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HomeMy WebLinkAbout03/12/90March 12, 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 March 12, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Budak, Wright, Brown. Absent: Buck. Invocation by: Councilperson Budak Pledge of Allegiance: Deputy Clerk/Auditor Michelle Temeyer 95390 - Moved by Angel, seconded by Budak that the Agenda, as amended, for the Regular Session on March 12, 1990, at 7:00 p.m. and the Minutes of the Regular Session of March 5, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 95391 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on plans, specifications, form of contract,, etc., for Cedar River/Exchange Park Boat Ramp Reconstruction, as published in the Waterloo Courier on February 23, 1990, be received and placed on file. Motion carried. 95392 - 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 Brown, seconded by Fox that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-126. 95393 - Moved by Angel, seconded by Budak that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-127. 95394 - Moved by Budak, seconded by Brown to receive, file and instruct Clerk/Auditor to open and read bids and refer to Superintendent of Resources for review and recommendation (bid not awarded on March 12, 1990): Bidder Bid Bond Division 1 Division 2 Total Bid Peterson Contractors, Inc. 5% $76,865.00 $ 1,000.00 $77,865.00 Blazek Sand & Gravel, Inc. 5% $47,767.50 $45,000.00 $92,767.50 Rampart Corporation 5% $75,442.50 $ 100.00 $75,542.50 Motion carried. HEARINGS 95395 - Moved by Wright, seconded by Dell that proof of publication of notice of public hearing on request of Steve Rieger to vacate a five foot platted utility easement which runs along the west lot line of Lot 52, Heartland Hills Second Addition, as published in the Waterloo Courier on February 23, 1990, be received and placed on file. Motion carried. March 12, 1990 Page 2 Hearings - continued 95396 - 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 the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 95397 - Moved by Dell, seconded by Wright that "an Ordinance vacating the five (5) foot platted utility easement which runs along the west lot line of Lot 52, Heartland Hills Second Addition", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 95398 - Moved by Budak, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 95399 - Moved by Fox, seconded by Angel 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: Buck. Motion carried. 95400 - Moved by Dell, seconded by Brown that "an Ordinance vacating the five (5) foot platted utility easement which runs along the west lot line of Lot 52, Heartland Hills Second Addition", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3703. 95401 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on request of Keith Beyer to vacate the sidewalk adjoining property located at 1006 Fairview Avenue, as published in the Waterloo Courier on February 23, 1990, be received and placed on file. Motion carried. 95402 - 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 Budak, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 95403 - Moved by Angel, seconded by Wright that "an Ordinance vacating the sidewalk adjoining property located at 1006 Fairview Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 95404 - Moved by Fox, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 95405 - Moved by Brown, seconded by Dell 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: Buck. Motion carried. March 12, 1990 Page 3 Hearings - continued 95406 - Moved by Angel, seconded by Dell that "an Ordinance vacating the sidewalk adjoining property located at 1006 Fairview Avenue", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3704. PETITIONS FROM PUBLIC 95407 - Moved by Brown, seconded by Dell that communication from City Engineer transmitting request of Thomas J. Hoffman for a temporary concrete driveway to be located at 506 Creston Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-128. 95408 - The Mayor announced that the time had arrived for discussion on the site plan amendment for Village Inn Restaurant, 212 West Ridgeway Avenue. Bob Stevenson, City Planner, stated that the original site plan included a monument type sign to be located on Ridgeway Avenue approximately 150 feet west of Bellaire Road. Village Inn is now requesting a similar type sign to be located 20 feet from both the Ridgeway and Bellaire curbs or 12 feet from their property line. The Zoning Ordinance requires signs at intersections to be clear of a triangle drawn between two points, 20 feet from the street line intersection. The proposed location is in violation of this section of the ordinance. It was the recommendation of the staff that this request be denied due to the site distance problem for motorists. Tom Porth, owner of the property, indicated his willingness to work with City staff and the possibility of moving the sign west, perhaps within the stormwater retention area. Moved by Dell, seconded by Fox that communication from City Planner transmitting site plan amendment request of Village Inn Restaurant to locate a monument type sign on their property located at 212 West Ridgeway Avenue, 20 feet from the Ridgeway Avenue and Bellaire Road curbs, together with recommendation of denial of the Planning, Programming and Zoning staff, be received, placed on file and tabled for one week to allow the owner and City staff to work out solutions to said sign request. Motion carried. DOCUMENTS 95409 - Moved by Wright, seconded by Brown that communication from City Planner transmitting agreement with Walmart Stores, Inc. and G.P. Schoenfelder for future dedication of a 60 foot wide street right-of-way with 31 feet back-to-back curb and gutter from Flammang Drive to Crossroads Estates to be known as Sarah Street, together with recommendation of approval, be received, placed on file and "Resolution approving the future dedication of a street to be located on the south side of Flammang Drive and along the east side of the Walmart Store at Crossroads", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-129. 95410 - Moved by Wright, seconded by Brown that communication from Transportation Program Manager transmitting agreement with Iowa State University for signal timing of eleven traffic signals along University Avenue from Belmont Street to Midway Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-130. March 12, 1990 Page 4 RESOLUTIONS TO BE ADOPTED 95411 - Moved by Fox, seconded by Budak that "Resolution authorizing receipt and acceptance from the Iowa Department of Transportation the transfer of land located at the corner of Highway 63 and Ridgeway Avenue for use as right-of-way in conjunction with F.Y. 1990 West Ridgeway Avenue Reconstruction Project (U.S. Highway 63 to Ansborough Avenue), Contract No. 383", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-131. 95412 - Councilperson Angel questioned the need for condemnation on this project. Bob Stevenson, City Planner, stated that dates of condemnation must be set to allow the project to proceed on schedule with a letting date of March 19, 1990. It is not anticipated that condemnation hearings will be necessary since City staff will continue to work with each property owner listed. Moved by Budak, seconded by Brown that communication from Transportation Program Manager requesting authorization to proceed with, condemnation proceedings for properties in conjunction with F.Y. 1990 West Ridgeway Avenue Reconstruction Project (U.S. Highway 63 to Ansborough Avenue), Contract No. 383, be received, placed on file and "Resolution authorizing said condemnation proceedings", be adopted. Ayes: Five. Nays: Angel. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-132. 95413 - The Mayor announced that the time had arrived for discussion of the lawn care issue. Elaine Jaquith, 3148 Marigold Drive, requested that the City develop a registry system to prevent spraying on public property. Jackie Stalberger questioned whether spraying during windy conditions is allowed. Several citizens spoke in support of the registry system. Moved by Brown, seconded by Angel that communication from Clerk/Auditor transmitting request for authorization to proceed with developing a registry system for persons wanting to be notified of the use of pesticides on adjacent properties, be received, placed on file and "Resolution authorizing development of said system", be adopted and City Attorney be instructed to prepare a legal opinion on whether a municipality can restrict spraying in light of state and federal regulations. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-133. BILLS PAYMENT 95414 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-57, in the amount of $1,207,883.72 and Schedule W900, pp. 1-2, in the amount of $32,796.36, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Fox. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-134. NEW BUSINESS 95415 - Moved by Budak, seconded by Brown to instruct City Engineer to prepare plans, specifications, form of contract, etc., for F.Y. 1990 Sidewalk Repair Block Grant Program - Zone 1, Contract No. 386, be received and placed on file. Motion carried. March 12, 1990 New Business - continued 95416 - Moved by Budak, seconded by Brown Page 5 that plans, specifications, form of contract, etc., for F.Y. 1990 Sidewalk Repair Block Grant Program - Zone 1, Contract No. 386, be received, placed on file and "Resolution preliminarily approving same", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-135. 95417 - Moved by Budak, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as April 2, 1990 at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1990 Sidewalk Repair Block Grant Program - Zone 1, Contract No. 386", be adopted and City Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-136. 95418 - Moved by Budak, seconded by Brown that "Preliminary resolution for the construction of sidewalk improvements in conjunction with F.Y. 1990 Sidewalk Repair Assessment Program - Zone 1, Contract No. 382", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-137. 95419 - Moved by Budak, seconded by Brown that "Resolution fixing value of lots for the F.Y. 1990 Sidewalk Repair Assessment Program - Zone 1, Contract No. 382", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-138. 95420 - Moved by Budak, seconded by Brown that "Resolution adopting Preliminary Plat and Schedule, estimate of cost and proposed plans and specifications for the construction of the F.Y. 1990 Sidewalk Repair Assessment Program - Zone 1, Contract No. 382", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-139. 95421 - Moved by Budak, seconded by Brown that "Resolution of Necessity (Proposed) 1990 on proposed assessments and taking of in the City Hall Council Chambers on F Program - Zone 1, Contract No. 382", instructed to publish notice of hearings Buck. setting date of hearing as April 2, bids as April 23, 1990, at 7:00 p.m. .Y. 1990 Sidewalk Repair Assessment be adopted and City Clerk/Auditor accordingly. Ayes: Six. Absent: Resolution adopted and upon approval by Mayor assigned No. 1990-140. 95422 - Moved by Budak, seconded by Brown to instruct City Engineer to prepare plans, specifications, form of contract, etc., for F.Y. 1990 Salt Storage Building, Contract No. 381, be received and placed on file. Motion carried. 95423 - Moved by Budak, seconded by Brown that plans, specifications, form of contract, etc., for F.Y. 1990 Salt Storage Building, Contract No. 381, be received, placed on file and "Resolution preliminarily approving same", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-141. March 12, 1990 Page 6 New Business - continued 95424 - Moved by Budak, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as April 2, 1990 at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1990 Salt Storage Building, Contract No. 381", be adopted and City Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-142. MISCELLANEOUS 95425 - Moved by Brown, seconded by Wright that the following applications for beer and liquor licenses be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class C Family Circle Sunoco, 111 West Ridgeway Avenue (Renewal) (Expires 4/6/91) (Includes Sunday Sales) Warco, 1008 LaPorte Road (Renewal) (Expires 4/19/91) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Park Road Inn, 306 Park Road (Renewal) (Expires 3/12/91) (Includes Sunday Sales) Porkey's Red Carpet, 1449 Newell (Renewal) (Expires 4/5/91) (Includes Sunday Sales) 3. Beer/Wine License Permit Application Class E Clutes Highland Market, 909 Independence Avenue (Renewal) (Expires 4/5/91) (Includes Sunday Sales) 4. Liquor License Permit Application Class A Club Knights of Pythias, 244 Ash Street (Renewal) (Expires 3/9/91) Motion carried. Bonds 95426 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through March 12, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 95427 - Kathy Oberle, 710 Forest Avenue, expressed concern over the Waterloo Police Department. Councilperson Wright questioned the petition that has been presented by property owners concerning the recent adoption of the F.Y. 1991 Operating Budget. She stated that the petitioners were misinformed prior to signing the petition. She stated that they were told that if they did not sign, their taxes would be raised. Kathy Oberle, 710 Forest Avenue, vehemently objected to Councilperson Wright's assessment of the petition drive. Moved by Brown, seconded by Dell that the above comments be received and placed on file. Motion carried. March 12, 1990 Page 7 ADJOURNMENT 95428 - Moved by Brown, seconded by Dell that the City Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor