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HomeMy WebLinkAbout07/23/90July 23, 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 July 23, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Brown. Absent: Dell. Invocation by: Councilperson Bob Brown Pledge of Allegiance: Jim Lindsey, Community Development Administrator 96096 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on July 23, 1990, at 7:00 p.m., and the Minutes of the Special Session on July 12, 1990, at 11:00 a.m. and the Regular Session on July 16, 1990, at 7:00 p.m., be accepted and approved. Motion carried. UNFINISHED BUSINESS 96097 - Moved by Brown, seconded by Angel that communication from Transportation Program Manager transmitting recommendation of award of contract to Cedar Valley Corporation of Waterloo, Iowa, in the amount of $185,253.46 for the F.Y. 1990 Broadway & Conger Traffic Safety Improvement, Contract No. 394, be received, placed on file and "Resolution approving said contract", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-428. PETITIONS FROM PUBLIC 96098 - Moved by Wright, seconded by Budak that communication from City Planner transmitting request of Jeff Isaacs to amend City Zoning Ordinance No. 2479, as amended, to include a recording studio as a permitted use in a "R-4" Multiple Family Residence District, together with the recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 13, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-429. 96099 - Moved by Wright, seconded by Budak that communication from City Planner transmitting request of Robert Van Nevele and other adjoining property owners to vacate, sell and convey the unimproved portion of Ogden Avenue between Dearborn Avenue and Cottage Grove Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 13, 1990 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-430. 96100 - Moved by Wright, seconded by Budak that communication from City Planner transmitting 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, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 13, 1990 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-431. July 23, 1990 Page 2 Petitions from Public - continued 96101 - Moved by Wright, seconded by Budak that communication from City Planner transmitting request of Irene Moody to vacate the sidewalk adjoining property at 930 Kingsley Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 6, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-432. REPORTS 96102 - Mayor McKinley reported that the Operation Clean House Task Force has presented a policy proposal concerning the demolition process in areas of redevelopment. It was the Mayor's recommendation that this document be referred to the Task Force and the City Attorney's office to assure due process of the rights of the property owners in the property transfer chain. Moved by Angel, seconded by Brown that communication from Chairperson of the Operation Clean House Task Force transmitting proposed Operation Clean House Task Force Policy, be received and placed on file. Motion carried. DOCUMENTS 96103 - Moved by Fox, seconded by Buck that communication from Assistant City Engineer transmitting Change Order No. 2 with Borwig Building Service in conjunction with F.Y. 1990 Sidewalk Repair Block Grant Program, Contract No. 386, for a net increase of $5,981.45, together with recommendation of approval, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 96104 - Moved by Fox, seconded by Buck that communication from Assistant City Engineer transmitting Change Order No. 1 with Park Lane Construction & Development in conjunction with F.Y. 1990 Salt Storage Building, Contract No. 381, for a net decrease of $270.00, together with recommendation of approval, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 96105 - Moved by Fox, seconded by Buck that the 28E Agreement with Elk Run Heights for fire, ambulance and hazardous materials cleanup, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-433. 96106 - Moved by Fox, seconded by Buck that communication from Transportation Program Manager transmitting the Contracts, Bonds and Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa, in the amount of $185,253.46 in conjunction with F.Y. 1990 Broadway & Conger Traffic Safety Improvement Project, Contract No. 394, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-434. July 23, 1990 Documents - continued 96107 - Moved by Fox, seconded by Buck Page 3 that communication from City Planner transmitting Preliminary Plat of Regency Estates, together with 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 Preliminary Plat", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-435. 96108 - Moved by Fox, seconded by Buck that communication from Transportation Program Manager transmitting Notice -to -Proceed Agreement with Terracon Consultants NE, Inc. for material testing services in conjunction with F.Y. 1990 Broadway & Conger Traffic Safety Improvements, Contract No. 394, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-436. 