Loading...
HomeMy WebLinkAbout06/04/90June 4, 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 4, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Rose Angel Pledge of Allegiance: Boy Scout Troop 11 95799 - Moved by Wright, seconded by that the Agenda, as proposed, for the Regular Session on June 4, 1990, at 7:00 p.m. and the Minutes of the Regular Session on May 29, 1990, at 7:00 p.m., be accepted and approved. Motion carried. ADJOURNED HEARINGS 95800 - The Mayor announced the time had arrived for discussion on the F.Y. 1991 Oiling Program, Contract No. 391. Jerry Martin, 525 Sheridan Road and owner of property adjacent to the alley bounded by Western Avenue, Mullan Avenue West, Locust Street and Elmwood Avenue, presented a petition of adjacent property owners representing 56 percent opposed to the proposed assessment. Eric Thorson, City Engineer, recommended the deletion of Shultz Street from the program with 62 percent of the property owners opposed. Jeff O'Day, 840 Conger Street, indicated that 13 of the 22 adjacent property owners to the alley bounded by Avon, Riehl, Ashland and Conger are opposed to the oiling program. Mr. O'Day also reported that approximately 15 children reside in the block, and that oiling the alley will result in higher speed of vehicles and increased safety concerns for the children. Eric Thorson, City Engineer, stated that the petition presented by Mr. Jerry Martin represents 66.6 percent of the adjacent property owners opposed to the proposed oiling. Moved by Buck, seconded by None that the City participate in 50 percent of the costs associated with the oiling of Hollywood Street between Movilla and Alice Streets. Discussion concerning the heavy use of this street by patrons of the ball diamonds was heard. Approximate costs to the City for participating in one-half of the oiling would be $5,832. Councilperson Angel urged staff members to consider another exit from the Hollywood Addition area for safety purposes. Mark Shoars, 206 Hollywood Avenue, reiterated the neighborhood request that the City participate in one-half of the cost of the oiling of Hollywood Avenue due to the excessive traffic caused by the softball diamonds. Councilperson Wright stated that what is fair for one area in the community, is fair for the other, and that the City should not participate in the cost of this oiling. City Engineer Eric Thorson reported that the petition presented against the oiling of the alley bounded by Avon, Riehl, Ashland and Conger represents 63 percent of the adjacent property owners opposed to the oiling. He stated that with the petitions of objection, he recommended the removal of Shultz Street, the alley bounded by Western, Mullan, Locust and Elmwood, and the alley bounded by Avon, Riehl, Ashland and Conger from the F.Y. 1991 Oiling Program. June 4, 1990 Page 2 Adjourned Hearings - continued Moved by Dell, seconded by Buck that "Resolution adopting Resolution of Necessity, as amended, for the F.Y. 1991 Oiling Program, Contract No. 391", be adopted, thus deleting Shultz Street, the alley bounded by Western, Mullan, Locust and Elmwood, and the alley bounded by Avon, Riehl, Ashland and Conger and with the City's participation in 50 percent of the cost of the oiling of Hollywood between Movilla and Alice. Ayes: Six. Nays: Wright. Resolution adopted and upon approval by Mayor assigned No. 1990-331. 95801 - Moved by Buck, seconded by Angel that "Resolution ordering construction of the F.Y. 1991 Oiling Program, Contract No. 391", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-332. 95802 - The Mayor announced that the time had arrived for discussion on the F.Y. 1991 Sidewalk Repair Assessment Program - Zone 2. City Engineer Eric Thorson reported that staff has worked with the property owners who appeared at the public hearing on May 29 and will most likely be able to resolve most of their concerns. Jerry Martin, 525 Sheridan, stated that he still disagrees with some of the sections recommended for repair. He also indicated that on Saturday, June 2, he had received additional sidewalk assessment notices and objected to the additional costs. He asked that the specific sections that need repair and the types of repairs needed must be resolved once and for all. Kathy Oberle, 710 Forest Avenue, asked 1) whether the City sidewalk specifications meet the standards of the federal government, 2) why the City recommends the purchase of sidewalk repair material at particular stores and 3) questioned the length of time property owners have to make the repairs. She suggested that owners be given six months. Eric Thorson, City Engineer, stated that City sidewalk standards would meet the requirements of the federal government. Also, the list of stores where patching material is sold was put together in response to concerns of property owners last year. If additional stores sell this material, we can add them to the list. The possibility of extending the time for property owners to make repairs was discussed. Councilperson Brown suggested giving property owners the entire 1990 construction year. Councilperson Angel suggested allowing property owners until September 30. Richard Suitor, 740 Wildwood Road, questioned the need for the sidewalk repair program. Hugh Field, City Attorney, stated that with the decision of the Iowa Supreme Court and subsequent legislation, municipalities are liable and they must adopt a systematic inspection program to be immune from liability. In response to questions from Kathy Oberle, Planning and Development Director Don Temeyer stated that some areas of the community were required to put in sidewalks and not others based upon the subdivision rules and requirements at the time of construction. The subdivision now requires the construction of sidewalks. Moved by Brown, seconded by Buck that the sidewalk repairs referred to above by Jerry Martin be reviewed and the City Engineer instructed to work with Mr. Martin to determine the required repairs. Ayes: Seven. Motion carried. 95803 - Moved by Angel, seconded by Buck that should property owners require additional time to construct the improvements themselves, they be allowed to obtain a permit and show a contract with a private contractor, together with evidence of a 25 percent down payment. Ayes: Six. Nays: Fox. Motion carried. June 4; 1990 Adjourned Hearings - continued 95804 - Moved by Fox, seconded by Brown Page 3 that authorization be given to proceed with the F.Y. 1991 Sidewalk Repair Assessment Program - Zone 2, as amended, be received, placed on file and "Resolution approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-333. 95805 - HOLD HEARING --This being the time and place of adjourned hearing on amendments to Zoning Ordinance No. 2479, as amended, to revise the "H -C" Highway Corridor Overlay District as it pertains to screening/fencing, setbacks and use restrictions, the Mayor called for oral and written comments. Moved by Buck, seconded by Brown that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and written comments, be received and placed on file. Motion carried. 95806 - Moved by Brown, seconded by Dell that "an Ordinance amending Waterloo Zoning Ordinance No. 2479, as amended, to revise the "H -C" Highway Corridor Overlay District as it pertains to screening/fencing, setbacks and use restrictions", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. HEARINGS AND BIDS 95807 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on the F.Y. 1990 LaPorte Road Repair and Overlay Program, Contract No. 359, as published in the Waterloo Courier on May 18, 1990, be received and placed on file. Motion carried. 95808 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Moved by Fox, 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. 1990-334. 95809 - Moved by Angel, seconded by Buck that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-335. 95810 - Moved by Brown, seconded by Fox to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (bid awarded under CR 95834 of June 4, 1990): Bidder Bid Bond Total Bid Aspro, Inc. & Subsidiary 5% $838,447.60 Motion carried. June 4; 1990 Page 4 PETITIONS FROM PUBLIC 95811 - Moved by Buck, seconded by Dell that communication from City Planner transmitting request of Gerald Glidewell to vacate the southerly one (1) foot of the alley at the rear of Leavitt Street, be received, placed on file and "Resolution setting date of hearing as June 11, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-336. 95812 - Moved by Buck, seconded by Dell that communication from City Engineer transmitting signing request of Dorfman Auto Supply, Inc. to temporarily place sign on City right-of-way on the grass median between LaPorte Road and the LaPorte Road Frontage Road at Bourland Avenue, together with recommendation of approval with the stipulation that the City be held harmless from any and all situations that may be created due to the placing of signs on City right-of-way, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-337. 95813- Moved by Buck, seconded by Dell that communication from City Engineer transmitting request of William R. Kasten for temporary concrete driveway to be located at 124 Sidehill Drive, together with recommendation of approval, be received, placed on file and "Resolution approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-338. 95814- Moved by Buck, seconded by Dell that communication from Clerk/Auditor transmitting request of North East Iowa Region for a variance to the Noise Ordinance to conduct an autocross race on June 10, 1990 between the hours of 6:00 a.m. and 6:00 p.m., together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-339. 95815- The Mayor announced that the time had arrived for discussion on the petition of citizens requesting the Council's support and funding of the implementation of the Greenbelt master plan for the Leonard Katoski Green Belt. Barb Jauch, 1124 West Ridgeway Avenue, urged that the planning process for a new crossing across the Katoski Greenbelt not take place, and it not be included in the City's future transportation plan. The construction of any road in the Greenbelt will greatly destroy the natural habitat that exists. Dean Rigdon supported the Greenbelt as it currently exist and that it greatly enhances the quality of life in our community. Chris Robinson also supported the Greenbelt and its enhancement to the community. Matt Hobson, 435 Martin Road, spoke against the continuation of Greenhill Road across the Greenbelt. He urged the Council's preservation of the Greenbelt. Forest Dillavou, 1725 Huntington Road, spoke in support of the extension of the project. He indicated that it would be a great improvement to the transportation system in the community and would greatly lessen the number of miles for the commuter population. Dave Burman, 1103 Vine Street, spoke in support of the Greenbelt as it exists today. June 4, 1990 Page 5 Petitions from Public - continued Mayor McKinley stated that there are many streets in the community with a higher priority than the extension of Greenhill Road through the Greenbelt. The cost of this facility would be extremely high and would require considerable environmental reviews before its construction. He did not envision anything happening in the decade of the 1990s. Moved by Buck, seconded by Fox that petition from citizens requesting the Council to support and fund the implementation of a Greenbelt Master Plan for the Leonard Katoski Greenbelt and to resist proposals for encroachment into the Greenbelt for other purposes, particularly for the proposed Katoski Drive extension, be received and placed on file. Motion carried. RESOLUTIONS TO BE ADOPTED 95816 - Moved by Angel, seconded by Wright that "Resolution authorizing Clerk/Auditor to certify against property taxes certain unpaid weed mowing and lot clearing in conjunction with Operation Pride", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-340. 95817 - Moved by Angel, seconded by Wright that "Resolution authorizing and directing the Clerk/Auditor to destroy certain records and papers (parking tickets)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-341. 95818 - Moved by Angel, seconded by Wright that "Resolution authorizing cancellation of special assessments for sewage disposal and garbage collection for property sold at a tax sale", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-342. ORDINANCES TO BE ADOPTED 95819 - Moved by Budak, seconded by Brown that "an Ordinance amending the 1988 Traffic Code by adding Subsection (la) Bellaire Road to Section 561, Two Hour Parking (two hour parking on Bellaire Road on the east side from Ridgeway Avenue to Midlothian Boulevard)", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 95820 - Moved by Wright, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by adding Subsection (la) Bellaire Road to Section 561, Two Hour Parking (two hour parking on Bellaire Road on the east side from Ridgeway Avenue to Midlothian Boulevard)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3711. 95821 - Moved by Brown, seconded by Fox that "an Ordinance vacating the three (3) feet of the eight foot platted utility easements located at the rear of 2515 West Ninth Street --Dan and Shirley Dunlap (for purpose of constructing a detached garage)", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. •paTaaeo uoTgoK •panoaddp pup aTT3 uo peoeTd 'paATe0ea eq '966T '0£ eunr 3o uoTl2lTdxe maag g;TM 'meg apeA xTs aeggoue ao3 sea;snay AaeagTZ ;o papog egg og aabang • H 1» T1TTM 3o guaurguToddp ;o uoTgepuaunuooaa buT;;Tursueag AaTuT)OW eTuaeg aoAuK uroa3 uoTgeoTununuoo ;Egg uMoag Aq papuooas 'Nepng Aq peAoN •paTaap3 uoTgoK •penoadde pup e-CT3 uo peoETd 'peATaoaa aq 'PP661 'T Aaunuur 3o uoTgeaTdxa maeg ggTM 'uoTssTunuo3 s;u5TH uewng au; 03 Aaapg •y saucer ;0 gueurquToddd 3o uoT;Epuaunuooea burg;Tursueap AeiuTxoN aTuaag aoApK wag uoTgeoTunnnuoO quip uMoag Aq papuooas 'Nepng Aq panoW SS3NISf18 MHN 'EVE -066T •0N paubTSSe aoXeK Aq TEAoaddd uodn pup pegdope uoTgnToseu •Nong 'xo3 :uTegsgy •aATg :seAy •pagdopE eq '„aoT330 s,aogTpnyIxaaTO alp uT e1T3 uo eae gOTMM 3o se1doo ' LL • T 178$ ;o ;unome egg uT '£-T • dd '006M aTnPeppS Pu ' OT • V6S' Z89$ ;o gunoure au3 uT '££-T •dd '8T6V eInpegog buTAoadde uoT1nTosell, quip ggbTJM Aq papuooas 'Tabuy Aq panoW SLNEIVYd STIIS •peTaae° uoTgoK •uanag :seAy •eurT; puooes egg ao3 passed pup peaepTsuoo 'aTT3 110 paowTd 'peATBOea eq '„(anuany uETTnw pup paaagg 4saT3 geaags AEM-OM; op ;aaags AEM-auo uroa3 buTbuegp pup gdur SZ op udw 0£ wag gTUITT peeds buTaamoT) sAeTTy puE sgeaaps AeM-auo 'ZVS uoTgoeg 3o '(gse1 puE pseg) enuanA uETTnN (8) pup (;sem puE gsug) ;aaa;g ;saT3 (£) suoTgoesgng Mau 3o0a914; naTT uT buTgoPue Aq pup :sAeTTK pup sgaaags AeM-auo 'ZVS UoT;OeS 3o '(;sem puE iseg) anuany uuTTnw (g) pup (M puE g) geeagg ;saT,3 (£) uoTgoesgng buTTEadea Aq puE :spam uTp4a83 uT s;TurTZ peeds buTseaaoul 'TVS uoTgoas 30 '(gsei) enuei u2TTnw (TL) puE geeags 4saT3 (Z£) suoTgoesgng Mau 3oeaau; naTT uT buTpoEue Aq puE :seam uTegaa3 uT s;TurI peedg buTspaaoul 'Tvs uoTgoeg ;o '(gseM) enuanA uETTnW (TL) puE gaaagg ;sarT3 (Z£) suoTgoasgng buTTeedea Ag :EMoI 'ooTaa;PM 3o AgTD au; ;o epoo oT33Eay 886T egg buTpuaure eoueuTpao up„ ;PIP uMoag Aq papuooas 'xong Aq panoN •u0TgonagSUOO buTanp A;TTT0E3 aTegq oq Sse00e aeggeq MoTTe pTnoM ;T ;egg 6UTgegs abuego egg pegaoddns 'Tegog epPureg ;o aeoeueN guegSTSSy 'uosaepuy uuy •8TZ •S•n oquo sseoOE ;OaaTp 9AE4 aabuoT ou TTTM Aagg eouTs enuenV uuTTniI pup geeagg gsaT3 gsem egg uT uoTieTnoaTo oT33Eap aeggeq ao3 MoTTE pTnoM abuego egg ;egg peuTPTdxe 'aeuuuTd A;To 'uosueAe;g qog •geeags Aum-auo E uo Mous anowea 04 AgTo egg ao3 enTsuedxa ssaT aq pTnoM ;T geq; penbaE eg •;TuTT peeds uT esuaaoap egg pegaoddns aH •uaapUTgo au; ;o A;ejes egg oq enp geTdnoo AEM-0110 egg ;o uorgunuTquoo egg pagaoddns 'gaeagg gsaTg gsem S18 'uoseiurEr Trued •enuanv ue Tnht pup geeagg gsaT3 geaags AEM-0M; og geeags AEM-auo uroa3 buTbuego pup gdur SZ o; o£ uroa3 sgrurTT peeds buTaaMoT eoupuTpao egg ;o buTpeea puooas au; uo uoTssnosTp ao3 penTaaP pug elm egg ;eu; peounouue eqy •TTL£ •oN paubTssE aoAeK Aq Tenoadde uodn puE pegdope eoueuTpao •uanag :seAy •pagdope eq '„(ebeaub pegoegep E buTgonagsuoo ;o esodand log) deTunQ AaiaTUS pup usQ--4aaa1g t{;uTH 4S M STSZ 30 asaa 044 4s pa4e001 s4u91.11assa A;TTTgn Pa;;eTd goo; ;g6te egg 3o ;aa; (£) eeau; egg buTgeoen aoueurpao UP" ;eq; 9 abed ;gbTaM Aq papuooas 'xo3 Aq panoW penuTquoo - pegdopy eq oq seDupuTpa0 - 9Z8S6 - SZ8S6 - VZ8S6 - £Z8S6 - ZZ8S6 0661 't' aunr ,June"4, 1990 New Business - continued 95827 - Moved by Budak, seconded by Brown Page 7 to instruct City Engineer to prepare plans, specifications, form of contract, etc., in conjunction with F.Y. 1990 Water Pollution Control Plant Improvements, Phase 1, Step 2, Contract No. 387, be received and placed on file. Motion carried. 95828 - Moved by Budak, seconded by Brown that plans, specifications, form of contract, etc., for the F.Y. 1990 Water Pollution Control Plant Improvements, Phase 1 - Step 2, Contract No. 387, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-344. 95829 - Moved by Budak, seconded by Brown that "Resolution setting date of hearing on plans contract, etc., and taking of bids as July 2, 1990 Hall Council Chambers on the F.Y. 1990 Water Improvements, Phase 1 - Step 2, Contract No. 387", instructed to publish notice of hearing accordingly. , specifications, form of at 7:00 p.m. in the City Pollution Control Plant be adopted and City Clerk Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-345. Travel Requests 95830 - Moved by Wright, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. John Meyer, Public Works Director, to attend APWA National Congress in St. Louis, Missouri, on September 8-13, 1990, with costs not to exceed $1,130.00. 2. Sue Vaughn, Special Projects Coordinator, to attend Designing and Implementing a Recycling Program Workshop in Milwaukee, Wisconsin, on June 25-26, 1990, with costs not to exceed $445.50, including the use of City vehicle. 3. Stan Stapella, Fire Chief, to attend 1990 International Association of Fire Chiefs Conference in Orlando, Florida, on August 18-22, 1990, with costs not to exceed $1,309. Motion carried. MISCELLANEOUS 95831 - Moved by Wright, seconded by Angel that the following beer and liquor licenses be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for junk dealer license and application for pawnbroker's and secondhand goods dealer's license, be received, placed on file and approved: 1. Beer License Permit Application Class C Pony Express, 1459 Ansborough Avenue (Renewal) (Expires 7/10/91) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Maple Lanes, 2608 University Avenue (Renewal) (Expires 7/10/91) (Includes Sunday Sales) Lighthouse Lounge, 1307 West 5th Street (Renewal) (Expires 6/29/91) Rush, 3295 University Avenue (Renewal) (Expires 6/27/91) (Includes Sunday Sales) Southtown, 2026 Bopp Street, (Renewal) (Expires 6/8/91) (Includes Sunday Sales) June 4, 1990 Page 8 Miscellaneous - continued 3. Beer & Liquor License Permit Class A Fraternal Order of Eagles, 202 East 1st Street (Renewal) (Expires 6/30/91) (Includes Sunday Sales) Application for Junk Dealer License R & M Metals, Inc., 2704 Violet Drive (Yard --2724 Lafayette) Application for Pawnbroker's and Secondhand Goods Dealer's License Broadway Pawn & Guns, 400 Broadway Motion carried. BONDS 95832 - Moved by Angel, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 4, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 95833 - Susan DeVoll, 1576 Woodmayr Drive, presented a petition requesting a stop sign at the intersection of Woodmayr and Greenbrier. The petition was presented due to the safety concerns of children in the neighborhood. Mayor McKinley reported that the petition would be reviewed by appropriate staff and a report prepared for the Council. Councilperson Buck asked that City staff review the need for a stop sign at the intersection of Rachel and Sunrise. He indicated that constituents have brought this to his attention. Moved by Brown, seconded by Dell that the above comments be received and placed on file. Motion carried. 95834 - Eric Thorson, City Engineer, recommended that the bid be awarded to Aspro, Inc. & Subsidiary, which meets the minority and female participation goals. Moved by Wright, seconded by Buck that "Resolution authorizing award of contract to Aspro, Inc. and Subsidiary of Waterloo, Iowa, in the amount of $838,447.60, in conjunction with the F.Y. 1990 LaPorte Road and Overlay Program, Contract No. 359", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-346. ADJOURNMENT 95835 - Moved by Brown, seconded by Dell that the City Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor