HomeMy WebLinkAbout01/16/90January 16, 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 16, 1990. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Brown. Absent: Budak.
Invocation by: Mayor Bernard McKinley
Pledge of Allegiance: Pack 559, Den 3
95112 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on January 16, 1990, at
7:00 p.m., and the Minutes of the Regular Session on January 8, 1990, at 7:00
p.m., be accepted and approved. Motion carried.
HEARINGS
95113 - Moved by Angel, seconded by Dell
that proof of publication of notice of public hearing on 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, 'as published in the Waterloo Courier on
January 5, 1990, be received and placed on file. Motion carried.
95114 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Don Temeyer, Planning and Development Director, indicated that the U.S. Highway
218 Corridor Gateway Committee recommendations cover an eight mile wide area
through the community. The Gateway, the first impression that many visitors to
our community will encounter, will be an important transportation link for our
community and will be one of the few opportunities we have to create a good
impression of our City. The ordinance that is being presented is modeled after
an award winning ordinance by the City of San Diego, California. The ordinance
contains provisions relating to landscaping, signage and the creation of a
design review board. The sign regulations, as proposed, would allow for the
construction of a new sign every 750 feet. The design review board would
consist of seven members, including three professionals and four citizens.
Virgil Wallace, 2016 Howard Avenue, objected to the proposed ordinance. He
opposed the requirement that 25 percent of the land area be devoted to
landscaping. He stated that property taxes are already too high and it will be
a deterrent to reinvest within our community. The area required to be
landscaped will be unproductive property for the property owner, and that the
City will be collecting taxes on this area.
Betty Fuller, 950 Sheffield Avenue, objected to the proposed ordinance. She
suggested that everyone in the community pay for the requirements contained in
the ordinance and not just the landowners.
Randy Wallace also objected to the proposed ordinance. He questioned the need
to regulate business that is not yet there.
Jim Blackledge, owner of property adjacent to the corridor, commended the
Gatewdy Committee for their recommendations. He suggested that the City look
at alternatives as has been done in other conmiunities to lower the landscaping
requirement of 25 percent. He also objected to the sign ordinance provisions.
Rick Young, representing the Cedar Valley Chain of Lakes, supported the
adoption of the ordinance. He presented a letter of support of the design
standards and review process.
Jim Lawrence, President of the Waterloo Chamber of Commerce, supported the
proposed ordinance. The Chamber Executive Committee had also recommended that
the moratorium on off -premise signs continue until the official opening of the
highway.
January 16, 1990 Page 2
Hearings - continued
Bill Malady, 111 South Street, questioned the landscaping requirements and the
maintenance agreement that property owners will be required to sign.
Craig Ritland, Chairperson of the Landscaping Committee, indicated the
committee's support for the 25 percent landscaping figure.
Kathy Oberle, 710 Forest Avenue, indicated that 25 percent for landscaping was
far too much.
Jim Blackledge indicated that the Comfort Inn on LaPorte Road would not conform
to the ordinance since only 21 percent of the land is landscaped. He
suggested that the ordinance include a credit for property owners who do
landscaping within the public right-of-way.
Jan Anderson, representing the Ramada Hotel, asked the City's support in
obtaining directional signs along the highway after the freeway is constructed.
It is vital for their survival and the economic development of the community.
Sue Fleege, representing Display Outdoor, Inc. and a member of the Gateway
Committee, stated that businesses must be given an opportunity to be seen
through off -premise signage. Support of the ordinance is an asset to
Waterloo's future development.
Hugh Copland, a member of the Gateway Committee, supported the ordinance. He
indicated that this is our one opportunity to have a significant impact upon
the image of our community.
Jim Blackedge suggested the landscaping requirements be flexible with a range
of 15 to 25 percent of the area for landscaping purposes.
City Attorney Hugh Field stated that flexibility of the landscaping requirements
would be difficult for the committee to enforce and that a definite percentage
be a part of the ordinance.
Bud Graham reported that he had recently moved his business to Waterloo from
Cedar Falls. He opposed 25 percent landscaping requirement.
Bob Stevenson, City Planner, stated that the ordinance does allow for the 25
percent landscaping requirement to be reduced to 19 percent if additional trees
are planted.
John Nagle, 1405 Huntington Road, questioned portions of the sign ordinance.
Moved by Brown, seconded by Angel
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and the Gateway Committee and oral and
written comments, be received and placed on file. Motion carried.
95115 - Moved by Dell, seconded by Angel
that "an Ordinance amending the Waterloo Zoning Ordinance No. 2479, as amended,
by adding Part XVIII(A), Highway Corridor Overlay District (H -C) (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 first time with an amendment that no billboards be allowed in the
highway corridor, with a sunset clause that the restriction apply after the
highway is constructed. Ayes: Six. Absent: Budak. Motion carried.
PETITIONS FROM PUBLIC
95116 - Moved by Buck, seconded by Wright
that communication from City Planner transmitting request of Stetson Building
Products Co., 326 West 17th Street, located adjacent to Prairie Construction,
for a variance to the building moratorium on Relocated U.S. Highway 218
Corridor to attach two (2) 21' x 6' signs to existing building, together with
Page 3
January 16, 1990
Petitions from Public - continued
recommendation of approval of the Planning, Programming and Zoning Commission
and the Gateway Committee, be received, 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 City Clerk/Auditor
instructed to publish notice of same. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-23.
95117 - Moved by Buck, seconded by Wright
that communication from City Planner transmitting request of Ron Scally
Collision Repair and Sales, 2083 Plymouth Avenue, for a variance to the
building moratorium on Relocated U.S. Highway 218 Corridor to attach a sign to
existing building, fence a 40' x 90' area in the rear of the building, and to
provide hard surface parking for the- display area, together with recommendation
of approval of the Planning, Programming and Zoning Commission and the Gateway
Committee, be received, 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 City Clerk/Auditor instructed to
publish notice of same. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-24.
95118 - Moved by Buck, seconded by Wright
that communication from City Planner transmitting request to vacate and convey
to the State of Iowa the alleys located between West Tenth Street and West
Mullan Avenue and between Washington Street and Bluff Street for use as
right-of-way for Relocated U.S. 218, 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 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: Six. Absent:
Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-25.
95119 - Moved by Buck, seconded by Wright
that communication from City Planner transmitting request of Larry Wolff for an
amended site plan for property generally located at the southeast corner of
Ansborough and Downing Avenues for curb cuts on Ansborough and Downing and two
10' x 10' post signs, together with recommendation of approval of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
approving amended site plan request", be adopted. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-26.
95120 - Moved by Buck, seconded by Wright
that communication from City Planner transmitting request of Mary Evans to
change the existing "C -Z" Conditional Zoning for property located at 1137
Dundee Avenue from a jewelry store to a psychic palm reading service, 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 5, 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: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-27.
January 16, 1990 Page 4
DOCUMENTS
95121 - Moved by Buck, seconded by Wright
that communication from Transportation Program Manager transmitting Certificate
of Completion and Final Acceptance of Agreement Work for work performed by
Brice, Petrides -Donohue in conjunction with San Marnan, Phase I,
IX -6498(2)-79-07, together with recommendation of approval, be received, placed
on file and "Resolution approving said documents", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-28.
95122 - Moved by Fox, seconded by Wright
that communication from Transportation Program Manager transmitting
Supplemental Agreement No. 3 with Brice, Petrides -Donohue for final design of
paving improvements for 12 side streets in conjunction with the Sixth Street
Extension, IX -6604(1)--79-07, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor and City Clerk/Auditor
authorized to execute same. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-29.
RESOLUTIONS TO BE ADOPTED
95123 - Moved by Fox, seconded by Wright
that "Resolution authorizing sale and conveyance of a garage located at 3930
Sager Avenue for $125.00 to Stephen A. Clabby to be moved in conjunction with
the Greenhill/Sager and Sixth Street Extension Projects", be adopted and City
Attorney instructed to prepare and deliver a bill of sale accordingly. Ayes:
Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-30.
95124 - Moved by Buck, seconded by Angel
that "Resolution transferring from the General Fund the sum of $39,746.63 to
the Special Assessment Bond Fund", be adopted. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-31.
95125 - Moved by Buck, seconded by Angel
that "Resolution authorizing the total acquisition contract payments and
accepting of deeds for real property for Parcel Nos. 620 (John D. Eveland), 626
(Merton L. McDougall) and 820 (Charles W. Schwartz) in conjunction with Sixth
Street Extension, IX -6604(2)--79-07", be adopted. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-32.
95126 - Moved by Buck, seconded by Angel
that "Resolution authorizing the removal of parking meters on West 4th Street
from Washington to Bluff; on East 2nd Street from Franklin to Mulberry; and on
Jefferson Street from Westfield to Mullan", be adopted. Ayes: Six. Absent:
Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-33.
95127 - Moved by Buck, seconded by Angel
that "Resolution approving compromising of special sewer assessment for
property known as Decathlon Club in the City of Waterloo", be tabled for one
week. Motion carried.
Islas
January 16, 1990
Page 5
ORDINANCES TO BE ADOPTED
95128 - The Mayor announced that the time had arrived for discussion on the rezoning
request of Wilbur Heronimous to rezone from "M-1" Light Industrial District to
"R-2" One and Two Family Residential District.
Ava Dunlap, 3961 Wagner Road, opposed the rezoning.
Lorna Heronimous, 3865 Wagner Road, questioned the contents of the aviaonics
easement. She reported that a meeting of the neighborhood residents had not
been held as was stipulated at the prior Council meeting.
Moved by Brown, seconded by Dell
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 second
time with the stipulation that the third reading of the ordinance not be read
until all property owners have signed said easements. Ayes: Six. Absent:
Budak. Motion carried.
95129 - Moved by Buck, seconded by Dell
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 259 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 second time with the
stipulation that the third reading of the ordinance not be read until all
property owners have signed said easements. Ayes: Six. Absent: Budak.
Motion carried.
95130 - Moved by Brown, seconded by Angel
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Section 31-3, Deceiving Peace Officer, of Chapter
31, Police (repealing section regarding deceiving an officer)", be received,
placed on file, considered and passed for the first time. Ayes: Six. Absent:
Budak. Motion carried.
95131 - Moved by Dell, seconded by Brown
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Six. Absent: Budak. Motion carried.
95132 - Moved by Buck, 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: Budak. Motion carried.
95133 - Moved by Brown, seconded by Dell
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Section 31-3, Deceiving Peace Officer, of Chapter
31, Police (repealing section regarding deceiving an officer)", be adopted.
Ayes: Six. Absent: Budak.
Ordinance adopted and upon approval by Mayor assigned No. 3692.
95134 - Moved by Dell, seconded by Wright
that "an Ordinance amending the 1988 Traffic Code by adding Subsection (2)
Jefferson Street to Section 562B, Four Hour Parking (establishing 4 hour
parking on Jefferson Street from Westfield to Mullan)", be received, placed on
file, considered and passed for the first time. Ayes: Six. Absent: Budak.
Motion carried.
January 16, 1990 Page 6
Ordinances to be Adopted - continued
95135 - Moved by Brown, seconded by Buck
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Six. Absent: Budak. Motion carried.
95136 - Moved by Wright, seconded by Fox
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: Budak. Motion carried.
95137 - Moved by Fox, seconded by Angel
that "an Ordinance amending the 1988 Traffic Code by adding Subsection (2)
Jefferson Street to Section 562B, Four Hour Parking (establishing 4 hour
parking on Jefferson Street from Westfield to Mullan)", be adopted. Ayes:
Six. Absent: Budak.
Ordinance adopted and upon approval by Mayor assigned No. 3693.
BILLS PAYMENT
95138 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-42, in the amount of
$1,288,066.81, and Schedule W900, pp. 1, in the amount of $52,070.35, copies of
which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five.
Absent: Budak. Abstain: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1990-34.
NEW BUSINESS
95139 - Moved by Buck, seconded by Wright
to instruct the Planning and Development Director to prepare plans,
specifications, form of contract, etc., for renovation of the former East Side
Library, be received and placed on file. Motion carried.
95140 - Moved by Buck, seconded by Wright
that plans, specifications, form of contract, etc., for the renovation of the
former East Side Library, be received, placed on file and "Resolution
preliminarily approving same", be adopted. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-35.
95141 - Moved by Buck, seconded by Wright
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as February 5, 1990 at 7:00 p.m. in the City
Hall Council Chambers on the renovation of the former East Side Library", be
adopted and City Clerk/Auditor instructed to publish notice of hearing
accordingly. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1990-36.
Travel Requests
95142 - 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. Louis Cutwright, Jr., Building Official, to attend Building Inspection
Course in Madison, Wisconsin, on January 29 -February 2, 1990, with costs
not to exceed $725.00, including the use of City vehicle.
January 16, 1990 Page 7
2. Timothy Powers, Fire Equipment Operator, to attend Grantsmanship Training
Program in Kansas City, Missouri, on January 22-25, 1990, with costs not
to exceed $845, including the use of City vehicle.
3. Louis Cutwright, Jr., Building Official, to attend Iowa Association of
Building Officials, Building Inspection Seminar in Waterloo, Iowa, on
February 14-16, 1990, with costs not to exceed $165.00.
Motion carried.
MISCELLANEOUS
95143 - Moved by Wright, seconded by Angel
that the following application for beer and liquor license be received, placed
on file and approved and endorsed application 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 C
Kum & Go, 2900 Falls Avenue (Renewal) (Expires 2/26/91) (Includes Sunday
Sales)
Cigarette License Permit Application
One (1)
Motion carried.
BONDS
95144 - Moved by Buck, seconded by Wright
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through January 16, 1990, be received, placed on file and report
and bonds approved. Motion carried.
ORAL PRESENTATIONS
95145 - L. C. Hennessey, 203 South Street, indicated that perhaps some school students
may be interested in planting tomato seeds as a part of an experiment by NASA.
Mel Smelzer, 2535 Temple Avenue, indicated that Marian Olson, 2205 Byron Avenue
and a next door neighbor, has many animals in her yard and presented the Mayor
with three dead rats. He indicated that he had contacted City officials
concerning this matter but had received no reaction.
Mayor McKinley stated that the Black Hawk County Health Department would be
contacted immediately.
Councilperson Wright indicated that a water problem exists at 1815 Mulberry
Street. This situation will be reviewed.
Hugh Field, City Attorney, stated that this item of discussion is an approved
topic of Executive Session as authorized by Iowa Code, Chapter 20.16.
Moved by Dell, seconded by Brown
the above comments be received and placed on file and that the Council adjourn
to Executive Session. Ayes: Six. Absent: Budak. Motion carried.
EXECUTIVE SESSION
95146 - Moved by Fox, seconded by Wright
that Council adjourn the Executive Session. Ayes: Six. Absent: Budak.
Motion carried.
January 16, 1990 Page 8
ADJOURNMENT
95147 - Moved by Buck, seconded by Brown
that the Council adjourn. Motion carried.
Larry P. Burger
City Clerk/Auditor