HomeMy WebLinkAbout10/15/90October 15, 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 October 15, 1990. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Buck, Wright, Budak, Brown. Absent: Angel.
Invocation by: Mayor Bernie McKinley
Pledge of Allegiance: Pack 127, Den 5 --Danny Barfels, Mason Cowell, Ben Lindley, Jason
Parks, Justin Wagner and Kory Winkie.
96498 - Moved by Wright, seconded by Buck
that the Agenda, as proposed, for the Regular Session on October 15, 1990, at
7:00 p.m., and the Minutes of the Regular Session on October 8, 1990, at 7:00
p.m., be accepted and approved. Motion carried.
HEARINGS
96499 - Moved by Fox, seconded by Buck
that proof of publication of notice of public hearing on request of Petcor N.A.
Corporation to rezone from "C-2" Commercial District to "C -Z" Conditional
Zoning property generally located along the private extension of K -Line Drive,
south of U.S. Highway 20 and east of U.S. Highway 63, as published in the
Waterloo Courier on September 28, 1990, be received and placed on file. Motion
carried.
96500 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Bob Stevenson, City Planner, reported that 32 percent of the property owners
lying within 250 feet of the request had signed a petition in opposition to the
request. Additionally, 180 residents of Timberline patio homes and Audubon
Park have signed a petition against the request. A three-fourths favorable
vote of the City Council will be required to approve the zoning request.
Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning
Commission held a public hearing on the request on August 16, 1990. Upon
hearing opposition from residents in the area and proponents of the request,
the Commission voted 4 to 2 to deny the rezoning. The applicant requested that
the Commission reconsider the request based upon an amended request that the
rezoning be approved through December 31, 1993. At that time, the property
would revert to its current "C-2" Commercial Zoning District. After
reconsideration, the Commission voted 8 to 0 to approve the Conditional Zoning
of the site for a construction equipment storage yard through December 31,
1993, subject to no storage of construction materials on the site, including
the pile of dirt placed on the east end of the site.
Kevin McCrindle, representing K -Line Enterprises, Inc., reiterated the four
reasons that staff had recommended denial of the request, which include: 1)
The request is not in conformance with the land use plan, 2) The rezoning would
have a detrimental affect on residents to the south of the proposed site, 3)
The storage yard cannot be adequately screened, and 4) There are more
appropriate locations in the community for construction storage yards. He
urged the Council's denial of the request based upon these reasons.
Clair Randall, President of Timberline Patio Corporation, urged the Council to
deny the request based upon the annual meeting of the Corporation on October
11, 1990, and subsequent petition against the request.
Rick Morris, attorney for Petcor N.A. Corporation, urged the Council's approval
of the request stating that it would only be a temporary use of the property.
He introduced Kirk Eschliman, Claassen Engineering Company, and Cork Peterson,
Principal of Petcor N.A. Corporation.
Cork Peterson provided a brief history and overview of the property including
his purchase of the property. Mr. Peterson explained that in July 1990 the
corporation employed approximately 79 full-time employees providing jobs in the
October 15, 1990 Page 2
Hearings - continued
community and saving the City many dollars on public works project. Even
though he has been the low bidder on many City projects, he has not asked for
any public assistance, including tax credits, Job Training Partnership Act
monies, or other available programs. He addressed several concerns of the
neighbors, including the dust. He indicated that the area is serviced with
crushed asphalt in an attempt to keep dust problems to a minimum. He reported
that the Fire Department has inspected the underground fuel tank with no
significant problems. He also reported that they appropriately maintain the
area. He also reported that when he purchased the property from Dick
Klingaman, he was above board and open about his plans for the area.
In response to a question from Councilperson Fox, Mr. Peterson reported that
the expiration date on the rezoning was based upon the number of contracts they
currently have and anticipate receiving by June 30, 1993, and that highway work
will be reduced significantly, and they can remove their storage yard from the
site at that time.
In response to a question from Councilperson Brown, Mr. Peterson reported that
if the request is denied, he would anticipate using the property as an
office/service business area. He also reported that if the request is denied,
the storage area would have to be moved south, perhaps to Hudson.
Dick McCalley, 4537 West Fourth Street, stated that he was concerned that the
property is in the flood plain. Additionally, fire protection to the site is
less than adequate. He urged the applicant to move the storage yard west of
Highway 63 where less conflicting uses are located.
Fire Chief Stan Stapella stated that the underground storage tanks contain
diesel fuel. Upon inspection, he reported that there are no problems currently
at the site and that it meets the criteria of a temporary installation.
Don Snyder, 2331 Skyline Drive, reported that he lives on the west side of the
condominium complex and that the construction site provides a less than
desirable visual impact. He urged the Council's denial of the request.
Judy Frost, 4222 Soo Line Drive, stated that the odors created by the trucks
contaminate the air. She also stated that if the Council approves the request
at this time, the applicant will then attempt to rezone it for a permanent
location for storage purposes.
Robert Peterson, 2337 Dusty Road, objected to the request. He urged the
Council to respect the opinion of 80 persons within the condominium association
who are taxpaying citizens who object to the request. He also suggested that
if the request is approved, an additional access be provided to the site since
it is now somewhat limited.
Kirk Eschliman, Claassen Engineering, suggested that perhaps the City's Land
Use Plan is in error and that the area should be developed other than with
multiple family residences. He stated that the current use does conform with
the zoning classification of "C-2" Commercial District.
In response to concerns about the flood plain, Bob Stevenson, City Planner,
stated that portions of the property lie within the flood plain.
Kathy Oberle, 710 Forest Avenue, suggested that the City investigate the
location of the fuel storage facility to determine if it lies within the flood
plain. She also reported that the Council should keep in mind its efforts to
minimize the visual impact of salvage yards and impressions it gives to
visitors to our community. She asked that the Council consider this when
discussing the request.
Kevin McCrindle indicated that the property has been used as a non -conforming
use for two years and now the requestor desires the extension for another three
years. He argued that this is not an appropriate use for the property and
suggested that there is probably a better location in the community for this
type of operation.
Rick Morris, representing Petcor N.A. Corporation, requested that the City
Council delay a decision on this matter until all seven Councilpersons are
present since three-fourths or six Council Members must vote in favor of the
rezoning for approval.
October 15, 1990
Hearings - continued
Page 3
Kevin McCrindle stated that there is a quorum present and urged the Council to
vote on the issue this evening.
Moved by Brown, seconded by Dell
that the hearing be closed and petitions of objections 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.
96501 - Moved by Dell, seconded by Budak
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 29 to Section 2A -7N, Conditional Zoning
Certain Property", be received, placed on file, passed and considered for the
first time. Ayes: Wright. Nays: Dell, Fox, Buck, Budak, Brown. Absent:
Angel. Motion not carried and request denied.
96502 - Moved by Fox, seconded by Dell
that proof of publication of notice of public hearing on request of Dixie Smith
to rezone from "R-2" One and Two Family Residential District to "C -Z"
Conditional Zoning property generally located at 2420 Kaiser Court, as
published in the Waterloo Courier on September 28, 1990, be received and placed
an file. Motion carried.
96503 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Bob Stevenson, City Planner, reported that petitions have been received
opposing the request totaling 47.8 percent of the area lying within 250 feet of
the request. An additional petition in favor of the request has been received
representing 42 percent of the property owners lying within 250 feet of the
request. He reported that the Planning, Programming and Zoning Commission
recommended that the request be approved, subject to five additional off-street
parking spaces being provided. In addition, the applicant has agreed to
provide ten on-site parking spaces, limit dance class size to no more than 8
students, limit parental visitation to each dance class to once a month, and
that classes meet only from 4:00 p.m. to 9:00 p.m. on weekdays and from 9:00
a.m. to noon on Saturdays during the school year. In the summer, she has
agreed that classes will meet three days a week from 8:30 a.m. until noon and
one evening from 5:00 p.m. until 9:00 p.m. on weekdays only. There are no
scheduled classes during the month of August.
George Keith, attorney representing Dixie Smith, reported that Ms. Smith had
purchased the property 18 years ago, and at that time was told that a dance
studio was allowed at this residence. She desires to continue the operation in
her home.
Dixie Smith, 2420 Kaiser Court, reported that she has been teaching dance in
the community for 39 years. As a single parent, she stated she has been
successful in keeping many kids off the street and benefitting the community
and themselves. She reported that she wishes to remain at her residence as she
has done for the last 18 years without any changes. She urged the Council's
approval of her request.
Tom Gill, 2408 Kaiser Court, stated that he was told that Ms. Smith was allowed
to continue at this location because of the "grandfather" clause. He reported
that he has complained to her in the past about the parking problem but to no
avail.
A citizen stated that even though he was Ms. Smith's son-in-law, she has
attempted to address the parking situation in the neighborhood as adequately as
possible by providing off-street parking spaces. He urged approval of the
request.
Monica Waters, 2507 Kaiser Court, stated that she is not against Ms. Smith's
business, but suggested that she relocate to a non-residential area.
A resident on Sheridan Road supported the existing location of the studio. She
stated that in her opinion as a parent of a dance student, Ms. Smith is a very
caring and kind individual and keeps her property in very good shape.
October 15, 1990
Page 4
Hearings- continued
Rod Ritenour, 2425 Kaiser Court, stated that two weeks during each year he
parks his boat in the street until he is able to store it. He reported his
objection to the rezoning and stated that Ms. Smith's house is not a proper
location for a dance studio. The amount of traffic that it produces based upon
her student population is excessive for a residential area.
Several students of Dixie Smith's appeared asking the Council to allow her to
remain at this location. They stated that with her help they have learned much
about dancing as well as being an individual.
Brenda Knutson, 2407 Kaiser Court, stated that she had no problem with the
dance studio, particularly with the additional parking. She supported the
rezoning request.
Bob Griffin, attorney representing the neighbors opposing the request, stated
that the opposition is not for what she does with kids and her contributions to
the community, but for the location of such a business in a residential area.
He urged that she find an alternative location taking into consideration the
general welfare of the residents. With the estimated number of students and
hourly rate that she charges, he reported that she certainly could find an
alternative location.
George Keith reiterated his support of his client's position to remain at this
location. He reminded the Council that when the adjacent property owners
located in their homes, she had been in existence at that time and they should
have been aware of her presence.
Lloyd Blumenshine, 2506 Kaiser Court, urged the Council's denial of the request
based upon the traffic and safety problems that it generates.
Moved by Buck, seconded by Brown
that the hearing be closed and petitions of objection from owners of 47.8
percent of the property within 250 feet of the area to be rezoned and petition
in favor 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.
96504 - Moved by Budak, seconded by Buck
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 29 to Section 2A -7N, Conditional Zoning
Certain Property", be received, placed on file, considered and request denied.
Ayes: Six. Absent: Angel. Motion carried.
PETITIONS FROM PUBLIC
96505 - Moved by Dell, seconded by Wright
that communication from City Planner transmitting site plan amendment request
of Lockard Development, Inc. for property located between Fletcher and Howrey
Avenues south of Janney Avenue to construct a temporary 60' x 60" parking lot
for the sale of used cars, together with recommendation of approval of the
Planning, Programming and Zoning Commission, be received,
placed on file and
"Resolution setting date of hearing as November 5, 1990, at 7:00 p.m. in the
City Hall Council Chambers on the above described request", be adopted and City
Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent:
Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-588.
dctober 15, 1990 Page 5
Petitions from Public - continued
96506 - Moved by Dell, seconded by Wright
that communication from City Planner transmitting request of Bertch Cabinet to
vacate a portion of the platted easement on Tracts H and J in Cedar Crest
Addition, together with recommendation of approval of the Planning, Programming
and Zoning Commission, be received, placed on file and "Resolution setting date
of hearing as November 5, 1990, at 7:00 p.m. in the City Hall Council Chambers
on the above described request", be adopted and City Clerk/Auditor instructed
to publish notice of same. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-589.
UNFINISHED BUSINESS
96507 - Moved by Fox, seconded by Buck
that communication from Park Board transmitting recommendation to reject all
bids received on September 17, 1990 (See CR 96380) for the Municipal Stadium
Clubhouse, be received, placed on file and approved. Motion carried.
REPORTS
96508 - Moved by Brown, seconded by Wright
that communication from City Planner transmitting request for authorization to
proceed with improvements to Falls Avenue/University Avenue intersection to
extend the eastbound left turn bay on University Avenue approximately 250 feet
with 100 percent State of Iowa Safety Funds, be received, placed on file and
approved. Motion carried.
96509 - Moved by Brown, seconded by Wright
that the City of Waterloo Municipal Sanitary Sewage Utility Financial
Statements and Supplemental Information for F.Y. 1990, be received and placed
on file. Motion carried.
96510 - Moved by Brown, seconded by Wright
that communication from City Planner transmitting the Fiscal Year 1990 Annual
Report of the Planning, Programming and Zoning Commission, be received and
placed on file. Motion carried.
96511 - Moved by Brown, seconded by Wright
that Waterloo Housing Ridgeway Towers and Section 8 Waterloo Housing
Certificate Program --September 1990, be received and placed on file. Motion
carried.
DOCUMENTS
96512 - Moved by Fox, seconded by Brown
that communication from Assistant City Engineer transmitting the Contracts,
Bonds and Certificates of Insurance from E. B. Spencer Engineering Company of
Waterloo, Iowa, in the amount of $507,700.00 in conjunction with the F.Y. 1990
Waterloo Water Pollution Control Plant, Sludge Dewatering Improvements,
Contract No. 388, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor and Clerk/Auditor authorized to execute same.
Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-590.
96513 - Moved by Fox, seconded by Brown
that communication from Transportation Program Manager transmitting Utility
Agreement with WestMarc Cable in conjunction with Greenhill Road,
IX -6560(4)--79-07, together with recommendation of approval, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-591.
October 15, 1990 Page 6
RESOLUTIONS TO BE ADOPTED
96514 - John Meyer, Public Works Director, stated that the change in parking time
limits in the 700 block of Sycamore Street was prompted by a request from
Powers Engineering. In essence, shorter term parking will be placed in front
of Powers Engineering to allow for customer parking.
Moved by Budak, seconded by Brown
that "Resolution amending Resolution No. 1989-4, which established parking
regulations in the Central Business District in the City of Waterloo (changing
the time limit of parking in the 700 block of Sycamore Street)", be adopted.
Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-592.
96515 - Don Temeyer, Planning and Development Director, stated that this resolution
supports legislation that has been introduced into Congress eliminating the
current actual count census and allow the Department of Commerce to do a
statistical analysis of an area and determine its population.
Moved by Budak, seconded by Brown
that communication from Mayor Bernie McKinley transmitting Resolution
supporting legislation which will mandate a statistical correction of the 1990
census counts, be received, placed on file and "Resolution supporting said
legislation", be adopted. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-593.
96516 - Moved by Budak, seconded by Brown
that communication from City Planner transmitting recommendation that all bids
on the sale and conveyance of property located at 1027-1029 Progress Avenue in
conjunction with the Interstate Substitution Program, as approved by the City
Council on August 20, 1990, be rejected, and that City staff be directed to
negotiate sale of said property to any interested parties, be received, placed
on file and "Resolution approving said recommendation", be adopted and City
staff is directed to negotiate sale of said property. Ayes: Six. Absent:
Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-594.
HILLS PAYMENT
96517 - Moved by Buck, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-47, in the amount of
$402,597.25, dated October 15, 1990, copies of which are on file in the
Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Fox. Absent:
Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-595.
NEW BUSINESS
96518 - Moved by Brown, seconded by Buck
that plans, specifications, form of contract, etc., for the Sixth Street
Extension - West, Salvage and Removal, IX -6604(2)--79-07, be received, placed
on file and "Resolution setting date of hearing as November 5, 1990, at 7:00
p.m. in the City Hall Council Chambers on said project", be adopted and
Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent:
Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-596.
October 15, 1990
New Business - continued
96519 - Moved by Brown, seconded by Buck
Page 7
that plans, specifications, form of contract, etc., for the Sixth Street
Extension (West), IX -6604(3)--79-07, be received, placed on file and
"Resolution setting date of hearing as November 5, 1990, at 7:00 p.m. in the
City Hall Council Chambers on said project", be adopted and Clerk/Auditor
instructed to publish notice of same. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-597.
96520 - Moved by Brown, seconded by Buck
that communication from Mayor Bernie McKinley transmitting recommendation of
appointment of Peter W. Burk to the Library Board of Trustees, effective
immediately with term expiration date of June 30, 1996, be received, placed on
file and approved. Motion carried.
96521 - Moved by Brown, seconded by Buck
that communication from Mayor Bernie McKinley transmitting recommendation of
appointment of Brad Condon to the Waterloo Redevelopment Authority, effective
immediately with term expiration date of October 13, 1994, be received, placed
on file and approved. Motion carried.
96522 - Moved by Brown, seconded by Buck
that communication from Mayor Bernie McKinley transmitting recommendation of
reappointment of Roger Olesen, Cecil DeLange, Hugh Copeland and Joe Fox to the
Waterloo Redevelopment Authority for a four year term, with term expiration
date of October 13, 1994, be received, placed on file and approved. Motion
carried.
96523 - Moved by Brown, seconded by Buck
that communication from Director of Parks and Forestry transmitting
recommendation of appointment of Lance Rampton, Dennis Boaz and Ron Willis to
the position of Golf Maintenance II, subject to successful completion of
physical examination, be received, placed on file and approved. Motion
carried.
Travel Requests
96524 - Moved by Fox, seconded by Buck
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Bruce Bottorff, Superintendent of Water Pollution Control, to attend
Leadership and Motivational Skills for Supervisors workshop in Ames, Iowa,
on October 24-25, 1990, with costs not to exceed $355.00, including the
use of City vehicle.
2. John Shea, Assistant Superintendent of Water Pollution Control, to attend
D&B Supervisors workshop in Cedar Rapids, Iowa, on November 29, 1990, with
costs not to exceed $132.50, including the use of City vehicle.
3. Ronnie Johnson, Street Foreman, to attend Leadership and Motivational
Skills for Supervisors workshop in Ames, Iowa, on October 24-25, 1990,
with costs not to exceed $410.00, including the use of City vehicle.
Motion carried.
October 15, 1990 Page 8
MISCELLANEOUS
96525 - Moved by Fox, seconded by Buck
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 and application for Haunted House, be
received, placed on file and approved:
1. Beer License Permit Application
Class C
Fast Track, 1622 University Avenue (Renewal) (Expires 11/20/91) (Includes
Sunday Sales)
2. Beer & Liquor License Permit Application
Class C
Pressbox Lounge, 501 West 4th Street (Renewal) (Expires 10/15/91)
Brown Bottle, 209 West 5th Street (Renewal) (Expires 10/21/91) (Includes
Sunday Sales)
3. Liquor License Permit Application
Class E
County Market, 1411 Flammang Drive (Renewal) (Expires 10/30/91) (Includes
Sunday Sales)
Application for Haunted House
Waterloo Jaycees at Whittier School, 416 Sullivan Avenue, October 19, 20, 26
and 27, 1990 between the hours of 7:00 p.m. and midnight, October 28-30, 1990
between the hours of 7:00 p.m. and 10:00 p.m., and October 31, 1990 between the
hours of 7:00 p.m. and midnight.
Motion carried.
BONDS
96526 - Moved by Buck, seconded by Wright
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through October 15, 1990, be received, placed on file and report
and bonds approved. Motion carried.
The Mayor called for oral presentations and there were none.
ADJOURNMENT
96527 - Moved by Buck, seconded by Wright
that the Council adjourn at 9:00 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor