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HomeMy WebLinkAbout11/19/90November 19, 1990 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 November 19, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Budak, Brown. Absent: Wright. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Pack 507 --Jesse Mills, Farley Roe, Clint Ostby, Dion Houdek. 96623 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on November 19, 1990, at 7:00 p.m., and the Minutes of the Regular Session on November 13, 1990, at 7:00 p.m., be accepted and approved. Motion carried. ADJOURNED HEARING 96624 - Moved by Buck, seconded by Angel The Mayor announced that the time had arrived for the adjourned hearing on the site plan amendment for property generally located at Fletcher and Howrey Avenues south of Janney Avenue to construct a temporary 60' x 60' parking lot west of the existing driveway on Fletcher Avenue for the sale of used cars by Lockard Development, Inc. (See minutes of November 5, 1990, CR 96559.) Moved by Buck, seconded by Angel that the adjourned hearing on said site plan amendment be reconvened. Motion carried. 96625 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections. Sang -Ki Han, Assistant City Attorney, opined that this matter need not be submitted to the City Council for its approval unless the Planning and Programming Commission staff feels that it should; that such approval by the City Council be by a simple majority of the members; and that its review of the site plan be based upon whether or not the proposed use is contrary to the general welfare as currently set forth in the zoning ordinance. Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning Commission had recommended approval of the site plan amendment subject to the following conditions: 1) Approved hard -surfacing of the parking lot by the City Engineer, 2) Approved drainage plan of the entire site in conjunction with the hard -surfacing of the parking lot, 3) Screening of the parking lot from adjoining residences and no parking lot lights to be installed, and 4) That continued use of the car lot beyond December 31, 1991 be resubmitted for approval by the Planning Commission and the City Council. Mitzi Rekward, representing Lockard Development Company, asked for staff assistance on recommended plantings for screening of the property. Bob Stevenson, City Planner, stated that they would assist in making these determinations. Joan Mineff, corner of Janney and Howrey, spoke against the site plan. She reported that the petition of objection representing 69% of the property owners within 250 feet of the request included the parishioners at Hagerman Baptist Church. Delores Poole, 1208 Howrey Avenue, spoke against the site plan amendment. As a matter of clarification, Mitzi Rekward stated that the existing hard -surfaced driveway will not be used for parking but will be used for access to the proposed expansion area to the west. November 19, 1990 Page 2 Adjourned Hearing - continued Charles Clute asked whether the proposed area would be permanent or temporary. Mitzi Rekward stated that it would be a temporary use until the remaining portion of the area develops. Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning Commission had conducted a public hearing on said request and notified all property owners within 250 feet of the request. Councilperson Angel concurred with the staff's opinion that the amendment was major and did require a public hearing of the City Council. Moved by Brown, seconded by Fox that the hearing be closed and the recommendation of the Assistant City Attorney and oral and written comments be received and placed on file. Motion carried. 96626 - Moved by Brown, seconded by Angel that the site plan amendment be denied. Ayes: Six. Absent: Wright. Motion carried. HEARINGS AND BIDS 96627 - Moved by Dell, seconded by Buck that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., for concrete replacement and patio repair at Five Sullivan Brothers Convention Center, as published in the Waterloo Courier on November 9, 1990, be received and placed on file. Motion carried. 96628 - 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 Buck that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-642. 96629 - Moved by Angel, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-643. 96630 - Moved by Fox, seconded by Angel to receive, file and instruct Clerk/Auditor to open and read bids and refer to Architect for review and recommendation (award delayed): Bidder Bid Bond Bid Amount Paul G. Christensen Construction Co. 5% $26,760 Motion carried. November 19, 1990 Page 3 HEARINGS 96631 - Moved by Budak, seconded by Buck that proof of publication of notice of public hearing on the Rath Tax Increment Redevelopment Area Plan for a Proposed Urban Renewal Area, as published in the Waterloo Courier on November 9, 1990, be received and placed on file. Motion carried. 96632 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Planning and Development Director, stated that the project is located within an area bounded by East llth Street, Franklin Street, Vinton Street, Sycamore Street, Dunham Place, and the Cedar River. The objective of the Plan is to strengthen the economy, promote residential, commercial and industrial development/redevelopment, eliminate mixed uses and blighted areas. Specifically, the Plan includes the demolition of the Rath site which has contributed to the decay of the entire area, provide expansion of the existing uses and establishment of new uses which are essential to the economic development of the area, improve housing conditions through use of Community Development Block Grant Funds in existing neighborhoods and encourage reinvestment in the residential, commercial and industrial existing uses and vacant land around the Rath site. The value of the area will be frozen and any increases in value and resulting tax revenues will be reinvested in the area to make necessary public improvements. Various financial incentives offered through the State of Iowa and the City of Waterloo will be provided to residences and businesses in the area. Councilperson Dell questioned whether the Plan addressed the Lafayette Park area and the ponding that has resulted this past year. Mr. Temeyer stated that the park is located outside the TIF Area, but the staff intends to work on the problem since it greatly affects the surrounding neighborhood. Gene Geiger, owner of property at 1659 Sycamore Street, asked whether there were any specific plans for the property at this address. Mr. Temeyer reported that even though the area is zoned "R-2" One and Two Family Residence District, any rezoning changes will require that the City Council conduct a public hearing. With the adoption of the Plan, the property is not automatically rezoned. Moved by Dell, seconded by Brown that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. 96633 - Moved by Buck, seconded by Budak that "Resolution approving said Plan", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-644. 96634 - Moved by Budak, seconded by Buck that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Rath Tax Increment Redevelopment Project Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Redevelopment Project", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Wright. Motion carried. November 19, 1990 Page 4 Hearings - continued 96635 - Moved by Brown, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Wright. Motion carried. 96636 - Moved by Buck, seconded by Fax 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: Wright. Motion carried. 96637 - Moved by Fox, seconded by Dell that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Rath Tax Increment Redevelopment Project Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Redevelopment Project", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3749. REPORTS 96638 - Moved by Angel, seconded by Brown that the Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --October 1990, be received and placed on file. Motion carried. DOCUMENTS 96639 - Moved by Fox, seconded by Brown that communication from Planning and Development Director transmitting agreement with Hope M. Anderson for use of the lift station and holding tanks at the intersection of San Marnan Drive and Kimball Avenue, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned Na. 1990-645. 96640- Moved by Fox, seconded by Brown that communication from Transportation Program Manager transmitting recommendation of award of contract to Peterson Contractors Inc. of Waterloo, Iowa in the amount of $21,500.00 for salvage and removal of buildings in conjunction with Sixth Street Extension, IX -6604(2)--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: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-646. 96641 - Moved by Fox, seconded by Brown that communication Treatment from Public Works Director transmitting amended Wastewater and Industrial Wastewater Discharge Permit for Eagle received, placed on file and "Resolution approving said be adopted and Mayor and Clerk/Auditor authorized to Six. Absent: Wright. Agreement Tanning Company, be amended agreement", execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 1990-647. , . November 19, 1990 Documents - continued 96642 - Moved by Fox, seconded by Brown Page 5 that communication from City Planner transmitting Final Plat of Tower Park, together with Deed of Dedication, Report of the City Engineer, and the recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-648. 96643 - Moved by Fox, seconded by Brown that communication from City Planner transmitting the Final Plat of Country Club First Addition, together with the Deed of Dedication, Report of the City Engineer, and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-649. RESOLUTIONS TO BE ADOPTED 96644 - Moved by Budak, seconded by Brown that "Resolution transferring from the Tax Increment Financing Fund the sum of $406,149.51 to the Debt Service Fund", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-650. 96645 - Moved by Budak, seconded by Brown that "Resolution transferring from the East Park Avenue Parking District the sum of $73,116.42 to the Debt Service Fund", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-651. 96646 - Moved by Budak, seconded by Brown that "Resolution transferring from the Airport General Fund the sum of $5,022.98 to the Debt Service Fund", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-652. 96647 - Moved by Budak, seconded by Brown that "Resolution transferring from the Trust and Agency Fund the sum of $1,960,456.42 to the General Fund", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-653. ORDINANCES TO BE ADOPTED 96648 - Mayor McKinley announced that the time had arrived for discussion on amendments to Chapter 16 - Garbage and Refuse as it relates to burning dates. Mayor McKinley explained that the ordinance states that burning would be allowed on any day through December 1, 1990. After that date, burning would be banned in the City of Waterloo. He stated that he will appoint a Task Force to look at the issue of burning and report back to the Council on March 1, 1991. The Task Force will be representative of the community and interested persons should contact him. He stated that this is an issue that must be looked at very closely. November 19, 1990 Page 6 Ordinances to be Adopted - continued Councilperson Buck explained that if the proposed ordinance is not passed on third reading, citizens will be allowed one more Saturday to burn (November 24, 1990). He also asked whether it is legal to burn in the streets. Fire Chief Stan Stapella stated that it is illegal to burn on any city street right of way and must only be done on private property. Councilperson Angel suggested the possibility of a leaf day when the City would offer free leaf pickup. Councilperson Fox stated that he would support a complete burning ban. Moved by Budak, seconded by Brown that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing parts of the existing Chapter 16 - Garbage and Refuse, and enacting in lieu thereof new parts of Chapter 16 - Garbage, Refuse and Yard Waste --Burning Dates", be received, placed on file, considered and passed for the third time. Ayes: Five. Nays: Buck. Absent: Wright. Motion carried. 