HomeMy WebLinkAbout07/16/90July 16, 1990
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The Council of the City of Waterloo, Iowa,on 16,R1990ar Mayor Bernardr Session at ty L.HMcKinleycin
Chambers, Waterloo, Iowa, at 7:00 p.m., July
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Mayor Bernie McKinley
Pledge
of Allegiance: Eric Thorson, City Engineer
96062 - Moved by Buck, seconded by Wright
that the Agenda, as proposed, for the Regular Session on July 16, 1990, at 7:00
p.m., and the Minutes of the Regular Session on July 9, 1990, at 7:00 p.m., be
accepted and approved. Motion carried.
96063 - Former Police Captain Don Kehoe and
presented with their duty weapons
Koehrsen thanked both officers for
to the Department. Each of the
commitment to the cause.
former Police Sergeant Craig Penrose were
by Police Chief Bernie Koehrsen. Chief
their many years of service and dedication
officer's wife was recognized for her
HEARINGS AND BIDS
96064 - Moved by Angel, seconded by Wright
that proof of publication of notice of public hearing on plans, specifications,
etc., on the F.Y. 1990 Broadway and Conger Traffic Safety Improvements Project,
Contract No. 394, as published in the Waterloo Courier on July 5, 1990, be
received and placed on file. Motion carried.
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 Angel
that "Resolution confirming the approval of plans, specifications, form of
contract, etc., in conjunction with said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-418A.
96066 - Moved by Dell, seconded by Fox
to receive, file and instruct Deputy Clerk/Auditor to open and read bids and
refer to Transportation Program Manager for review and recommendation (award of
contract delayed for one week):
96065 -
96067 -
96068 -
Bidder
Cedar Valley Corporation, Waterloo, IA
Rampart Corporation, Waterloo, IA
Bid Bond
5%
5%
Bid Amount
$185,253.46
$190,152.55
Motion carried.
HEARINGS
Moved by Dell, seconded by Angel
that proof of publication of notice of public hearing on removal of traffic
signals at the intersection of West Third Street and Locust Street, as
published in the Waterloo Courier on July 5, 1990, be received and placed on
file. Motion carried.
HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Bob Stevenson, City Planner, stated that there have been no comments received
on the removal of said traffic signals. It currently does not meet any of the
11 traffic warrants for the signal to remain. West Third Street will be the
thru street with stop signs to be placed on Locust Street.
July 16, 1990
Hearings - continued
Moved by Brown, seconded by Dell
that "an Ordinance amending the
the intersection of West Third
stop signs on Locust Street",
passed for the first time. Ayes
96069 - Moved by Buck, seconded by Brown
Page 2
1988 Traffic Code to remove traffic signals at
Street and Locust Street and install two-way
be received, placed on file, considered and
Seven. Motion carried.
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
96070 - Moved by Fox, seconded by Dell
that the following ordinance be recorded as having
for the second and third times and now placed on
Seven. Motion carried.
96071 - Moved by Angel, seconded by Wright
that "an Ordinance amending the 1988 Traffic Code to remove traffic signals at
the intersection of West Third Street and Locust Street and install two-way
stop signs on Locust Street", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3728.
REPORTS
96072 - Moved by Buck, seconded by Wright
that the Housing Authority Ridgeway Towers and Section 8 Waterloo Housing
Certificate Program --July 1990, be received and placed on file. Motion
carried.
been considered and passed
its final adoption. Ayes:
DOCUMENTS
96073 - In response to a question from Councilperson Dell, Fire Chief Stan Stapella
reported that two firefighters are currently certified as scuba divers and
assist the Department when necessary.
Moved by Budak, seconded by Brown
that the Indemnity Agreement for scuba divers to use the Mitchell Avenue
sandpits on September 7, 8 and 9, 1990, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor and Deputy
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-419.
96074 - Moved by Budak, 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 $1,417,000.00, for the F.Y. 1990 Water
Pollution Control Plant Improvements, Phase 1, Step 2, Immediate Clarifier &
Pumping Station, Contract No. 387, be received, placed on file and "Resolution
approving said documents", be adopted and Mayor and Deputy Clerk/Auditor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-420.
96075 - Moved by Budak, seconded by Brown
that communication from Transportation Program Manager transmitting Appraisal
Contract with Al Little in the amount of $780.00 in conjunction with
University/Mullan Avenue Gateway Project, together with recommendation of
approval, be received, placed on file and "Resolution approving said contract",
be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same.
Ayes: Seven.
Resolution adopte%.,and upon approval by Mayor assn ed No. 1990-421.
July 16, 1990 Page 3
Documents - continued
96076 - Moved by Budak, seconded by Brown
that communication from Assistant City Engineer transmitting Change Order No. 1
for work to be performed by Borwig Building Service in conjunction with F.Y.
1990 Sidewalk Repair Block Grant Program - Zone 1, Contract No. 386, for an
increase of $971.00, together with recommendation of approval, be received,
placed on file and approved and Mayor and Deputy Clerk/Auditor authorized to
execute same. Motion carried.
RESOLUTIONS TO BE ADOPTED
96077 - Moved by Fox, seconded by Angel
that "Resolution approving a storm sewer easement for property located at the
corner of Lot 5 of Pinnacle Place First Addition", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-422.
96078 - Moved by Fox, seconded by Angel
that "Resolution setting date of hearing as August 6, 1990, at 7:00 p.m. in the
City Hall Council Chambers on the sale and conveyance of property generally
located adjacent to the John Deere Community Credit Union and Highway 63
consisting of 13,212 square feet", be adopted and Deputy Clerk/Auditor
instructed to publish notice of hearing of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-423.
ORDINANCES TO BE ADOPTED
96079 - The Mayor announced that the time had arrived for discussion on the rezoning
request of Chuck Granger for property located along the Kimball Avenue frontage
road, north of McDonalds Restaurant on Brookeridge Drive from "R-4" Multiple
Family Residential District to "C -Z" Conditional Zoning.
The Deputy Clerk announced that a petition of objection had been received from
Mrs. Freda Willhite, 828 Lisa Drive.
Councilperson Budak asked whether the concerns of the neighborhood heard at
last Monday evening's Council meeting have been addressed.
Moved by Dell, seconded by Brown
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 Residence District to "C -Z" Conditional Zoning
property located along the Kimball Avenue frontage road)", be received, placed
on file, considered and passed for the second time.
Prior to a vote on this motion, the following comments were heard.
Chuck Granger, rezoning applicant, stated that since the public hearing the
following issues have been addressed. A fence will be constructed on the west
side of McDonalds to address the liter problem. The property in question is
already required by the ordinance to be fenced in. He stated that they are
still working on the after -hour noise problems and will continue to do so. He
indicated that the proposed site has been cleaned up and mowed. He expressed
their willingness to be a good neighbor to the residential properties to the
west. He indicated that although the traffic problems are a big concern, they
cannot solve them without the support of the City.
A proposed traffic signal at the intersection of Kimball Avenue and Brookeridge
Drive was discussed. Bob Stevenson, City Planner, indicated that at such time
as the light is warranted, a light cou.d be installed.
July 16, 1990 Page 4
Ordinances to be Adopted - continued
Councilperson Dell asked adjoining neighbors, including Kathy Breckunitch, 925
Lisa Drive, to comment on the statements made by Mr. Granger addressing the
problems of the neighborhood. She reported that the fencing would greatly help
the liter situation and encouraged planting of landscaping material in
conjunction with the fence. Mr. Granger reported that the site has many large
trees, many of which will remain after the construction.
Ms. Breckunitch asked what the "conditions" of the rezoning will be. Bob
Stevenson, City Planner, stated that the site plan indicates 54 parking spaces,
the construction of a solid fence, one pole sign and five fronts within the
complex. He also reported that the conditional zoning would allow "C-1"
Commercial District uses within the area. Mr. Granger stated that the
application does state that they would not allow gasoline stations, convenience
stores, adult book stores or car wash facilities.
In response to a question from Councilperson Wright, Mr. Granger reported that
the five store areas could expect to employ approximately 30 to 40 people,
including many teenagers. He stated that many times convenience stores employ
teens living in proximity of the store.
Marvin Weber, 318 Olympic Drive, asked if this rezoning would be precedent
setting and allow the vacant lot to the north to be rezoned for a restaurant.
Mayor McKinley explained that the vacant lot to the north had been considered
for commercial zoning but had been rejected by the City Council. Mr. Weber
also inquired whether the petition filed by Ms. Breckunitch on July 9 (CR
96016) had any legal effect. The Mayor noted that the objections received were
not within a 250 foot radius of the site and therefore could not be counted
legally as objections but could be considered by the Council in its decision.
He also inquired about the date of the traffic count at the corner of Kimball
Avenue and Brookeridge Drive and whether it had been done while school was in
session. Bob Stevenson, City Planner, reported that the count had been done in
May but does not yet meet any of the 11 warrants to substantiate a signal at
this location. Mr. Weber stated his opposition to the rezoning and suggested
that the City consider putting in another curb cut between Brookeridge Drive
and Rachael Street to eliminate the traffic problem at the Brookeridge
intersection. It was noted that another curb cut would only add to the
conflict in the area.
Councilperson Angel expressed her positive feelings of the willingness of the
applicant to cooperate with the neighborhood.
A vote was taken on the above motion with the following result: Ayes: Seven.
Motion carried.
96080 - The Mayor announced that the time had arrived for discussion on the easement
vacation from the northerly line of Mitchell Avenue to approximately 430 feet
north requested by Vic Fuller Salvage & Wrecking Company.
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 received, placed on file, considered and passed for the second
time. Prior to a vote on this motion, the following discussion was heard.
Mel Smelser, 2232 Temple Avenue, reported that only one Councilperson had
surveyed the area since the July 9 Council meeting. He stated that in the
spirit of compromise, he encouraged the Council to vacate the proposed easement
with the stipulation that street improvements be made on Hawthorne Street,
LaPorte Road and Birmingham Avenue. In response to a question from
Councilperson Budak, Mr. Smelser stated that the neighborhood is requesting
oiled streets, including a proper crainage mechanism. He stated that property
owners adjacent to Temple Avenue had contracted with a private contractor, who
has done a much better job of oiling the streets than the City does with its
oiling program. Mayor McKinley responded by stating that the City has in the
past only oiled streets at the request pf the property owners. All oiling is
assessed to the adjacent property and by honoring the request of Mr. Smelser
and others, we would be changing prior p.`cedents. Councilperson Wright stated
that she also would favor assessments to adjacent property owners since other
streets in the community are in need of piling and the City has stated it will
not do so without an assessment program.
July 16, 1990
Ordinances to be Adopted - continued
Page 5
Mike Pedersen, attorney representing Vic Fuller Salvage & Wrecking Company,
stated that the Fullers have approximately 1100 gallons of oil on site that
they would be willing to donate to the City for the purpose of oiling streets
in the area. He also stated that he and his client would like to address the
access to the premises as a separate issue from the vacation issue. Although
the Planning, Programming and Zoning Commission is recommending that access to
the site be from Mitchell Avenue, he reported that the site has been set up to
gain access from Birmingham Avenue.
Bob Stevenson, City Planner, stated that the Planning Commission had made this
recommendation since Mitchell Avenue is an arterial street and is better suited
for handling truck traffic to and from the site.
Dick Grimm, Superintendent of Streets, stated that it would be a benefit to the
neighborhood to vacate Birmingham Avenue. He reported that City trucks no
longer use Birmingham Avenue on their way to and from the Pollution Control
Plant. Mr. Pedersen stated that the access issue was "tacked on" to the
vacation issue and needs further discussion.
The Mayor suggested that City staff and the Fullers meet to discuss access
issues.
In response to a question from Councilperson Angel, Mr. Stevenson reported that
a fence could be required around the vacated area and would be considered as a
part of the special permit process required of all salvage yards.
Jack Fuller stated that there may be a problem with semi trucks backing onto
Mitchell Avenue if access is restricted on Birmingham Avenue.
Councilperson Angel stated that she had surveyed the area but failed to find
any of the neighbors home when she was in the neighborhood.
A vote was taken on the above motion with the following result: Ayes: Seven.
Motion carried.
96081 - Moved by Buck, seconded by Fox
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
second time. Ayes: Seven. Motion carried.
96082 - Moved by Brown, seconded by Budak
that "an Ordinance amending the 1988 Traffic Code by amending Subsection (230)
Randolph Street to Section 551, Parking Prohibited At All Times on Certain
Streets (no parking on the north side of Randolph Street between West Mullan
Avenue and West Third Street)", be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
96083 - Moved by Fox, seconded by Brown
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
96084 - Moved by Budak, 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:
Seven. Motion carried.
96085 - Moved by Angel, seconded by Dell
that "an Ordinance amending the 1988 Traffic Code by amending Subsection (230)
Randolph Street to Section 551, Parking Prohibited At All Times on Certain
Streets (no parking on the north side of Randolph Street between West Mullan
Avenue and West Third Street)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3729.
July 16, 1990 Page 6
BILLS PAYMENT
96086 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-52, in the amount of
$1,852,170.57, copies of which are on file in the Clerk/Auditor's Office", be
adopted. Ayes: Six. Abstain: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-424.
NEW BUSINESS
96087 - Moved by Fox, seconded by Wright
to instruct City Engineer to prepare plans, specifications, form of contract,
etc., for the F.Y. 1991 Independence Avenue Area Storm Sewer Improvements -
Phase 3, Contract No. 393, be received and placed on file. Motion carried.
96088 - Moved by Fox, seconded by Wright
that plans, specifications, form of contract, etc., for the F.Y. 1991
Independence Avenue Area Storm Sewer Improvements - Phase 3, Contract No. 393,
be received, placed on file and "Resolution preliminarily approving the same",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-425.
96089 - Moved by Fox, seconded by Wright
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as August 6, 1990, at 7:00 p.m. in the City
Hall Council Chambers on the F.Y. 1991 Independence Avenue Area Storm Sewer
Improvements - Phase 3, Contract No. 393", be adopted and Deputy Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-426.
96090 - Moved by Fox, seconded by Wright
that communication from Transportation Program Manager transmitting the new
urban area boundary, together with recommendation of approval of INRCOG, be
received, placed on file and "Resolution approving said urban area boundary",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-427.
96091 - Moved by Fox, seconded by Wright
that communication from Mayor McKinley transmitting recommendation of
appointment of Kathleen Zmolek to the Metropolitan Transit Authority Board of
Directors, effective immediately with term expiration date of July 1, 1993, be
received, placed on file and approved. Motion carried.
Travel Requests
96092 - Moved by Brown, seconded by Wright
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Cora Turner, Assistant Personnel Director, to attend Iowa Public Employer
Labor Relations Association Meeting in Dubuque, Iowa, on July 19 and 20,
1990, with costs not to exceed $122.00.
Motion carried.
July 16, 1990
MISCELLANEOUS
96093 - Moved by Brown, seconded by Wright
Page 7
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 application for pawnbroker's and
secondhand good dealer's license, be received, placed on file and approved:
1. Beer License Permit Application
Class C
Kwik Trip #715, 1636 West 4th Street (Renewal) (Expires 7/21/91) (Includes
Sunday Sales)
Kwik Trip #723, 510 Conger Street (Renewal) (Expires 7/21/91) (Includes
Sunday Sales)
Kwik Trip #722, 1309 Lafayette Street (Renewal) (Expires 7/21/91)
(Includes Sunday Sales)
Kwik Trip #732, 352 Fletcher Avenue (Renewal) (Expires 7/21/91) (Includes
Sunday Sales)
Kwik Trip, #724, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/91)
(Includes Sunday Sales)
2. Beer & Liquor License Permit Application
Class C
Tony's Lounge, 120 Sumner Street (New) (Expires 7/16/91)
Application for Pawnbroker's and Secondhand Goods Dealer's License
Duees Pawn West, 2016 Blackhawk Street
Motion carried.
BONDS
96094 - Moved by Buck, seconded by Angel
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through July 16, 1990, be received, placed on file and report and
bonds approved. Motion carried.
ORAL PRESENTATIONS
96095 - Al Manning, 919 Fairview Avenue, questioned the police uniform bid that was
awarded by the City Finance Committee on July 9, 1990, to Palace Clothiers. He
stated that in speaking with Wertjes Uniforms and comparing prices between this
bidder and Palace Clothiers, in many instances Palace Clothiers was the higher
bidder. He indicated that had she known that the flying cross uniform was the
type that the Department desired, she would have bid these. Councilperson
Angel, Chairperson of the Finance Committee, and Councilperson Buck stated that
the reason for awarding to Palace was that they were the only bid that matched
the existing color and fabric of the Police Officers' uniforms. Councilperson
Angel also commented that the City encourages more than one bidder to allow for
competitive prices. She also indicated that Wertjes Uniforms should have
appeared before the Finance Committee to state their concerns. Chief Koehrsen
stated that stock was available within the Police Department for any of the
bidders to view. Councilperson Dell asked whether or not Mr. Manning was
hinting that Palace Clothiers always gets the bid and that City staff was
responsible for this action. Mr. Manning indicated that this was not the case
but only wished to clarify a situation that had been brought to his attention.
Chief Koehrsen reported that the "No Loitering Ordinance" that had been
discussed several weeks ago to control problems at the intersection of East
Fourth and Webster Streets has been found not to be warranted. In consultation
with the City Attorney's office, it was determined that such an ordinance is
constitutionally dangerous and that the special enforcement in the area has
adequately addressed the problems. He thanked the neighborhood for the
cooperation they have exhibited.
July 16, 1990
Page 8
Oral Presentations - continued
Bill Deeds, 2109 Regal Avenue, stated that several years ago the City promised
that Community Development Block Grant Funds would finance street improvements
in the Riverview area. Mr. Deeds stated that the City has now said that "it
cannot be done." Mayor McKinley stated that the area is eligible for Block
Grant Funds but due to the limited funds that are allocated to the City, not
all of the improvements that are necessary within the City can be completed.
Mr. Deeds stated that nothing has been done for street improvements in the area
and supported Mr. Smelser's request for oiling and grading of the streets in
the area.
Forest Dillavou, 1725 Huntington Road, asked when the City was considering the
sale of 1023 Ansborough Avenue. He expressed concern that City funds were
being expended on vacant property, particularly while it was being heated
during the winter months. He also indicated that the house is deteriorating
rapidly and asked that the City do something about it immediately. Bob
Stevenson, City Planner, stated that excess right-of-way along Ansborough
Avenue allowed for resubdivision of the land and placement of two houses on the
property. With the approval of the federal government, expenditures are
divided between the City and the federal government with the City paying 15
percent. In approximately 30 days, the City will be placing the property up
for sale with a minimum bid established.
Councilperson Brown asked that an update be given on the courtesy parking in
the 600 block of Sycamore Street. It was reported that the Public Works
Committee had reviewed the situation approximately one month ago, at which time
merchants were given one month to determine whether or not they wished to
continue the current parking situation. The Public Works Committee will be
reviewing the situation on July 23, 1990, at which time a final decision will
be rendered concerning the future of the parking within this block.
Councilperson Budak stated that the merging lane from Greenhill Road onto U.S.
Highway 218 eastbound does not allow adequate time to merge into the traffic.
Bob Stevenson, City Planner, reported that the increased traffic due to detours
may contribute to this unusual situation.
Al Manning, 919 Fairview Avenue, stated that the sign directing traffic to
downtown Waterloo is incorrectly placed near the Greenhill Road and U.S.
Highway 218 intersection.
Councilperson Angel inquired as to why there were no sidewalks on Ansborough
Avenue north of U.S. Highway 218 on the westerly portion of the street. Bob
Stevenson, City Planner, stated that the traffic model indicated that
pedestrian traffic could not safely move across the intersection of Ansborough
Avenue and U.S. Highway 218, and that the section of sidewalk on Ansborough
Avenue between U.S. Highway 218 and Downing may have been ill placed.
Pedestrian traffic will be directed from Ansborough Avenue across U.S. 218 at
Wallgate Avenue.
Moved by Buck, seconded by Wright
that the above oral presentations be received, placed on file and that the
Council adjourn. Motion carried.
Michelle Temeyer
Deputy Clerk/Auditor