96109 - Moved by Fox, seconded by Buck that communication from City Planner transmitting Capital Improvements Program for Fiscal Year 1991-1995, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-437. 96110 - Moved by Fox, seconded by Buck that communication from Planning and Development Director transmitting Change Order No. 1 with Jorgensen Construction in conjunction with the renovation of the Former East Side Library for a net increase of $6,455.90, together with recommendation of approval, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 96111 - Moved by Fox, seconded by Buck that communication from Transportation Program Manager transmitting agreement with the Iowa Department of Transportation for authorized and approved construction costs in conjunction with Sixth Street Extension - West, IX -6604(3)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-438. RESOLUTIONS TO BE ADOPTED 96112 - Kathy Oberle, 710 Forest Avenue, asked that the City provide an accounting of the funds and notify the public if any of the funds are not spent on the projects designated at the time of issuance. Larry P. Burger, Clerk/Auditor, stated that the bond proceeds are allocated to projects as approved by the City Council. Upon completion of the projects, any excess funds are authorized for transfer to other project accounts by resolution of the City Council. Moved by Buck, seconded by Wright that "Resolution authorizing and providing for the issuance of $5,250,000 General Obligation Bonds and levying a tax to pay said Bonds", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-439. July 23, 1990 Page 4 Resolutions to be Adopted - continued 96113 - Moved by Buck, seconded by Wright that "Resolution authorizing cancellation of certain unpaid sewer fees for property acquired by the Iowa Department of Transportation in conjunction with Relocated U.S. Highway 218", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-440. 96114 - Moved by Buck, seconded by Wright that "Resolution authorizing acquisition contract payment and accepting of deed for real property for Parcel No. 514 in conjunction with Mullan Avenue/Alley Interconnect Project from Gary F. Laneville and Constantine J. Myrsiades in the amount of $39,500", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-441. 96115 - Moved by Buck, seconded by Wright that "Resolution setting date of hearing as August 20, 1990, at 7:00 p.m. in the City Hall Council Chambers, on F.Y. 1991 Operating Budget Amendments", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-442. 96116 - Moved by Buck, seconded by Wright that "Resolution setting date of hearing as August 20, 1990, at 7:00 p.m. in the City Hall Council Chambers on sale and removal of various residential structures in conjunction with the Interstate Transportation Program", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-443. 96117 - Moved by Buck, seconded by Wright that communication from City Engineer transmitting recommendation of payment of additional costs in the amount of $4,769.21 due to increased project quantities for George Wyth Park Road, IX -218-7(70)--3P-07, be received, placed on file and approved. Motion carried. 96118 - Moved by Buck, seconded by Wright that "Resolution setting date of hearing as August 20, 1990, at 7:00 p.m. in the City Hall Council Chambers on the sale and conveyance of various structures and property (1018 Janney Avenue and 1023 Ansborough Avenue) in conjunction with the Interstate Transportation Program", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-444. ORDINANCES TO BE ADOPTED 96119 - The Mayor announced that the time had arrived for discussion on the third reading of an ordinance amending Ordinance No. 2479, as amended, for property located along the Kimball Avenue frontage road, north of McDonalds on Brookeridge Drive from "R-4" Multiple Family Residential District to "C -Z" Conditional Zoning requested by Charles Granger. Bob Stevenson, City Planner, reported that Charles Granger had submitted a letter requesting a 40 square foot signage for the pylon sign and building face signs. This would exceed the site plan approved by the Planning, Programming and Zoning Commission of 30 square feet. An "R-4" zoning classification allows for 1 square foot of signage for every 5 feet of frontage. July 23, 1990 Ordinances to be Adopted - continued Moved by Brown, seconded by None Page 5 that the site plan request of Charles Granger for property located on Kimball Avenue frontage road, north of McDonalds Restaurant on Brookeridge Drive be allowed a 40 square foot sign post and a 120 square foot sign on the face of the buildings. The motion died for a lack of a second. 96120 - Moved by Brown, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 27 to Section 2A -7N, Conditional Zoning Certain Property (request of Chuck Granger c/o Kimball Corporation to rezone from "R-4" Multiple Family Residential District to "C -Z" Conditional Zoning property located along the Kimball Avenue frontage road)", be received, placed on file, considered and passed for the third time and signage be allowed at 30 square foot for a pole sign, as approved by the Planning, Programming and Zoning Commission and as indicated on the site plan of the applicant. Ayes: Six. Absent: Dell. Motion carried. 96121 - Moved by Buck, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 27 to Section 2A -7N, Conditional Zoning Certain Property (request of Chuck Granger c/o Kimball Corporation to rezone from "R-4" Multiple Family Residential District to "C -Z" Conditional Zoning property located along the Kimball Avenue frontage road)", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3730. 96122 - The Mayor announced that the time had arrived for discussion on the third reading of an ordinance vacating an utility easement from the northerly line of Mitchell Avenue to approximately 430 feet north for Vic Fuller Salvage & Wrecking Company. Bob Stevenson, City Planner, reported that staff had met with the Fullers to discuss the vacation request and particularly the semi truck traffic entering and leaving the location. Discussion was heard on placement of a gate on the northerly portion of the property with trucks then utilizing Birmingham Avenue to the north. If access were restricted to Mitchell Avenue only, it would create a situation where drivers would be required to back onto Mitchell Avenue, which is an arterial street due to the configuration of the equipment within the salvage yard. Kathy Oberle, 710 Forest Avenue, stated that it was a cardinal rule of semi truck driving that semis not be allowed to back into areas if they cannot see. Moved by Budak, seconded by Brown that "an Ordinance vacating an utility easement from the northerly line of Mitchell Avenue to approximately 430 feet north --Vic Fuller Salvage & Wrecking Company", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Dell. Motion carried. 96123 - Moved by Fox, seconded by Buck that "an Ordinance vacating an utility easement from the northerly line of Mitchell Avenue to approximately 430 feet north --Vic Fuller Salvage & Wrecking Company", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3731. July 23, 1990 Page 6 Ordinances to be Adopted - continued 96124 - Moved by Wright, seconded by Budak that "an Ordinance vacating a portion of Birmingham Avenue located 430 feet north of Mitchell Avenue (approximately 80 feet in length) --Vic Fuller Salvage & Wrecking Company)", be received, placed on file, considered and passed for the third time and that a gate be constructed on the northerly portion of the property to allow for traffic in and out of the site. Ayes: Five. Nays: Angel. Absent: Dell. Motion carried. 96125 - Moved by Buck, seconded by Brown that "an Ordinance vacating a portion of Birmingham Avenue located 430 feet north of Mitchell Avenue (approximately 80 feet in length) --Vic Fuller Salvage & Wrecking Company)", be adopted. Ayes: Five. Nays: Angel. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3732. 96126 - Moved by Fox, seconded by Brown that "Resolution authorizing sale and conveyance of a portion of Birmingham Avenue located 430 feet north of Mitchell Avenue (approximately 80 feet in length) to Vic Fuller Salvage & Wrecking Company" be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Five. Nays: Angel. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-445. 96127 - Mel Smelser, 2232 Temple Avenue, asked whether the City would accept the 1,000 gallons of oil that the Fullers said they would donate for oiling of streets in the area (see CR 96080). He asked that the Public Works Committee review the request of neighborhood residents to oil the streets. John Meyer, Public Works Director, stated that he was unsure whether the oil being donated would be appropriate without testing in a laboratory at an approximate cost of several hundred dollars. It was suggested that the money received from the Fullers on the purchase of the land be utilized for the oil testing to determine its feasibility for use in the area. 96128 - Louis Cutwright, Building Official, stated that the proposed changes to the Plumbing Ordinance would increase the application fee for a journeyman plumber's exam from $10 to $50 per applicant and the master plumber's fee from $50 to $75. The ordinance would also add a second testing period during the third quarter of the year. Currently, a single test is held during the first three months of the year. Moved by Angel, seconded by Wright that "an ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Subsections (a) and (b) to Section 30-1, Certain Sections and Articles Saved from Repeal, of Chapter 30, Plumbing (plumber's examination and fees)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 96129 - Moved by Brown, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Dell. Motion carried. 96130 - Moved by Buck, seconded by Brown that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Dell. Motion carried. July 23, 1990 Ordinances to be Adopted - continued 96131 - Moved by Budak, seconded by Wright Page 7 that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Subsections (a) and (b) to Section 30-1, Certain Sections and Articles Saved from Repeal, of Chapter 30, Plumbing (plumbers examination and fees)", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3733. 96132 - The Mayor announced that the time had arrived for discussion on an ordinance regulating fire alarms, alarm businesses, alarm agents and alarm users. Assistant Fire Chief Frank Magasmen presented the ordinance changes. He stated that the Fire Alarm. Ordinance is patterned much like the Police Department ordinance that has been in place for several years. A representative from Hawkeye Alarm stated that they were very willing to work with the City on implementation of the ordinance but recommended that the City collect the fees and not the alarm companies from the fire alarm users since it is a City fee. Mike Olson, representing All City Alarm, also expressed similar feelings. After discussion, it was recommended that personnel from the Fire and Police Departments meet with the fire alarm companies together with the Clerk/Auditor to determine the methodology to be used in the billing process. A report from the committee will be presented to the Council prior to the second reading. Moved by Budak, seconded by Fox that "an Ordinance regulating fire alarms, alarm businesses, alarm agents and alarm users", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. BILLS PAYMENT 96133 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-66, in the amount of $864,533.59, dated July 23, 1990, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon by Mayor assigned No. 1990-446. NEW BUSINESS 96134 - Moved by Buck, seconded by Wright that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Rosie Peterson and Earl Spencer to the Historic Preservation Commission, effective immediately with term expiration date of April 7, 1992 and April 7, 1991, respectively, be received, placed on file and approved. Motion carried. Travel Requests 96135 - Moved by Buck, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Larry D. Hahn, Police Sergeant, to attend Cap -Stun Aerosol Subject Restraint Certification School in Olathe, Kansas, on August 26-27, 1990, with costs not to exceed $310.00, including the use of City vehicle. 2. Stephen Dwyer III, Police Lieutenant, and Eric Gunderson, Police Sergeant, to attend Law Enforcement Intelligence Network (LEIN) Annual Training Conference in Des Moines, Iowa, on August 27-29, 1990, with costs not to exceed $447.23, including the use of City vehicle. Motion carried. July 23, 1990 Page 8 MISCELLANEOUS 96136 - Moved by Buck, seconded by Wright that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer & Liquor Control Department and cigarette license license permit application, be received, placed on file and approved: 1. Beer License Permit Application Class C Jim's Lounge, 1406 Commercial Street (Renewal) (Expires 8/6/91) 2. Beer & Liquor License Permit Application Class C Bo's, 118 Commercial (Renewal) (Expires 8/9/91) (Includes Sunday Sales) Cigarette License Permit Application One (1) Motion carried. BONDS 96137 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through July 23, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 96138 - Al Manning, 919 Fairview Avenue, supported the proposed ordinance which would stagger the terms of City Council Members. In addition, he supported the primary system of election of City Councilpersons. He stated that this would provide citizens with an opportunity to know the candidates and the issues. Councilperson Buck stated that a City Primary would be a waste of time, noting that in many of the council races, the candidates are uncontested and many times with no more than two candidates running for a position. Councilperson Angel also indicated that it would be much more expensive for candidates to run for City Council and may prohibit some persons from being able to raise the necessary funds for a primary and subsequent election. Councilperson Buck stated that recent comments at a City Council meeting concerning the lack of toilet facilities at Byrnes Park had sparked his interest in finding out when facilities would be constructed. Rick Tagtow, Director of Parks and Forestry, stated that the Fiscal Year 1991 Budget includes funds for construction of a restroom facility at Byrnes Park. Councilperson Buck also complimented the Park Department for the beautiful flowers and foliage that dot numerous City parks. Vonnie Jackson, 1838 Howard Avenue, questioned whether the Vicker Station, 910 Washington Street, was being closed and purchased by the Iowa Department of Transportation for Relocated U.S. Highway 218. City staff stated that they have no knowledge of this purchase at the current time. Jim O'Reagan thanked members of the public for supporting the Soul Stroll, which occurred on Saturday, July 21, 1990. The feeling emanating from the Stroll was one of confidence and togetherness. Moved by Buck, seconded by Brown that the above oral comments be received, placed on file and the City Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor