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HomeMy WebLinkAbout08/13/90r August 13, 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 August 13, 1990. Mayor Pro Tem Robert J. Brown in the Chair. Roll Call: Fox, Buck, Wright, Budak, Brown. Absent: Dell, Angel. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Troop 11, Longfellow School --Scout Leader James Glaspie, Jared McCammon, Ryan McCammon 96180 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on August 13, 1990, at 7:00 p.m., and the Minutes of the Regular Session on August 6, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 96181 - Moved by Fox, seconded by Buck that proof of publication of notice of public hearing on request of Randy Fratzke to rezone from "R-2" One and Two Family Residential District to "C -Z" Conditional Zoning property generally located at the corner of Western Avenue and Bertch Avenue, as published in the Waterloo Courier on July 27, 1990, be received and placed on file. Motion carried. 96182 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for oral and written objections. Randy Fratzke, 924 Western Avenue, spoke in support of the request. He explained that he currently operates a studio at 808 Ansborough Avenue, but due to medical difficulties, it will be necessary for him to relocate his business to his residence. Moved by Budak, seconded by Buck that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments and petition in support of said request from owners of 67.7 percent of the property within 250 feet of said property, be received and placed on file. Motion carried. 96183 - Moved by Fox, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 28 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Five. Absent: Dell, Angel. Motion carried. 96184 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on request of Robert Van Nevele and others to vacate, sell and convey the unimproved portion of Ogden Avenue between Dearborn Avenue and Cottage Grove, as published in the Waterloo Courier on July 27, 1990, be received and placed on file. Motion carried. 96185 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wright, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 96186 - Moved by Budak, seconded by Wright that "an Ordinance vacating the unimproved portion of Ogden Avenue between Dearborn Avenue and Cottage Grove", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Angel. Motion carried. August 13, 1990 Page 2 Hearings - continued 96187 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Jeff Isaacs to amend City Zoning Ordinance No. 2479, as amended, to allow a recording studio as a permitted use in a "R-4" Multiple Family Residential District, as published in the Waterloo Courier on July 27, 1990, be received and placed on file. Motion carried. 96188 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Jeff Isaacs, 711 West First Street, indicated there are some choice properties zoned "R-4" Multiple Family Residential District that would be conducive for locating recording studios, but currently it is not a permitted use. It was noted that noise from the inside will not eminent outside or vice versa. Moved by Buck, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments, be received and placed on file. Motion carried. 96189 - Moved by Fox, seconded by Wright that "an Ordinance amending City Zoning Ordinance No. 2479, as amended to allow a recording studio as a permitted use in a "R-4" Multiple Family Residential District", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Angel. Motion carried. PETITIONS FROM PUBLIC 96190 - Mayor Pro Tem Brown announced that the time had arrived for discussion on the minor site plan amendment of Charles Granger for signage for the development located along Kimball Avenue frontage road, north of McDonalds Restaurant. The applicant proposes to place a 40 square foot post sign and 140 square feet of signage along the front (facing McDonalds) and the side (facing Kimball Avenue) of the building. Councilperson Buck indicated his support of the request due to the building configuration and layout. He pointed out that if the building front was facing Kimball Avenue, the ordinance would allow additional signage. He also reported that the neighbors did not disapprove of additional signage since it will be faced away from their homes. Kathy Oberle, 710 Forest Avenue, stated that the Council should set a date of hearing to allow neighbors to voice their concerns. Charles Granger, applicant for said site plan amendment, indicated that at the time the site plan was originally reviewed, it was his understanding that the signage requirements of the "C-1" Commercial District classification would be allowed. Since the approval of the original site plan, only the signage that was on the site plan was actually approved. He reported that he had spoken to neighbors in the area following the last City Council meeting and advised them of the proposed signing as now requested, without objection. Councilperson Fox indicated that this was a logical request and would assist customers in finding the development. In response to a question from the audience, City Attorney Hugh Field indicated that a public hearing was not required; however, the City Council could conduct one if they felt it necessary for neighborhood input. Don Temeyer, Planning and Development Director, reported that the staff had recommended denial of the request since adequate signage existed on the original site plan for advertising purposes. August 13, 1990 Page 3 Petitions from Public - continued Moved by Buck, seconded by Fox that communication from City Planner transmitting minor site plan amendment request of Charles Granger for property generally located along the Kimball Avenue frontage road, north of McDonalds Restaurant on Brookeridge Drive for a 40 square foot post sign and 140 square feet of signage along the front (facing McDonalds) and side (facing Kimball Avenue) of said building, together with recommendation of denial of the Planning staff for the signage on Kimball Avenue, be received, placed on file and "Resolution approving said minor site plan amendment request", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-468. 96191- Moved by Buck, seconded by Fox that communication from City Planner transmitting request of Taco Bell to dispose of real estate to correct legal description for property located at the northeast corner of San Marnan Drive and LaPorte Road, be received, placed on file and "Resolution setting date of hearing as August 27, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-469. 96192 - Moved by Buck, seconded by Fox that communication from City Engineer transmitting request of Matt Welsford for temporary concrete driveway to be located at 1824 Mitchell Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-470. 96193 - Moved by Buck, seconded by Fox that communication from Nadine Thornton and Bill Levis transmitting temporary signage request to temporarily place sign on City right-of-way on West Park and Jefferson Street (near Brown & Dieckman Insurance), Washington Street and Park Avenue (former location of the Music Corner), and West Fourth Street and Jefferson Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-471. REPORTS 96194 - Moved by Fox, seconded by Budak that communication from Building Official transmitting the F.Y. 1989-1990 Building Department Annual Report, be received and placed on file. Motion carried. DOCUMENTS 96195 - Moved by Fox, seconded by Wright that communication from Clerk/Auditor transmitting the proposed Maintenance Agreement for traffic signals with the City of Elk Run Heights, be received, placed on file and "Resolution approving said request", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-472. August 13, 1990 Page 4 Documents - continued 96196 - In response to a question from the audience, Deputy Clerk/Auditor Michelle Temeyer reported that the major changes in the Travel Policy includes an increase in the daily meal allowance for City officials traveling to conventions and conferences. In large cities, such as New York and Boston, a daily allowance of $50 will be allowed. Currently, $25 per diem is allowed. For intermediate size cities, a $35 per day reimbursement will be allowed. Additionally, the policy will allow the implementation of the use of credit cards. Currently, City employees and officials must provide the necessary "upfront" money prior to the travel and then be reimbursed after receipts are submitted. The policy would allow the use of a credit card and eliminate this procedure. Moved by Fox, seconded by Wright that communication from Clerk/Auditor transmitting updated travel policy, be received, placed on file and "Resolution approving said updated travel policy", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-473. 96197 - Moved by Fox, seconded by Wright that communication from Transportation Program Manager transmitting recommendation of award of Asbestos Removal Contract F -90(A) to Advanced Technologies Corporation in the amount of $3,000.00 in conjunction with Sixth Street Extension --East and West, be received, placed on file and "Resolution approving said contract", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-474. 96198 - Moved by Fox, seconded by Wright that communication from Assistant City Planner transmitting recommendation of award of contract to Advanced Technologies Corporation in the amount of $8,900.00 for asbestos removal at the former East Side Library, be received, placed on file and "Resolution approving said contract", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-475. 96199 - Moved by Fox, seconded by Wright that communication from Assistant City Engineer transmitting Change Order No. 4 with E. B. Spencer Engineering Co. for F.Y. 1989 Water Pollution Control Plant Improvements - Phase I, Contract No. 372, for a net increase of $9,478.16, be received, placed on file and approved and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Motion carried. 96200 - Moved by Fox, seconded by Wright that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Rampart Corporation in the amount of $154,282.00 in conjunction with F.Y. 1991 Independence Avenue Area Storm Sewer Improvements - Phase 3, Contract No. 393, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-476. August 13, 1990 Page 5 Documents - continued 96201 - Moved by Fox, seconded by Wright that communication from Assistant City Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Borwig Building Service in conjunction with F.Y. 1990 Sidewalk Repair Block Grant Program - Zone 1, Contract No. 386, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-477. 96202 - Moved by Fox, seconded by Wright that communication from Assistant City Engineer transmitting Maintenance Bond from Borwig Building Service for F.Y. 1990 Sidewalk Repair Block Grant Program - Zone 1, Contract No. 386, be received, placed on file and approved. Motion carried. 96203 - Mayor Pro Tem Brown announced that the time had arrived for discussion on the Pavement Management System. Kathy Oberle, 710 Forest Avenue, stated that the City did not need to have another study done to determine whether to fix its streets. She stated that if the Public Works Director could not make these determinations, the City should terminate his employment. Don Temeyer, Planning and Development Director, stated that the Pavement Management System will provide a systematic analysis and inventory of the existing street infrastructure and provide a computer software package to continually update this information. It will provide information to the Mayor and City Council in determining the streets most in need of repair and where the dollars to repair would be spent most efficiently. It will also schedule work crews according to availability of equipment, etc. Purchase of the system will be derived from refunds received from state sales tax paid back to the City on Interstate Substitution Projects. Ms. Oberle stated that the City seems to think that the implementation of a local option sales tax is the answer to everything. She stated that the taxpayers in Waterloo have "had it" and that road use tax funding is also drying up. She also stated that the Solid Waste Commission recently reported that they will be increasing tipping fees. The taxpayer is tired of all of these increases. Councilperson Buck stated that it was not necessary for Ms. Oberle to conduct "character assassinations" of City staff. He indicated that the management system will allow the Mayor and City Council to make the decision on what streets should be repaired. Councilperson Fox supported the management system indicating that the Public Works Committee had carefully reviewed the contract and had been working on this issue several months. He reported that the system would greatly enhance the efficiency and use of City dollars for street repairs. Ms. Oberle stated that the money used for the study could better be used on street repairs. Councilperson Wright supported the management system. Cullen Crawford, 601 Logan Avenue, stated that there have been no street repairs on Hawver Court between John Street and Newell Street as he had earlier requested. It was reported that without storm sewers in the area, little could be done, and that the water problem needs to be addressed with a full paving project which would include storm sewer improvements. August 13, 1990 Page 6 Documents - continued Moved by Buck, seconded by Fox that communication from City Planner transmitting contract with Carter and Associate for a pavement management system, together with recommendation of approval of Public Works Committee, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-478. RESOLUTIONS TO BE ADOPTED 96204 - Moved by Fox, seconded by Wright that "Resolution approving the preparation and submission of an application for rental rehabilitation assistance to the State of Iowa for federal assistance under Section 17 of the United States Housing Act of 1937 (7th Year Rental Rehabilitation Program)", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-479. 96205 - Moved by Fox, seconded by Wright that "Resolution eliminating parking space located between entrance and exit driveways of People's Bank & Trust into Commercial Street parking lot and establishing ten 10 -hour parking stalls on Lafayette Street between 3rd Street and Park Avenue", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-480. ORDINANCES TO BE ADOPTED 96206 - Moved by Fox, seconded by Budak that "an Ordinance regulating fire alarms, alarm businesses, alarm agents and alarm users", be received, placed on file, considered and passed for the third time. Ayes: Five. Absent: Dell, Angel. Motion carried. 96207 - Moved by Budak, seconded by Wright that "an Ordinance regulating fire alarms, alarm businesses, alarm agents and alarm users", be adopted. Ayes: Five. Absent: Dell, Angel. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3734. 96208 - Moved by Budak, seconded by Wright that "an Ordinance vacating the sidewalk adjoining property at 930 Kingsley Avenue --Irene Moody", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Angel. Motion carried. BILLS PAYMENT 96209 - Moved by Buck, seconded by Wright that "Resolution approving Schedule A918, pp. 1-63, in the amount of $2,299,906.73, dated August 13, 1990, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-481. NEW BUSINESS 96210 - Moved by Fox, seconded by Buck that "Preliminary conjunction with Contract No. 399", Resolution adopted Resolution for the construction of sidewalk improvements in F.Y. 1991 Sidewalk Repair Assessment Program - Zone 2, be adopted. Ayes: Five. Absent: Dell, Angel. and upon approval by Mayor Pro Tem assigned No. 1990-482. August 13, 1990 Page 7 New Business - continued 96211 - Moved by Fox, seconded by Buck that "Resolution fixing value of lots in conjunction with F.Y. 1991 Sidewalk Repair Assessment Program - Zone 2, Contract No. 399", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-483. 96212 - Moved by Fox, seconded by Buck that "Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications for the F,Y. 1991 Sidewalk Repair Assessment Program - Zone 2, Contract No. 399", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-484. 96213 - Moved by Fox, seconded by Buck that "Resolution of Necessity (Proposed) setting date of hearing as September 4, 1990, at 7:00 p.m. in the City Hall Council Chambers on proposed assessments for the F.Y. 1991 Sidewalk Repair Assessment Program - Zone 2, Contract No. 399", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-485. 96214 - Moved by Fox, seconded by Buck to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1990 Rehabilitation Paving Program, Contract No. 353, be received and placed on file. Motion carried. 96215 - Moved by Fox, seconded by Buck that plans, specifications, form of contract, etc., for the F.Y. 1990 Rehabilitation Paving Program, Contract No. 353, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-486. 96216 - Moved by Fox, seconded by Buck that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 27, 1990 at 7:00 p.m. in the City Hall Council Chambers for the F.Y. 1990 Rehabilitation Paving Program, Contract No. 353", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-487. 96217 - Moved by Fox, seconded by Buck that communication from Director of Parks and Forestry transmitting recommendation of appointment of Harris Ceaser to the position of Park Maintenance I effective August 20, 1990, be received, placed on file and approved. Motion carried. 96218 - Moved by Fox, seconded by Buck that communication from Building Official transmitting recommendation of appointment of Gail Briddle to the position of Secretary II in the Building Department, be received, placed on file and approved. Motion carried. August 13, 1990 Page 8 Travel Request 96219 - Moved by Buck, seconded by Fox that the following travel request with expenses not to exceed amount shown, be received, placed on file and approved: 1. Bernal Koehrsen, Police Chief, to attend International Association of Chief of Police in Tulsa, Oklahoma, on October 6-11, 1990, with costs not to exceed $741.00. Motion carried. MISCELLANEOUS 96220 - Moved by Buck, seconded by Fox that the following beer and liquor license permit applications, be received, placed on file and approved and the endorsed applications forwarded to the Iowa Beer & Liquor Control Department and application for temporary beer garden, be received, placed on file and approved: 1. Beer License Permit Application Class C National Dairy Cattle Congress, 300 Rainbow Drive (Renewal) (Expires 9/19/91) (Includes Sunday Sales) Up Downtowners of Waterloo, Inc., 300 East 4th Street (New) (5 days --August 25, 1990) 2. Beer & Liquor License Permit Application Class C 4th Street Station, 3251 West Fourth Street (Renewal) (Expires 8/31/91) Waterloo Greyhound Park, 3250 Greyhound Drive (Renewal) (Expires 9/25/91) (Includes Sunday Sales) 3. Beer and Wine License Permit Application Class E County Market, 1411 Flammang Drive (Renewal) (Expires 8/26/91) (Includes Sunday Sales) Application for Temporary Beer Garden Updowntowners of Waterloo, Inc., 300 East 4th Street (1 day --August 25, 1990) Motion carried. BONDS 96221 - Moved by Buck, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through August 13, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 96222 - Bob Lehman, 1424 Rainbow Drive, thanked the City for the recent overlay of Rainbow Drive; however, the street is now experiencing considerable problems with speeding cars and truck traffic. He asked that additional policing be implemented to address the truck traffic problem. This definitely would prolong the life of the street. Councilperson Brown thanked Mr. Lehman for his comments concerning the street repair. Chief Koehrsen responded by indicating that police officers will try to address the speeding problem as best as they can within the existing manpower constraints of the department. L.C. Hennessey, 218 South Street, thanked the Operation Pride crews for recently cutting weeds in the 218 Corridor. This has helped the area greatly. 1 August 13, 1990 Page 9 Oral Presentations - continued Willie Smith, 2260 Ashland Drive, asked that more attention be given to street repairs in the area generally located west of Highway 63, north of Donald Street and east of Burton Avenue. He reported that few improvements have been made to either Fairview, Ashland or Avon. He also indicated that he would like to see the Neighborhood Watch Program implemented in his neighborhood. Chief Koehrsen stated that the Neighborhood Watch Program is the responsibility of Lieutenant Bob Greenlee, who can be reached at the Police Department during the day. Al Manning, 919 Fairview Avenue, commended the Police Department for their action this past weekend in the 500 block of Riehl Street. He also reported that the Police Department's action during the same day concerning a drowning victim on Keystone Street was handled very smoothly. He thanked the Police Department for the professional manner in which they handled these back-to-back incidents. Mr. Manning also asked who is responsible for the removal of weeds near the intersection of Parker and Broadway Streets. This item was referred to the Park Department for resolution. Mayor Pro Tem Brown introduced Steve McCall as Mike Edwards' replacement from KWLO radio. Mike will be leaving employment with the radio station to begin his Masters Degree at the University of Northern Iowa. Willie Smith, 2260 Ashland Avenue, asked for an update on the demolition of the Rath site buildings. Assistant Community Development Director Mark Boesen informed him that the public is welcomed to attend Community Development Board meetings for demolition schedules and future plans for the site. Moved by Buck, seconded by Wright that the above oral comments be received and placed on file and that the Council adjourn. Motion carried. Michelle Temeyer Deputy Clerk/Auditor