96649 - Moved by Budak, seconded by Angel that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing parts of the existing Chapter 16 - Garbage and Refuse, and enacting in lieu thereof new parts of Chapter 16 - Garbage, Refuse and Yard Waste --Burning Dates", be adopted. Ayes: Five. Nays: Buck. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3750. 96650 - Moved by Brown, seconded by Budak that "an Ordinance amending the 1988 Traffic Code by repealing Section 558, 30 Minute Parking; and by enacting in lieu thereof a new Section 558, 30 Minute Parking (30 minute parking on High Street on the west side from Vine Street to Lime Street and on Westfield Avenue on the north side from 125 feet west of the John Deere clock house to McKinley Street)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Wright. Motion carried. 96651 - Moved by Dell, seconded by Budak that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Wright. Motion carried. 96652 - Moved by Fox, seconded by Buck that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Wright. Motion carried. 96653 - Moved by Buck, seconded by Angel that "an Ordinance amending the 1988 Traffic Code by repealing Section 558, 30 Minute Parking; and by enacting in lieu thereof a new Section 558, 30 Minute Parking (30 minute parking on High Street on the west side from Vine Street to Lime Street and on Westfield Avenue on the north side from 125 feet west of the John Deere clock house to McKinley Street)", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3751. 96654 - The Mayor announced that the time had arrived for discussion on the sewer rate increase. Councilperson Brown suggested that the City consider adopting a three-year rate schedule which would tie financing into the proposed completion of the Intercity Interceptor. November 19, 1990 Ordinances to be Adopted - continued Moved by Brown, seconded by Fox Page 7 that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections (2) and (6) of Section 34-43, Determination of Rates and Charges, of Chapter 34, Utilities; and by enacting in lieu thereof new Subsections (2) and (6) of Section 34-43, Determination of Rates and Charges, of Chapter 34, Utilities; and by adding a new Subsection (7) to Section 34-43, Determination of Rates and Charges, of Chapter 34, Utilities --sewer rates", be received, placed on file, considered and passed for the first time (three-year rate increase). Prior to a vote on this motion, the following discussion was heard. Al Manning, 919 Fairview Avenue, stated that he was not against improvements to the overall sewer system but against the continual rate increases. Vonnie Jackson, 1838 Howard Avenue, pointed out that there have been seven garbage fee increases. A roll call vote was taken on the above motion with the following result: Ayes: Fox, Buck, Budak, Brown. Nays: Dell, Angel. Absent: Wright. Motion carried. BILLS PAYMENT 96655 - Moved by Angel, seconded by Budak that "Resolution approving Schedule A918, pp. 1-77, in the amount of $1,524,364.32, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Buck. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-654. Travel Requests 96656 - Moved by Dell, seconded by Fox that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Clare L. Reed, Police Investigator, to attend Fraud & Financial Investigations School (U.S. Secret Service) in Glynco, Georgia, on December 3-14, 1990, with costs not to exceed $598.00, including the use of City vehicle. 2. Darrell Niedert, Recreation Department, to return John Stephenson Work Exhibition Riverside Galleries in Ann Arbor, Michigan, on November 15-16, 1990, with costs not to exceed $230.00, including the use of City vehicle. 3. Loretta Redd, Clerk I, to attend the How to be a Better Receptionist Seminar in Cedar Rapids, Iowa, on December 4, 1990, with costs not to exceed $153.00. 4. Susan Vaughn, Special Projects Coordinator, to attend Discovering the Power of Lotus 1-2-3- Seminar in Waterloo, Iowa, on November 29, 1990, with costs not to exceed $147.50, including the use of City vehicle. Motion carried. MISCELLANEOUS 96657 - Moved by Dell, seconded by Fox that the following beer and liquor license permit applications, be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: November 19, 1990 Page 8 Miscellaneous - continued 1. Beer/Wine License Permit Application Special Class C Wishbone, Inc., 201-5 West 18th Street (Renewal) (Expires 12/7/91) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/2/91) (Includes Sunday Sales) Motion carried. BONDS 96658 - Moved by Buck, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through November 19, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 96659 - John Bedard, 1945 Mulberry Street, reported the poor traffic movement at the intersection of Washington and West Fourth Streets. He suggested that the City install some type of turning arrows to allow turn movements. Don Temeyer, Planning and Development Director, stated that while U.S. Highway 218 is under construction, the traffic flow has been inhibited and any major changes would require expenditures of funds. Such changes seem impractical when new signals will be installed within the next few years. Councilperson Angel reported heavy semi -truck traffic on Rainbow Drive between Ansborough Avenue and Greenhill Road. Chief Koehrsen stated that the department is aware of the problem and has been ticketing in the area as manpower is available. Councilperson Angel thanked City staff for the left -turn arrows that have been installed at the intersection of Rainbow Drive and Greenhill Road. Mayor McKinley stated that with Thanksgiving upon us, he and the Councilmembers would like to thank the City staff for their many hours of dedication. Moved by Buck, seconded by Angel that the above oral comments be received and placed on file and that the Council adjourn at 8:10 p.m. Motion carried. Larry P. Burger City Clerk/Auditor