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HomeMy WebLinkAbout02/01/1988February 1, 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 February 1, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor McKinley Pledge of Allegiance: Troop 11 --Jason Murphy, Pete Lies, Randall Jamieson, Dean Earney, Cory Levendusky, Mike Mann, Chris Clay, Jeff Glaspie, Cory Saland, Antonio Johnson, J. T. Green Jr., Dion Reed, Richard Rowell, Aaron Rider, Chad Moore, Mike Hasstedt 91526 - Moved by Brown, seconded by Buck that the Agenda, as amended, for the Regular Session on February 1, 1988, at 7:00 p.m., be accepted and approved. Motion carried. 91527 - Moved by Brown, seconded by Buck that the Minutes of the Regular Session held on January 25, 1988, at 7:00 p.m., be approved. Motion carried. HEARINGS 91528 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Coldwell Banker Granger Realtors to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District property generally located at the southeast corner of the intersection of University Avenue and Ansborough Avenue as published in the Waterloo Courier on January 22, 1988, be received and placed on file. Motion carried. 91529 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, stated that the final count on all petitions submitted was 29.4 percent opposed and 54.2 percent in favor. A three-fourths vote of the Council would be required for passage of the ordinance. Moved by Brown, seconded by Buck that petitions submitted by area residents within 250 feet of the request in favor of said rezoning and petition submitted by area residents within 250 feet of the request opposed to said rezoning, together with recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 91530 - Jim Blackledge, Coldwell Banker Granger Realtors, spoke on behalf of the rezoning. Blackledge stated that the Planning and Zoning Commission had unanimously voted in favor of the rezoning and would ask that the Council support that action. Blackledge continued that the rezoning is proper and is shown as Commercial in the City Land Use Plan. Councilperson Angel stated that she had reports that Mr. Blackledge had misled some of the neighbors on her position on the rezoning. She continued that she was very concerned about being misrepresented. February 1, 1988 Page 2 Hearings - continued Blackledge stated that he apologized for the misunderstanding but had not told the neighbors that she was in favor of the rezoning. Councilperson Buck asked Mr. Blackledge to identify the area Burger King was planning on occupying and then questioned what the future development plans were for the southerly portion of the block. Buck also questioned the length of time for the franchise that Burger King had. Jim Blackledge stated that he could not guarantee what would happen to the rest of the area if rezoned "C-2" but that they were considering several options. Blackledge stated that Burger King has a twenty year franchise. Councilperson Buck questioned if the people who were proposing to run the Burger King here were the same people who had run the Burger Kings in the past. Buck continued that he asked that question based on some questionable business practices in the past. Mr. Blackledge stated that the owner of this proposed Burger King would be Larry Jones, who owns two Burger Kings in Ames, Iowa and is not the same person. Councilperson Angel questioned whether Mr. Blackledge would consent to a Conditional Zoning, thus, allowing the Council to make a determination on the remaining portion of the property at the time that a proposed use was brought before the Council. Mr. Blackledge stated that he could not answer question on reducing the zoning request from a "C-2" to a "C -Z" Conditional Zoning because he had other people with interest in the proposed block. Councilperson Dell questioned the reasons for the objections to the rezoning. Mr. Blackledge stated that to his knowledge the neighbors were concerned with the land that Burger King would not occupy. Traffic problems, liter, and a possibility of reduced property values were some of the concerns that were expressed when Mr. Blackledge talked with the neighbors. Blackledge continued that he didn't feel that a bar would have an interest in the area, and he presently was not working with any person representing a bar. The former Long John Silver's property (north of the site) recently sold for $190,000, with an additional $90,000 spent for remodeling. Blackledge stated that in his opinion a bar would not survive with the cost of the property so high. Larry Jones, of Marshalltown and the owner of the proposed Burger King, stated that he was placing an $800,000 investment in the community (including property and the building). Jones continued that he would be employing eight to ten full-time persons, forty part-time people who are high school and college students with an annual payroll of approximately $200,000. He owns two other stores in Ames, one for ten years and one for four years. Councilperson Fox questioned the use of Dundee Avenue for access to the site and the fact that it is not a hard surfaced street. Mr. Jones stated that that was a concern of him also and may be addressed after the Burger King is in operation. Jones continued that he is planning to spend $25,000 on landscaping. He stated that his plans are to be open until 11:00 p.m. on weekdays and possibly 2:00 a.m. on weekends. It is not a twenty-four hour operation. Mayor McKinley questioned Mr. Blackledge on his reaction to reducing the rezoning to a "C -Z" or possibly splitting the request up into two parcels; one for the Burger King of "C-2" and the other parcel "C -Z" Conditional Zoning. Councilperson Fox stated that he would prefer a Conditional Zoning designation to allow the Council further review of future development. Mike McRoberts, 1232 Ansborough Avenue, stated that he would like the Council to consider a Conditional Zoning to have further control over what is allowed in the remaining portion of the zoned area. Roberts stated that he would request that the Council vote down the "C-2" zoning this evening. February 1, 1988 Hearings - continued Don Calvin, 1230 Ansborough Avenue, spoke on behalf stated that he is in the middle of what to do with any moves until the Council decides what is going to Mayor McKinley questioned Bob Stevenson on whether could be split into two separate zoning issues; one and the rest of the area "C -Z" Conditional Zoning. Page 3 of the rezoning. Calvin his house and cannot make happen with the property. the request this evening "C-2" for the Burger King Stevenson stated that the Council does have the option to downgrade a zoning request during the zoning hearing and a "C -Z" Conditional Zoning would be a downgrading. Jim Blackledge stated that he had conferred with the other interested parties and would now request that the Council rezone the property for Burger King at "C-2" and the remaining portion be downgraded to a "C -Z" Conditional Zoning. Moved by Dell, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 231 to Section 2A-7, Rezoning Certain Property, and that Lots 3, 4, 5, 6 and 7, 16, 17, 18, 19 and 20 be rezoned to "C-2" and the remaining property be rezoned to "C -Z" Conditional Zoning with the "C -Z" portion being brought back to Council with the site plan prior to any future development", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 91531 - Mayor McKinley introduced Dan Foreman of Cub Scout Pack 13, Orange School. Pack 13 is visiting the Council meeting this evening to earn their citizenship merit badges. Dan Franck, 324 Brookside, Evansdale, and Dwayne Hinson, 1032 West Fifth Street, both stated that they had damage to their cars because of the pot holes in the City and would like the City to reimburse them for the damages. City Attorney Hugh Field stated that if they would bring their complaints to the City Attorney's Office, he would see that they were sent directly to the insurance carrier. Councilperson Angel questioned the traffic signal lights on the corner of University at Platt's Nursery being flashing lights instead of stop and go lights. Angel continued that she had received a complaint from Miriam Tyson that it was foggy and very difficult to see in the cross traffic at that location. Mike Mrzlak, Sign and Traffic Department, stated that they had had some electrical problems with those lights, but the problem had been resolved on Monday. Moved by Buck, seconded by Angel that the above comments be received and placed on file. Motion carried. UNFINISHED BUSINESS 91532 - Moved by Brown, seconded by Wright that reconsideration of site plan request of Center Materials Corporation for property generally located 2,000 feet west of Logan Avenue (U.S. Highway 63) and 1,320 feet north of West Big Rock Road for proposed limestone quarry, together with communication from Center Materials Corporation concerning access road resolution, be received, placed on file and "Resolution approving said site plan, as amended", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-30. February 1, 1988 Page 4 DOCUMENTS 91533 - Moved by Wright, seconded by Buck that Maintenance Bond in conjunction with F.Y. 1988 Independence Avenue Underpass Pumping Station Repairs, Contract No. 334, from Jens Olesen & Sons Construction Company, be received and placed on file. Motion carried. 91534 - Moved by Wright, seconded by Buck that communication from Associate Engineer transmitting completion of project and recommendation of acceptance for F.Y. 1988 Independence Avenue Underpass Pumping Station Repairs, Contract No. 334, for work completed by Jens Olesen & Sons Construction Company be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-31. 91535 - Moved by Wright, seconded by Buck that Maintenance Bond in conjunction with F.Y. 1988 East Fifth Street Parking Ramp Repairs, Phase IV, Contract No. 336, from Cardinal Construction Company, be received and placed on file. Motion carried. 91536 - Moved by Wright, seconded by Buck that communication from Associate Engineer transmitting completion of project and recommendation of acceptance for F.Y. 1988 East Fifth Street Parking Ramp Repairs, Phase IV, Contract No. 336, for work completed by Cardinal Construction Company, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-32. 91537 - Moved by Wright, seconded by Buck that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Work in conjunction with San Marnan Drive, IX -6498(3)--79-07, for work completed by Iowa Public Service 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. 1988-33. 91538 - Moved by Wright, seconded by Buck that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Work in conjunction with Kimball Avenue South, IX -6641(5)--79-07, for work completed by Waterloo Cablevision, 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. 1988-34. 91539 - Moved by Wright, seconded by Buck that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Work for Kimball Avenue South, IX -6641(5)--79-07, for work completed by Waterloo Water Works, 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. 1988-35. February 1, 1988 Page 5 Documents - continued 91540 - Moved by Wright, seconded by Buck that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Work in conjunction with Kimball Avenue South, IX -6641(5)--79-07, for work completed by Northwestern Bell Telephone Company, 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. 1988-36. 91541 - Moved by Wright, seconded by Buck that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Work in conjunction with Kimball Avenue Middle, IX -6641(4)--79-07, for work completed by Northwestern Bell Telephone Company, 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. 1988-37. 91542 - Moved by Wright, seconded by Buck that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Work in conjunction with Kimball Avenue Middle, IX -6641(4)-79-07, for work completed by Waterloo Water Works, 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. 1988-38. 91543 - Moved by Angel, seconded by Brown that communication from Transportation Program Manager transmitting Contract for Consultant Engineering Services with Brice, Petrides -Donohue Company for U.S. 218 Bikeway Design in conjunction with IX -218-7(80)--3P-07, be received, placed on file and "Resolution approving said document", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-39. RESOLUTIONS TO BE ADOPTED 91544 - Moved by Angel, seconded by Brown that "Resolution authorizing condemnation proceedings for 1023 Ansborough Avenue and 1103 Ansborough Avenue in conjunction with Ansborough Avenue Reconstruction Project, IX -6615(5)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-40. 91545 - Moved by Angel, seconded by Brown that "Resolution setting date of hearing as February 22, 1988 at 7:00 p.m. in the City Hall Council Chambers on conveyance of an alley to Dale Elwood, Martha Louise DuBois, Augustus C. Anderson, Jr., Kecia D. Anderson and Augustus Anderson, III, generally located east of Gilbert, north of Ann and south of Roosevelt", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-41. February 1, 1988 Page 6 Resolutions To Be Adopted - continued 91546 - Moved by Angel, seconded by Brown that "Resolution setting date of hearing as February 22, 1988 at 7:00 p.m. in the City Hall Council Chambers on submission of application to the Department of Housing and Urban Development for 50 additional units of Section 8 Housing Vouchers", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-42. 91547 - Moved by Angel, seconded by Brown that "Resolution approving voluntary annexation request of Willard R. Frost and Norma J. Frost and Mildred Frost of 80 acres of real property lying south of Newell Street and 1,320 feet west of North Elk Run Road, together with recommendation of approval of Planning, Programming and Zoning Commission", be adopted. Prior to the vote, Bill Gilliam, attorney representing Warren Transport Company, stated that he would like to object to both the annexation and the issue of setting a date for the rezoning hearing as February 10, 1988. Gilliam continued that he saw no rationale for adding additional industrial property to the present location, and that the Council should look at this issue closer based on the fact that the State has stated on many occasions that Iowa should preserve all the agricultural land it presently has. Gilliam stated that he found it hard to believe that the Council would rezone the property when they actually did not know what was being located in that area. Gilliam said that he had just set through the Burger King rezoning and that was one of the major issues in the proposed rezoning for the Burger King property. Gilliam requested that the Council not set the date of public hearing until a proposed use was announced for the area. City Attorney Hugh Field stated that the proposed rezoning classification ("M -2,P") would require a site plan. Attorney Gilliam stated that any development proposals be reviewed by the the Planning and Zoning Commission, acting as a conduit to the Council. Jack Nichols, President of the Cedar Valley Partnership, stated that the Council should approve the annexation and set the date of public hearing for the rezoning based on the fact that there is an opportunity to attract a major employer to the City. Nichols continued that the area is prime location for industrial development. He urged the Council to move quickly on the rezoning of the area. Councilperson Angel stated that she felt that it was her duty to propose setting the date of hearing where all issues can be brought before the Council. Councilperson Buck questioned Attorney Gilliam on his specific objections to the request. Attorney Gilliam stated that he questioned the haste in which the Council was acting, the issue of other land available in the community without pulling agricultural land out of production, and the signal that the Council would be sending to all other business people in the community. Attorney Field stated that there had been a public hearing held earlier today at the Planning and Zoning Commission and there were no other objections except the ones from Mr. Gilliam representing Warren Transport. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-43. February 1, 1988 Page 7 Resolutions To Be Adopted - continued 91548 - Moved by Angel, seconded by Brown that "Resolution setting date of hearing as February 10, 1988 at 4:00 p.m. in City Hall Council Chambers on request of Willard R. and Norma J. Frost, Mildred Frost, Wayne and Aniceta Claassen to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District approximately 166 acres generally located along the south side of Newell Street and the west side of North Elk Run Road", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-44. ORDINANCE TO BE ADOPTED 91549 - Moved by Brown, seconded by Buck that "an Ordinance adopting a Code of Ordinances and a Traffic Code for the City of Waterloo, Iowa", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 91550 - Moved by Fox, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and 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. 91551 - Moved by Angel, seconded by Fox that "an Ordinance adopting a Code of Ordinances and a Traffic Code for the City of Waterloo, Iowa", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3523. BILLS PAYMENT 91552 - Moved by Angel, seconded by Fox that "Resolution approving Schedule A918, pp. 1-48, in the amount of $353,192.89 and Schedule W900, pp. 1-9, in the amount of $80.44, 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. 1988-45. Travel Requests 91553 - Moved by Budak, seconded by Wright that the following requests for travel with expenses not to exceed amount shown, be received, placed on file and approved: 1. Stanley P. Stapella, Fire Chief, to attend Iowa Association of Professional Fire Chiefs Spring Conference on February 9, 1988, in Ames, Iowa, with costs not to exceed $200.00, including the use of City vehicle. 2. Gregory Ferguson, Medical Supervisor, to attend Pediatric Advanced Life Support Seminar on March 4 and 5, 1988, in Iowa City, Iowa, with costs not to exceed $280.00. 3. Robert J. Greenlee, Waterloo Police Department, to attend Crime Prevention Annual Training Conference (Iowa) on April 5 and 6, 1988, in Newton, Iowa, with costs not to exceed $119.00, including the use of City vehicle. February 1, 1988 Page 8 Travel Requests - continued 4. Patricia L. Reed, Human Rights Specialist, to attend Advanced Investigator(s) Seminar on February 24 - 26, 1988, in Kansas City, Missouri, with costs not to exceed $338.00. 5. James L. Boyd, Human Rights Specialist, to attend Advanced Investigator (s) Seminar on February 24 - 26, 1988, in Kansas City, Missouri, with costs not to exceed $210.00. Motion carried. MISCELLANEOUS 91554 - Moved by Angel, seconded by Buck that the following applications for Beer and Liquor License, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the following Cigarette License be received, placed on file and approved: 1. Beer and Liquor License Permit Application Class C The Corral, 1927 Jefferson (New) (Expires 2/5/89) (Includes Sunday Sales) 2. Beer and Wine License Permit Application Class E National Cigar Store dba Sycamore Street Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/88) (Includes Sunday Sales) 3. Liquor License Permit Application Class E National Cigar Store dba Sycamore Street Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/1/88) (Includes Sunday Sales) Cigarette License One (1) Motion carried. BONDS 91555 - Moved by Brown, seconded by Dell that the report of City Attorney and list of bonds filed with Clerk/Auditor through February 1, 1988, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 91556 - Moved by Angel, seconded by Buck that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor