HomeMy WebLinkAbout06/18/90June 18, 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 June 18, 1990. Mayor Pro Tem, Robert J.
Brown, in the Chair. Roll Call: Dell, Fox, Buck, Wright, Budak. Absent: Angel.
Invocation by: Councilperson Dell.
Pledge of Allegiance: Sang Ki Han.
95894 - Moved by Buck, seconded by Wright
that the Agenda, as proposed for the Regular Session on June 18, 1990, at 7:00
p.m., and the Minutes of the Regular Session on June 11, 1990, at 7:00 p.m.,
be accepted and approved. Motion carried.
Petitions from Public
95895 - Cindy Chamberlain, Chairman of the 1990 My Waterloo Days and representing the
My Waterloo Days steering committee, thanked the City for their involvement
with another successful My Waterloo Days event. She stated that without the
support of the City, the event would not be possible.
Moved by Fox, seconded by Budak
that communication from City Planner transmitting request of Mr. and Mrs.
David Aylsworth to vacate the easterly two foot platted utility easements
generally located along the west lot line of Lots 81 and 82 in Heartland Hills
Second 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 July 2, 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 Pro Tem assigned No. 1990-368.
95896 - Moved by Fox, seconded by Budak
that communication from City Planner transmitting request of Michael Galer to
vacate three feet of the eight foot platted utility easement generally located
along the south lot line of 1633 Golden Valley Drive, together with
recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as July 2,
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 Pro Tem assigned No. 1990-369.
95897 - Moved by Fox, seconded by Budak
that communication from City Planner transmitting request of Bertch Wood
Specialities, Inc. to vacate the twenty foot platted utility easement
generally located north -south in Airline -Burton Industrial Park, together with
recommendation of approval of the Planning, Programming & Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as July 2,
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 Pro Tem assigned No. 1990-370.
95898 - Moved by Fox, seconded by Budak
that communication from City Planner transmitting request of Curt Hill to
vacate the five feet of the eight foot platted utility easement generally
located along the east lot line of 1215 Maxine 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 July 2,
Page 2 June 18, 1990
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 Pro Tem assigned No. 1990-371.
95899 - Moved by Fox, seconded by Budak.
that communication from City Planner transmitting request of Nick Courbat and
Darrel Chevalier to rezone from "A-1" Agricultural District to "R-1" One and
Two Family Residence District property generally located 500 feet south of the
intersection of Eldora and Acker Roads, together with recommendation of denial
of the Planning, Programming and Zoning Commission, be received, placed on
file and "Resolution setting date of hearing as July 9, 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 Pro Tem assigned No. 1990-372.
95900 - Moved by Fox, seconded by Budak
that communication from City Planner transmitting request of Gary Eilers to
rezone from "R-2" One and Two Family Residence District to "M-2" Heavy
Industrial District property generally located at the northeast corner of
Columbia Street and Litchfield Avenue, together with recommendation of denial
of the Planning, Programming and Zoning Commission, be received, placed on
file and "Resolution setting date of hearing as July 9, 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 Pro Tem assigned No. 1990-373.
95901 - Moved by Fox, seconded by Budak
that communication from City Planner transmitting request of George Johnson,
Jr. to rezone from "R-3" Multiple Family Residential District to "C -Z"
Conditional Zoning property generally located 100 feet north of the
intersection of West Mullan Avenue and Belmont Avenue, be received, placed on
file and "Resolution setting date of hearing as July 9, 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 Pro Tem assigned No. 1990-374.
95902 - Moved by Fox, seconded by Budak
that communication from City Planner transmitting request of Charles Granger
to rezone from "R-4" Multiple Family Residential District to "C -Z" Conditional
Zoning property generally located along the Kimball Avenue frontage road
approximately 295 feet north of Brookeridge Drive, be received, placed on file
and "Resolution setting date of hearing as July 9, 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 Pro Tem assigned No. 1990-375.
95903 - Moved by Fox, seconded by Budak
that communication from City Engineer transmitting request of Lyle D. Reed for
temporary concrete driveway to be located at 115 Sheridan Road, together with
recommendation of approval, be received, placed on file and "Resolution
approving same", be adopted. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-376.
Page 3
Reports
June 18, 1990
95904 - Moved by Wright, seconded by Buck
that the Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo
Housing Certificate Program --June 1990, be received and placed on file.
Motion carried.
Documents
95905 - Moved by Buck, seconded by Dell
that communication from City Engineer transmitting Contracts, Bonds and
Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa, in
the amount of $49,118.02, be received, placed on file and "Resolution
approving said contract", be adopted and Mayor Pro Tem and City Clerk/Auditor
authorized to execute same. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-377.
95906 - Moved by Buck, seconded by Dell
that communication from City Engineer transmitting construction plans for
paving and storm sewer for Audubon Park Fourth Addition, together with
recommendation of approval, be received and placed on file. Motion carried.
95907 - Moved by Buck, seconded by Dell
that communication from City Engineer transmitting construction plans for
paving and storm sewer for Pinnacle Place First Addition, together with
recommendation of approval, be received and placed on file. Motion carried.
95908 - Moved by Buck, seconded by Dell
that communication from Transportation Program Manger transmitting
recommendation of award of Asbestos Removal Contract E -90(A) to Advanced
Technologies in the amount of $19,930.00, be received, placed on file and
"Resolution approving said contact", be adopted and Mayor Pro Tem and
Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-378.
95909 - Moved by Buck, seconded by Dell
that communication from Transportation Program Manager transmitting
recommendation of award of Demolition Contract B -90(D) to Lawless Trucking and
Excavating in -the amount of $17,000.00 in conjunction with Sixth Street,
Extension, IX -6604(2)--79-07, be received, placed on file and "Resolution
approving said contract", be adopted and Mayor Pro Tem and Clerk/Auditor
authorized to execute same. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-379.
95910 - Moved by Buck, seconded by Dell
that communication from Transportation Program Manager transmitting
recommendation of award of Demolition Contract C -90(D) to Lehman Trucking and
Excavating in the amount of $14,890.00 in conjunction with Sixth Street
Extension, IX -6604(2)--79-07, be received, placed on file and "Resolution
approving said documents", be adopted and Mayor Pro Tem and Clerk/Auditor
authorized to execute the same. Ayes: Six. Absent: Angel.
Re::aon adopted and upon approval by Mayor Pro Tem assigned No. 1990-380.
95911 - Moved by Buck, seconded by Dell
that comrin ration from Transportation Program Manager transmitting
recommendation of award of Demolition Contract A -90(D) to Lehman Trucking and
Excavating in the amount of $15,915.00 in conjunction with Sixth Street
Page 4 June 18, 1990
Extension, IX -6604(2)--79-07, be received, placed on file and "Resolution
approving said contract", be adopted and Mayor Pro Tem and Clerk/Auditor
authorized to execute same. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-381.
95912 - Moved by Buck, seconded by Dell
that communication from City Engineer transmitting agreement with Wayne
Claassen Engineering and Surveying, Inc. for construction inspection services
for Pinnacle Place First Addition, together with recommendation of approval,
be received, placed on file and "Resolution approving said document", be
adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes:
Six. Absent: Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-382.
95913 - Moved by Buck, seconded by Dell
that communication from City Engineer transmitting agreement with Wayne
Claassen Engineering and Surveying, Inc. for construction inspection services
for Audubon Park Fourth Addition, together with recommendation of approval, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Six.
Absent: Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-383.
95914 - Moved by Buck, seconded by Dell
that communication from City Engineer transmitting agreement with the Iowa
Department of Transportation for RISE funding in the amount of $210,124.00 for
paving of Big Rock Road beginning at Wagner Road and extending East
approximately 2,600 feet, Big Rock Road Paving, RM -8155(7)--9D-07, together
with recommendation of approval, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor Pro Tem and Clerk/Auditor
authorized to execute same. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-384.
95915 - Moved by Buck, seconded by Dell
that communication from City Engineer transmitting Contract, Bonds and
Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa, in
the amount of $49,721.14, in conjunction with the F.Y. 1990 Sidewalk Repair
Assessment Program --Zone 1, Contract No. 382, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor Pro Tem and
Clerk/Auditor authorized to execute the same. Ayes: Six. Absent: Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-385.
Ordinances to be Adopted
95916 - Mayor Pro Tem Brown announced that the time had arrived for discussion on
amendments to the 1988 Traffic Code changing W. Mullan and W. First Streets
from one-way streets to two-way streets.
Councilperson Budak proposed an amendment to the Ordinance that would allow
the one block area on W. Mullan and W. First Streets between Washington Street
and South Street to be converted to a two-way street with the remaining
portions remaining one-way. He presented this as a compromise to the
neighbors in the area.
Jan Anderson, representing the Ramada Hotel, reported that they would agree
with the proposed change but pointed out that the confusion created by such a
change would be a dangerous situation for residents.
Don Temeyer, Planning and Development Director, presented an overview of the
traffic flow in the area with the construction of Relocated U.S. Highway 218.
Page 5
June 18, 1990
When the construction of Relocated U.S. Highway 218 is completed Washington
Street will be come a one-way service road at Sergeant Road and will continue
as a one-way street to Hawthorne Street. West Second and West Third Streets
will no longer connect onto Washington Street. He reported that the staff
would recommend against the conversion of a one block area as two-way and that
the conversation from one-way streets to two-way streets the entire length
would better facilitate access in to and out of the area.
Janet Butz, 617 W. First Street, stated that the neighbors would support the
one block to be converted to two-way and the remaining portion remain as
one-way.
Moved by Budak, seconded by Dell
that West Mullan and West First Streets, between Washington Street and South
Street be converted to two-way with the remaining portion of said streets to
remain as one-way. Ayes: Dell, Budak, Brown. Nayes: Fox, Buck, Wright.
Motion not carried.
95917 - Paul Jamieson, 815 W. First Street, objected to the proposed amendment and
supported the existing one-way street system. He also objected to the
proposed highway plan of U.S. Highway 218 in the West Mullan and West First
Street areas.
Moved by Fox, seconded by Buck
that "an Ordinance amending the 1988 Traffic Code by repealing Subsections
(32) First Street and (71) Mullan Avenue (West), of Section 541, Increasing
Speed Limits in Certain Areas; and by enacting in lieu thereof new Subsections
(32) First Street and (71) Mullan Avenue (West), of Section 541, Increasing
Speed limits in Certain Areas; and by repealing Subsection (3) First Street (E
and W) and (8) Mullan Avenue (East and West), of Section 542, One -Way Streets
and Alleys; and by enacting in lieu thereof new Subsections (3) First Street
(East and West) and (8) Mullan Avenue (East and West), of Section 542, One -Way
Streets and Alleys (lowering speed limit from 30 mph to 25 mph and changing
from one-way street to two-way street First Street and Mullan Avenue)", be
received, placed on file, considered and passed for the third time. Ayes:
Four. Nayes: Dell, Budak. Absent: Angel. Motion carried.
95918 - Moved by Buck, seconded by Wright
that "an Ordinance amending the 1988 Traffic Code by repealing Subsections
(32) First Street and (71) Mullan Avenue (West), of Section 541, Increasing
Speed Limits in Certain Areas; and by enacting in lieu thereof new Subsections
(32) First Street and (71) Mullan Avenue (West), of Section 541, Increasing
Speed limits in Certain Areas; and by repealing Subsection (3) First Street (E
and W) and (8) Mullan Avenue (East and West), of Section 542, One -Way Streets
and Alleys; and by enacting in lieu thereof new Subsections (3) First Street
(East and West) and (8) Mullan Avenue (East and West), of Section 542, One -Way
Streets and Alleys (lowering speed limit from 30 mph to 25 mph and changing
from one-way street to two-way street First Street and Mullan Avenue)", be
adopted. Ayes: Four. Nayes: Dell, Budak. Absent: Angel.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3717.
95919 - Moved by Dell, seconded by Wright
that "an Ordinance amending the 1988 Code of Ordinances by repealing Section
33 1/2, Swimming Pools", be received, placed on file, considered and passed
for the first time. Ayes: Six. Absent: Angel. Motion carried.
95920 - Moved by Buck, seconded by Dell
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Six. Absent: Angel. Motion carried.
Page 6
June 18, 1990
95921 - Moved by Wright, seconded by Dell
that the following ordinance be recorded as having bee 1 _< dered and passed
for the second and third times and now placed on jts doption. Ayes:
Six. Absent: Angel. Motion carried.
95922 - Moved by Fox, seconded by Wr ght
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Section 33 1/7, Swimming Pools' be adopted.
Ayes: Six. Absent: Angel.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3718.
95923 - The Mayor Pro Tem had announced that the time had arrived for ,scussion on
fees for fire prevention and inspections.
Fire Chief Stan Stapella reported that the proposed Life Safety Ordinance
reduces the cost to small businesses by approximately 40% from the present
ordinance. The current ordinance sunsets on June 30, 1990. The proposed
ordinance does not have a sunset clause but has been reviewed by the Business
Development Council of the Chamber of Commerce. This group has unanimously
supported the proposed ordinance as a more fair and equitable fee structure
which is based on square footage and degree of hazard within the building.
Councilperson Fox complemented the staff on proposing an ordinance which
further reduces the tax burden to small business but indicated that he could
only support it if it contained a sunset provision. Councilperson Dell echoed
similar feelings.
Councilperson Budak stated that the proposed fee structure pays for a service
and is a direct cost to the business and should be paid by the business based
upon the cost to the City.
Moved by Buck, seconded by Wright
that "an Ordinance amending the 1988 Code of Ordinances by repealing Section
14-59, Fees Established, of Article III, Fire Prevention Inspections, of
Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new
Subsection 14-59, Fees, of Article III, Fire Prevention Inspections, of
Chapter 14, Fire Prevention and Protection (Life Safety Code)", be received,
placed on file, considered and passed for the first time. Ayes: Six.
Absent: Angel. Motion carried.
95924 - Moved by Buck, seconded by Dell
that "an Ordinance regulating Fire Alarms, Businesses, Systems, and Users", be
received, placed on file and tabled. Ayes: Six. Absent: Angel. Motion
carried.
Bills Payment
95925 - Moved by Wright, seconded by Dell
that "Resolution approving Schedule A918, pp. 1-58, in the amount of
$1,678,354.81, copies of which are on file in the Clerk/Auditor's Office", be
adopted. Ayes: Five. Absent: Angel. Abstain: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-386.
New Business
95926 - Moved by Wright, seconded by Buck
that communication from City Planner transmitting proposed amendments to
Chapter 18 1/2,. Historic Preservation of the Waterloo Code of Ordinances,
together with recommendation of approval, be received, placed on file and
"Resolution setting date of hearing as July 9, 1990, at 7:00 p.m., in the City
Page 7
June 18, 1990
Hall Council Chambers on said amendments", be adopted. Ayes: Six. Absent:
Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-387.
95927 - Moved by Wright, seconded by Buck
that a grant application to the Federal Aviation Administration --Airport
Division for Project No. 3-19--0094-07 for the Waterloo Municipal Airport, be
received, placed on file and "Resolution approving same", be adopted. Ayes:
Six. Absent: Angel.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-388.
Travel Requests
95928 - Moved by Buck, seconded by Dell
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Sang -Ki Han, Assistant City Attorney, to attend NIMLO Annual Conference
in Boston, Massachusetts, on September 23-26, 1990, with costs not to
exceed $1,350.50.
2. Rick Tagtow, Director of Parks and Forestry, to attend International
Society of Arboriculture Annual Conference and Trade Show in Toronto,
Ontario, August 11-15, 1990, with costs not to exceed $1,250.00.
Motion carried.
Miscellaneous
95929 - Moved by Buck, seconded by Dell
that the following beer and liquor licenses be received, placed on file and
approved and endorsed applications forwarded to the Iowa Beer & Liquor Control
Department, and application for Fireworks Display and Application for Taxicab
Company License, be received, placed on file and approved:
1. Beer & Liquor License Permit Application
Class C
Half Pint Saloon, 1831 Independence Avenue (Renewal) (Expires 6/30/91)
(Includes Sunday Sales)
Knight of Columbus, 1955 Locke Avenue (Renewal) (Expires 6/30/91)
(Includes Sunday Sales)
Application for Fireworks Display
Sunrise Exchange Club, Waterloo Greyhound Park (July 3, 1990)
Application for Taxicab Company License
Yellow Cab Co -Operative, 1027 Sycamore Street
Motion carried.
Bonds
95930 - Moved by Wright, seconded by Buck
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through June 18, 1990, be received, placed on file and bonds
approved. Motion carried.
Oral Presentations
95931 - Joy Lowe, 130 Webster Street, presented a petition asking that the City of
Waterloo declare Chuck's Lounge, located at the corner of E. Fourth and
Webster Streets, to be a public nuisance. She stated that the patrons of the
Page 8 June 18, 1990
bar are depriving the neighborhood of the normal use of their yard and
residences.
Police Chief Bernie Koehrsen stated
and the owner of Chuck's Lounge and
delicate situation to protect both
rights of the individuals to conduct
that he had met with both the Russ Lowes
stated that the Police Department is in a
the rights of the neighborhood and the
business.
Sedrick Reed, representing Chuck's Lounge, stated that it is not a problem
with the people that patronize his business but rather the people outside that
he cannot control.
Gary Goodson, 606 Summit Street, and associated with Goodies' Bar, 115 Sumner
Street, stated that by closing Chuck's Lounge, the problem would only move to
his business. He suggested the placing of "No Loitering" signs in the area.
Chief Koehrsen stated that perhaps the City should look at adopting an
ordinance keeping in mind the delicate balance of individuals' First Amendment
Constitutional right to gather peacefully and those of concerned citizens and
businesses in the area to address the problem of drug trafficking in the area.
He stated that he would. be willing to meet with the concerned citizens
following the Council meeting to further discuss the problem and what the
neighbors can do to help with the situation.
Assistant City Attorney Sang -Ki Han will work with the Police Department on
ordinance development.
Adjournment
Moved by Budak, seconded by Buck
that the above oral presentations be received and placed on file and the
meeting be adjourned. Motion carried.
Larry P. Burger
City Clerk/Auditor