Loading...
HomeMy WebLinkAbout01/22/90January 22, 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 January 22, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: A Boy Scout Troop 95148 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on January 22, 1990, at 7:00 p.m., and the Minutes of the Regular Session on January 16, 1990, at 7:00 p.m., be accepted and approved. Motion carried. UNFINISHED BUSINESS 95149 - Moved by Brown, seconded by Dell that the following Standing Committees file and approved: FINANCE/PURCHASE Chairperson - Rose Angel Willie Mae Wright Dave Buck PUBLIC BUILDING & GROUNDS Chairperson - Willie Mae Wright Robert Brown Tony Budak PUBLIC SAFETY Chairperson - Sammie Dell Dave Buck Tony Budak Motion carried. PETITIONS FROM PUBLIC 95150 - Moved by Dell, seconded by Fox for 1990-1991 be received, HUMAN RESOURCES Chairperson - Bob Brown Josef Fox Willie Mae Wright PUBLIC WORKS Chairperson - Josef Fox Sammie Dell Rose Angel ORDINANCES Chairperson - Bob Brown Entire Council placed on that communication from City Planner transmitting request of Robert Morris and Patrick Colwell to vacate the eight foot platted drainage and utility easements between properties located at 3383 and 3405 Monticello 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 February 12, 1990, at 7:00 p.m. in the City Hall Council Chambers on said request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-37. 95151 - Moved by Dell, seconded by Fox that communication from City Planner transmitting site plan amendment request of the Family Circle Service Station located at Kimball and Ridgeway Avenues for an enlargement of a post sign, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and approved and "Resolution approving said site plan amendment" be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-38. REPORTS 95152 - Moved by Fox, seconded by Angel that Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --January 1990, be received and placed on file. Motion carried. Page 2 January 22, 1990 DOCUMENTS 95153 - Moved by Angel, seconded by Brown nt that communication from Transportation Program Manager transmitting gdatae of Completion and Final Acceptance of Work for work performed by Cedar rer Valleyey Corporation in conjunction with Katoski Drive, lM-6585(aced ) -81 and "etheruwith on recommendation of approval, be received, p approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-39. 95154 - Moved by Angel, seconded by Brown that communication from Transportation Program Manager transmitting recommendation of award of contract to Peterson ContractorFac 1 t s, CoInc.nnecfor, construction of the Greenhill Road onile naBdkeResolution approving said wayIX-6585(9)--79-07, be received, placed contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-40. 95155 - Moved by Angel, seconded by Brown that Change Order No. 2 for a net Hurst & Sons Contractors, Inc. in Storm Sewer. Improvements, Contract No. approved. Motion carried. RESOLUTIONS TO BE ADOPTED 95156 - Moved by Budak, seconded by Wright that communication from City Planner transmitting request of Security House, Inc. (United Auto Workers Local 838) to sell and convey city -owned property located north of vacated Easton Avenue aeast nd 1-380, 380, togebe thereiwwitedh recommendation of approval of Planning and Programming placed on file and "Resolution setting date of hearing as February 5, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-41. 95157 - Moved by Budak, seconded by Wright that communication from City Planner transmitting request of Security House, Inc. (United Auto Workers Local 838) to vacate, sell and convey a portion of Texas Street, north of vacated Easton Avenue and East of I-380, together e eceiwid, 990 recommendation of approval of the Planning and Programming staff, 1ei dt placed on file and "Resolution setting date of hearing as February 5, 7:Q0 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-42. 95158 - Moved by Budak, seconded by Wright that "Resolution setting date of hearing as February 12, 1990, at 7:00 p.m. in the City Hall Council Chambers, to consider an application to the Department of Housing and Urban Development for 100 additional units of Section 8 Housing Vouchers for use in providing rent assistance to low income families for the Waterloo Housing Authority", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-43. increase of $11,128.36 for work performed by conjunction with F.Y. 1989 Black Hawk Road 378, be received, placed on file and January 22, 1990 Page 3 ORDINANCES TO BE ADOPTED 95159 - The Mayor announced that the time had arrived for discussion concerning rezoning property from "M-1" Light Industrial District to "R-2" One and Two Family Residential District located along the west side of Wagner Road, south of West Big Rock Road. Bruce Carter, Manager of the Waterloo Airport, stated that the City of Des Moines is currently involved in the acquisition of residential properties adjacent to the airport, resulting in the expenditure of millions of dollars for damage to their property due to noise associated with the airport. Mr. Carter indicated that three property owners have not signed the avionic easement. He also indicated that the federal government could overrule the easement documents in the future if they so desire. Councilperson Brown Bob Stevenson, City side of Wagner Road lots. indicated his opposition to the rezoning request. Planner, indicated that the proposed rezoning on the east could support a future development of 40 to 45 residential Lorna Heronimous indicated her support of the proposed rezoning. Judy Cagley stated her dislike of the City's attitude concerning the signature of the avionic easement documents. She suggested that the City had a larger intent than signing the agreements. Kathy Oberle, 710 Forest Avenue, questioned future development in the area, including drainage improvements to No Name Creek. Don Temeyer, Planning and Development Director, indicated that with the reconstruction of Wagner Road the No Name Creek bed was realigned. Moved by Dell, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 258 to Section 2A-5, Rezoning Certain Property (rezoning from "M-1" Light Industrial District to "R-2" One and Two Family Residential District property generally located along the west side of Wagner Road, south of West Big Rock Road --Wilbur Heronimous and other property owners)", be received, placed on file, considered and passed for the third time. Ayes: Five. Nays: Dell, Brown. Motion carried. 95160 - Moved by Budak, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 258 to Section 2A-5, Rezoning Certain Property (rezoning from "M-1" Light Industrial District to "R-2" One and Two Family Residential District property generally located along the west side of Wagner Road, south of West Big Rock Road --Wilbur Heronimous and other property owners) be delayed for thirty days pending signature of the avionic agreement by all property owners." Ayes: Seven. Motion carried. 95161 - Moved by Dell, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 258 to Section 2A-5, Rezoning Certain Property (rezoning from "M-2" Heavy Industrial District to "R-2" One and Two Family Residential District property generally located along the east side of Wagner Road, south of West Big Rock Road --Frank Cagley and William Fuller", be received, placed on file, considered and passed for the third time. Ayes: Six. Nays: Brown. Motion carried. 95162 - Moved by Buck, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 258 to Section 2A-5, Rezoning Certain Property (rezoning from "M-2" Heavy Industrial District to "R-2" One and Two Family Residential District property generally located along the east side of Wagner Road, south of West Big Rock Road --Frank Cagley and William Fuller", be adopted. Ayes: Six. Nays: Brown. Ordinance adopted and upon approval by Mayor assigned No. 3694. January 22, 1990 Page 4 Ordinances to be Adopted - continued 95163 - The Mayor announced that the time had arrived for the second reading of an ordinance establishing a "H -C" Highway Corridor Overlay District for Relocated Highway 218. John Nagle, representing Nagle Signs, Inc., proposed that the proposed sign regulation be amended to indicate that said signs be allowed in the yard closest to the highway only when they conform as follows: A) The signs shall have a maximum height of 25' above the surface of the highway or a maximum height of 40' above the grade on which they are mounted. At no time can they exceed 25' above the surface of the roadway. B) Each sign must have a pole covering in proportion to its size. The covering must be at least 50 percent of the sign cabinet face width. The construction of the coverings must blend in with the construction of the building construction. C) All such signs in the yard closest to the highway must go before the design review board. Don Temeyer, Planning and Development Director, stated that the Gateway Committee had not reviewed Mr. Nagle's recommendations and suggested that since there were major changes, the committee should review same. Sue Fleege, General Manager of Display Outdoor, Inc. and Chairperson of the Sign Committee, proposed that off -premise signs be allowed in that portion of the highway completed to date with a minimum of 750 feet from any other off -premise advertising device located within the district. She also recommended that no further off -premise advertising devices be erected on that portion of the corridor not yet completed for a period of two years or until completion of the roadway. This proposal would allow three more billboards in the corridor. She also indicated that 17 of the existing signs are not oriented toward the new highway. She stated that reasonable regulated billboards can assist the City and businesses in the area. Francis Veach, a retired employee of the Waterloo Courier, suggested additional signage in conjunction with the highway, including exit signs on Highway 380 and signs indicating the location of the Five Sullivan Brothers Convention Center and other downtown facilities. Hugh Copeland, Gateway Committee member, reiterated support of no additional signs within the corridor. cities and states have banned billboards completely support of the committee's recommendations concerning A letter of support was presented from the Cedar Arts no additional billboard signage be located along Corridor. the Gateway Committee's He stated that other and urged the Council's signs. Forum recommending that the U.S. Highway 218 Dave Swinehart, President of the UpDowntowners, presented the UpDowntowner's support banning any additional signage along the U.S. 218 Corridor. George Hubbard, 516 West First Street, presented a written statement and his support of the Gateway Ordinance. Donna Nelson, a member of the Gateway Committee, expressed her support of the Gateway Ordinance and particularly the provision that would allow no new signage along the corridor. Jim Blackledge, Jr., representing Greater Metro Realty, suggested that the ordinance be amended to a 20 percent landscaping requirement instead of the current 25 percent. Reasons for this recommendation are that all landscaping fees and costs are paid by the commercial developer and not the City of Waterloo. He also indicated the City would not give any credit to landscaping percentage on City -owned property. He suggested that the 25 percent is much greater than commercial property should bear. He also indicated his support for the presentation made by John Nagle concerning the sign regulation. In response to a question from Mayor McKinley, Planning and Development Director Don Temeyer stated that the staff would support the Gateway Committee's recommendation that no additional signage be allowed within the corridor. John Nagle indicated his support of the Sign Committee's recommendation and urged the Council's support of the same. January 22, 1990 Ordinances to be Adopted - continued Page 5 A letter was read authored by Mrs. Bob Maledy, 111 South Street, asking that the will of the people be considered when reviewing this ordinance. Moved by Brown, seconded by Wright that "an Ordinance establishing a "H -C" Highway Corridor Overlay District for Relocated Highway 218 as it relates to regulations for landscaping, signage and design review within the Relocated 218 Corridor", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 95164 - The Mayor announced that the time had arrived for discussion on the first reading of a garbage rate increase of $1.10 per month. John Meyer, Public Works Director, stated that the FY 1990 Budget projected a monthly increase of 50 cents. Since the increase has not yet been implemented, a $1 per month increase is required to meet the budget expenditures. The additional 10 cents per month is based upon the projected garbage exemptions for low-income persons. The $1 increase is directly related to the increased contractual obligations of personnel and additional tipping fees at the landfill. The City currently pays $19.40 per ton at the landfill. An additional increase may be necessary in October 1990. Proposals have been sent to private firms concerning the possibility of privatizing the City garbage collection operations. By October 1, City residents will be required to separate their yard waste from other garbage. At that time, a per bag system of charging may be implemented, but a flat monthly fee for regulation garbage would be maintained. Mr. Meyer indicated that the City may soon consider the elimination of alley pickup. The City incurs approximately $60,000 a year in costs associated with alley repair largely due to damage by garbage trucks. Councilperson Wright indicated her support of the increase particularly if the garbage exemption for low-income persons is expanded to include at least a partial exemption for those person with incomes of less than $10,000. Dave Vermont, 1103 Vine Street and representing the Highland Association, supported the continuation of alley pickup. This would be a detriment to their neighborhood and urged the Council's continuation of alley pickup. A resident indicated his support that apartments pay their fair share of garbage costs. Moved by Buck, seconded by Brown that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 16-8(a), Regarding Fees for Service, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof a new Subsection 16-8(a), Regarding Fees for Service, to Chapter 16, Garbage and Refuse (increasing monthly garbage collection fees)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 95165 - Moved by Wright, seconded by Angel that "an Ordinance amending the 1988 Traffic Code by adding Subsection (290a) Webster Street to Section 551, Parking Prohibited At All Time on Certain Streets (prohibiting parking on Webster Street on the south side from East Fourth Street to Linn, and the north side from East Fourth Street to a point 100 feet east of East Fourth Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 95166 - Moved by Budak, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. January 22, 1990 Page 6 Ordinances to be Adopted - continued 95167 - Moved by Brown, 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: Seven. Motion carried. 95168 - Moved by Angel, seconded by Fox that "an Ordinance amending the 1988 Traffic Code by adding Subsection (290a) Webster Street to Section 551, Parking Prohibited At All Time on Certain Streets (prohibiting parking on Webster Street on the south side from East Fourth Street to Linn, and the north side from East Fourth Street to a point 100 feet east of East Fourth Street)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3695. BILLS PAYMENT 95169 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-64, in the amount of $570,481.36, and Schedule W900, pp. 1-3, in the amount of $3,577.70, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Fox. Resolution adopted and upon approval by Mayor assigned No. 1990-44. Travel Requests 95170 - Moved by Wright, seconded by Brown that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Eric Thorson, City Engineer, to attend Iowa Concrete Paving Association 26th Annual Concrete Paving Workshop in Des Moines, Iowa, on February 14-16, 1990, with costs not to exceed $285.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 95171 - Moved by Wright, seconded by Brown 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 and that the following cigarette license permit application be received, placed on file and approved: 1. Beer License Permit Application Class B The Main Channel Fish Co., 218 Division (Renewal) (Expires 1/27/91) (Includes Sunday Sales) 2. Beer & Wine License Permit Application Class E Hy -Vee, 2325 Crossroads Boulevard (Renewal) (Expires 2/8/91) (Includes Sunday Sales) 3. Liquor License Permit Application Class E Osco Drug Store, 2060 Crossroads Boulevard (Renewal) (Expires 3/1/91) (Includes Sunday Sales) Osco Drug, 3727 University Avenue (Renewal) (Expires 3/1/91) (Includes Sunday Sales) Cigarette License Permit Application One (1) Motion carried. January 22, 1990 BONDS 95172 - Moved by Buck, seconded by Wright Page 7 that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through January 22, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 95173 - Dave Swinehart, representing the UpDowntowners, reiterated their support of the Landscaping Ordinance of the Gateway Committee. The UpDowntowners stand ready and willing to assist in whatever way possible to implement said ordinance. Moved by Buck, seconded by Dell that the above comments be received and placed on file. Motion carried. 95174 - Hugh Field, City Attorney, stated that labor strategy is an approved topic of Executive Session as authorized by Iowa Code, Chapter 20.16. Moved by Fox, seconded by Buck that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 95175 - Moved by Buck, seconded by Wright that the Council adjourn the Executive Session. Ayes: Seven. Motion carried. ADJOURNMENT 95176 - Moved by Wright, seconded by Buck that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor