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HomeMy WebLinkAboutMinutes- 01/03/90January 8, 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 8, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Bob Brown Pledge of Allegiance: Boy Scout Troop #548 --Chris Jolley, David Moss, Shawn Stern, Tim Oesterle 95079 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on January 8, 1990, at 7:00 p.m. and the Minutes of the Organization Council Meeting on January 2, 1990, at 11:00 a.m. and the Minutes of the Regular Session on January 2, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 95080 - Moved by Dell, seconded by Brown that proof of publication of notice of public hearing on sale and conveyance of property generally located east of Greenhill Road and west of Letsch Road (2.17 acres of vacant land appraised at $20,000), as published in the Waterloo Courier on December 22, 1989, be received and placed on file. Motion carried. 95081 - 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 Wright 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. 95082 - Moved by Angel, seconded by Budak to receive, file and instruct Clerk/Auditor to open and read bids and refer to Planning, Programming and Zoning staff for review and recommendation (see CR 95110 for award of bid): Bidder Bid Amount Waterloo Company of Jehovah's Witnesses, Inc. $32,011.00 Motion carried. 95083 - Counciiperson Dell introduced Shelia Burt, a participant of the LIFT (Leadership Investment for Tomorrow) Program and Mr. Dell's shadow for the day. HEARINGS 95084 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on request of Wilbur Heronimous and other property owners to rezone 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, as published in the Waterloo Courier on December 22, 1989, be received and placed on file. Motion carried. 95085 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections. Molly Frazer, Assistant City Attorney, stated that it was the recommendation of the City Attorney's Office that the zoning only be approved if a restrictive covenant was placed on each of the properties requested to be rezoned to "R-2" One and Two Family Residential District. The covenants would restrict the air space overlying the airport and allow such noise as may be inherent during the operation of aircrafts; a property owner would not allow the obstruction to flight with the erection of a structure or object; and that the property owners would not use the premises in such a way as to create an electrical interference. January 8, 1990 Page 2 Hearings - continued Mrs. Wilbur Heronimous, 3865 Wagner Road, spoke in support of the request and explained that the reason for the rezoning was to allow property owners to make improvements to their property without Board of Adjustment approval. She also indicated that the Frank Cagleys, who reside across the street, had wanted to construct a home next to their property for use by their children but have found that the construction of a house in an industrial area is not allowed by the Zoning Ordinance. She stated that the property owners have a right to determine the use of their own land. Mayor McKinley reported that the Airport Commission has voiced opposition to the rezoning and outlined a newspaper article indicating the difficulties the Minneapolis Airport has had with conflicting adjacent land uses. It was stated that the Council could pass the first reading of this ordinance and then allow the property owners to review the easement agreements prior to the second reading of the ordinance. Moved by Dell, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. 95086 - Moved by Fox, 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", be received, placed on file, considered and passed for the first time with the stipulation that the second reading of the ordinance not be read until all property owners have signed said easement agreements. Ayes: Seven. Motion carried. 95087 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on request of Frank Cagley and William Fuller to rezone 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, as published in the Waterloo Courier on December 22, 1989, be received and placed on file. Motion carried. 95088 - 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 Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. 95089 - Moved by Dell, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 259 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time with the stipulation that the second reading of the ordinance not be read until all property owners have signed said easement agreements. Ayes: Seven. Motion carried. 95090 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on transfer of property generally located parallel with the abandoned I.N.R.C. railroad from just northwesterly of Upton Avenue to the west line of Fletcher Avenue (formerly Cleveland Street) to the Iowa Department of Transportation as part of the Relocated 218 right-of-way, as published in the Waterloo Courier on December 22, 1989, be received and placed on file. Motion carried. January 8, 1990 Page 3 Hearings - continued 95091 - 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 Angel, seconded by Buck that the hearing be closed. Motion carried. 95092 - Moved by Wright, seconded by Brown that "Resolution approving transfer of property generally located parallel with the abandoned I.N.R.C. railroad from just northwesterly of Upton Avenue to the west line of Fletcher Avenue (formerly Cleveland Street) to the Iowa Department of Transportation as part of the Relocated 218 right-of-way and rescinding Resolution No. 1989-656", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-12. DOCUMENTS 95093 - Moved by Brown, seconded by Dell that communication from Assistant City Engineer transmitting Completion Report and Recommendation of Acceptance for F.Y. 1989 Independence Avenue Area Storm Sewer Improvements, Contract No. 373, for work performed by Rampart Corporation, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-13. 95094 - Moved by Buck, seconded by Dell that Maintenance Bond in conjunction with F.Y. 1989 Independence Avenue Area Storm Sewer Improvements, Contract No. 373, from Rampart Corporation of Waterloo, Iowa, be received and placed on file. Motion carried. 95095 - Mayor McKinley administered the Oath of Office to Councilperson Rose Angel for the 1990-91 calendar year. Moved by Buck, seconded by Dell to receive and place on file the Oath of Office of Councilperson Rose Angel. Motion carried. RESOLUTIONS TO BE ADOPTED 95096 - Moved by Brown, seconded by Wright that "Resolution dedicating the eight (8) foot platted utility easement located between Lots 23 and 24 in Warren-Ernster Addition, 1220 North Barclay Street (for relocation of telephone lines)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-14. BILLS PAYMENT 95097 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-47, in the amount of $827,334.11, and Schedule W900, pp. 1, in the amount of $895.00, 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. 1990-15. January 8, 1990 Page 4 NEW BUSINESS 95098 - Moved by Budak, seconded by Brown to instruct City Engineer to prepare plans, specifications, form of contract, etc. for F.Y. 1990 Cloverdale Acres Area Stormwater Outlet Structure, Contract No. 379, be received and placed on file. Motion carried. 95099 - Moved by Budak, seconded by Brown that plans, specifications, form of contract, etc., for F.Y. 1990 Cloverdale Acres Area Stormwater Outlet Structure, Contract No. 379, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-16. 95100 - Moved by Budak, seconded by Brown 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 F.Y. 1990 Cloverdale Acres Area Stormwater Outlet Structure, Contract No. 379", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-17. 95101 - Moved by Budak, seconded by Brown to instruct City Engineer to prepare plans, specifications, form of contract, etc. for Waterloo Central Garage Re -Roofing, be received and placed on file. Motion carried. 95102 - Moved by Budak, seconded by Brown that plans, specifications, form of contract, etc., for Waterloo Central Garage Re -Roofing be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-18. 95103 - Moved by Budak, seconded by Brown 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 Waterloo Central Garage Re -Roofing", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-19. 95104 - Moved by Budak, seconded by Brown that communication from Waterloo Water Works Board of Trustees transmitting recommendation to certify an amount of $1,267.70 against property located at 1316 Mulberry Street for replacement of street services, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-20. 95105 - Moved by Budak, seconded by Brown that communication from Waterloo Water Works Board of Trustees transmitting recommendation to certify an amount of $213.45 against property located at 1587 Bowers for replacement of street services, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-21. January 8, 1990 Page 5 New Business - continued 95106 - Moved by Budak, seconded by Brown that communication from Mayor McKinley transmitting recommendation of reappointment of W. Ray Richardson to the Board of Park Commissioners, with expiration date of January 1, 1996, be received, placed on file and approved. Motion carried. Travel Requests 95107 - Moved by Buck, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Rick Tagtow, Parks Director, to attend International Society of Arboriculture Midwestern Chapter Annual Conference and Trade Show in Overland Park, Kansas, on January 29, 1990 - February 2, 1990, with costs not to exceed $400.00, including the use of City vehicle. 2. Bill Bachman, Park Department Superintendent of Planning, to attend Iowa Turfgrass Conference and Trade Show in Des Moines, Iowa, on January 29 and 30, 1990, with costs not to exceed $130.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 95108 - Moved by Buck, seconded by Angel 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 applications for Massage Technician Permit and cigarette license permit, be received, placed on file and approved: 1. Beer License Permit Application Class C Daisy Maid Store, 1206 West 9th Street (Renewal) (Expires 1/14/91) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Players Lounge, 109 Oneida Street (Renewal) (Expires 1/12/91) (Includes Sunday Sales) 3. Beer & Wine License Permit Application Class E Adams Grocery, 1010 Mitchell Avenue (Renewal) (Expires 1/10/91) (Includes Sunday Sales) Massage Business Permit Application River Plaza Athletic Club, 10 West Fourth Street Cigarette License Permit Application One (1) Motion carried. BONDS 95109 - Moved by Brown, seconded by Budak that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through January 8, 1990, be received, placed on file and report and bonds approved. Motion carried. January 8, 1990 Page 6 95110 - Moved by Wright, seconded by Dell that "Resolution approving sale and conveyance of property generally located east of Greenhill Road and west of LeLsch Road (2.17 acres of vacant land) to Waterloo Company of the Jehovah's Witnesses, Inc. in the amount of $32,011.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. (See CR 95082 for bids.) Resolution adopted and upon approval by Mayor assigned No. 1990-22. ADJOURNMENT 95111 - Councilperson Wright commended City staff for doing a great job and thanked them for their dedication. Moved by Buck, seconded by Wright that the City Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor