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HomeMy WebLinkAbout05/20/91May 20, 1991 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 May 20, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Angel, Buck, Wright, Budak, Brown. Fox present at 7:01 p.m. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Fire Chief Stan Stapella 97409 - Moved by Buck, seconded by Dell that the Agenda, as amended, for the Regular Session on May 20, 1991, at 7:00 p.m., and the Minutes of the Regular Session on May 13, 1991, at 7:00 p.m., be accepted and approved. Motion carried. Mayor McKinley recognized Lieutenant J. Tom Powers, Fire Equipment Operator Dennis Davis, Fire Fighter Michael Junk and Fire Fighter Larry Nading for their response to an emergency call on Saturday, April 27, 1991 at 1428 Franklin Street and saving the lives of two children who were trapped in a burning home. Their courage and professionalism speaks highly of their commitment to the department and to their profession. HEARINGS 97410 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing and notice to bidders for Shaulis Road Reconstruction, M-6470(5)--81-07, as published in the Waterloo Courier on May 10, 1991 be received and placed on file. Motion carried. 97411 - 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 "Resolution authorizing to proceed on said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-266. 97412 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on request of Richard and Junean Witham to rezone from "R-3" Multiple Residence District to "R-4" Multiple Residence District property generally located along the west side of Pheasant Lane, south of Olympic Drive, as published in the Waterloo Courier on May 3, 1991, be received and placed on file. Motion carried. 97413 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, noted that a petition of opposition was received from a property owner within 250 feet of the request representing 5.4 percent opposition. Mr. Stevenson also noted that the Planning, Programming and Zoning Commission recommended approval of the request subject to the restriction that multiple family residential condominium and row dwelling use be no more intensive than that which is allowed in a "R-3" Multiple Residence District. The applicants have agreed to this restriction. Bob Braun, attorney representing Richard and Junean Witham, spoke in favor of the request and density restriction and invited questions and comments concerning the rezoning. It was noted that Pheasant Lane would be extended to San Marnan Drive as a part of the development of property located east of this request. Moved by Dell, seconded by Buck that the hearing be closed and petition of objection 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. May 20, 1991 Page 2 Hearings - continued 97414 - Moved by Buck, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 263 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 97415 - Moved by Brown, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 97416 - Moved by Dell, seconded by Wright 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. 97417 - Moved by Budak seconded by Brown that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 263 to Section 2A-5 Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3783. 97418 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on Sidewalk Inspection and Repair Program - Zone 3, as published in the Waterloo Courier on May 7, 1991, be received and placed on file. Motion carried. 97419 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Tom Brasch, residing at 2902 Roland Avenue and owner of property at 726 West Mullan Avenue, objected to the notice requiring that a 3/4" separation between sections be filled. He indicated this is the way it was built and should not have to be reconstructed. Eric Thorson, City Engineer, stated that the Council has established a vertical and horizontal separation of 1/2" and,, therefore, this sidewalk section does not meet the criteria of the ordinance. Alan Lampman, 120 Kelly Court, reported that he and other property owners in Kelly Court do acknowledge that a sidewalk problem exists, but that the problem is due to a street problem. Pictures were presented showing the condition of the street and sidewalk area. Due to excessive water in the area, it appears that there is undermining of the street causing cracks in the pavement. Eric Thorson, City Engineer, stated that the staff is reviewing the problem and suggests that the Kelly Court sidewalk improvements be removed from the zone at the current time to allow complete assessment of the problem. Mr. Lampman also showed pictures that pointed out inspection inconsistencies by city inspectors. Several of the walks in the Kelly Court area were required to be repaired when others were not and were in similar disrepair. He asked that the city be consistent in their evaluations of sidewalk repair. Neil Jones, 1922 Harrow Road, commented about the water problems in the area and subsequent street and sidewalk problems. He asked whether he would be allowed to mudjack under the pavement and attempt to address the problem. He also stated that he had contacted nearly ten contractors to perform the sidewalk repairs but none were available at this time. He asked that the city consider giving longer time frames to property owners to obtain contractors for the repair. May 20, 1991 Page 3 Hearings - continued Eric Thorson, City Engineer, stated that in the city's experience, it was cheaper to rip up the pavement and lay new cement than mudjack. He also reported that the sidewalk inspectors have served notice to 742 property owners in Zone 3 and that the city is approximately two to three weeks ahead of schedule from last year. Dean Anfinson, 208 Elliott, Evansdale, and owner of property at 742 West Third Street, reported that he had received two assessment notices for the property and was somewhat confused. He explained that he had demolished the house on this lot and was told at the time of obtaining the building permit that he would not be assessed for sidewalk improvements until after the demolition. During the demolition process, portions of the sidewalk were broken. He also reported that he had lined up a contractor to perform the work, but the city has since had their contractor complete the sidewalk sections. He also complained of the chunks of concrete the contractor had left along the sidewalk making it difficult to mow and clean up. Councilperson Angel stated that she had also received complaints from property owners that the contractors had not properly cleaned the area upon completion of the work. Eric Thorson, City Engineer, asked that he be notified so that the contractor can be ordered to clean the area prior to final payment. Chris Hanson, 1601 Downing and owner of property at 637 Wallgate Avenue, asked that the city consider vacating the sidewalk at this location since it does not lead anywhere and few people use it. She was advised of the procedure for sidewalk vacation. Doug Gilbertson, 325 Farrington and residing at 232 Hillside Avenue, objected to the cost of new construction along the side lot line at a cost of $2,268. He noted that his deed of dedication required the construction of this sidewalk at the time of construction and questioned the city's requirement that it now be constructed. City Attorney Hugh Field noted that the deed of dedication is enforceable both by the city and the property owners within the subdivision. It was also suggested that it could be vacated. Staff will review the situation and report back to the Council. Gladys Wedeking, 406 Sunnyside Avenue, submitted a written petition of objection that will be reviewed by city staff. Moved by Brown, seconded by Dell that the hearing be closed and the above oral and written comments be received and placed on file. Motion carried. 97420 - Moved by Buck, seconded by Fox that "Resolution authorizing to proceed with Sidewalk Inspection and Repair Program - Zone 3", be adopted, with the exception of 726 West Mullan, 742 West 3rd, 325 Farrington, 637 Wallgate, 1922 Harrow Road, 120 Kelly Court and 406 Sunnyside Avenue. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-267. PETITIONS FROM PUBLIC 97421 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of Steve Harbaugh to vacate the five foot platted utility easements on Lots 4 and 5 in Audubon Park Second Addition and to dedicate 8 feet along the north side of Lot 4 for a utility easement, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 10, 1991 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-268. May 20, 1991 Page 4 Petitions from Public - continued 97422 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of Kim Kuenstling to vacate a portion of the ten foot platted utility easement along the north side of 739 Stephan 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 June 10, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-269. 97423 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of Evelyn Rohrssen to vacate a portion of the 25 foot platted building line along the east side of 1226 Julian 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 June 10, 1991 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-270. 97424 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of James and Nancy McClain to vacate, sell and convey the unimproved portion of Bluff Street between West Fourteenth and West Fifteenth Streets, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 10, 1991 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-271. 97425 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of James and Della Cafaro to vacate a portion of thirty foot platted building line along property located at 516 Excelsior Lane, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 3, 1991 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-272. 97426 - Moved by Dell, seconded by Fox that communication from City Planner transmitting site plan amendment request of National Bank of Waterloo to replace existing pole sign and flag pole on the westerly side of the bank property along National Drive with a ten foot high, eight foot wide monument sign and flag pole, together with recommendation of approval of the Planning, Programming and Zoning staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-273. 97427 - Moved by Dell, seconded by Fox that communication from City Engineer transmitting request of Rodney A. Hopka for a temporary concrete driveway to be located at 1525 Robin Road, 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. 1991-274. May 20, 1991 Page 5 Petitions from Public - continued 97428 - Moved by Dell, seconded by Fox that communication from City Engineer transmitting petitions for oiling of alleys to be completed during the summer of 1991 in conjunction with F.Y. 1992 Alley Oiling Assessment Program, Contract No. 424, be received, placed on file and City Engineer instructed to prepare assessment proceedings for formal action by the City Council. Motion carried. 97429 - Moved by Dell, seconded by Fox that communication from Ramada Hotel transmitting signage request to place temporary signs on 4th Street under the new overpass and the corner of South and 4th Streets due to the Relocated Highway 218 Project, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-275. REPORTS 97430 - Moved by Budak, seconded by Buck that communication from City Planner transmitting recommendation to lower the speed limit on Shaulis Road and Hess Road intersection from 45 mph to 35 mph and to place cross road sign on approaches to Shaulis Road be received, placed on file and City Attorney instructed to prepare an ordinance accordingly. Motion carried. DOCUMENTS 97431 - Moved by Angel, seconded by Brown that communication from City Planner transmitting Preliminary Plat of Burton Avenue Industrial Park, together with Deed of Dedication, and the recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-276. 97432 - Moved by Angel, seconded by Brown that communication from City Planner transmitting an application for Traffic Safety Improvement Program Funding to the Iowa Department of Transportation to install a right turn lane at the intersection of Ansborough Avenue and San Marnan Drive on the westbound approach of San Marnan Drive, be received, placed on file and "Resolution approving said application", be adopted and City Planner instructed to proceed with said application. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-277. 97433 - Moved by Angel, seconded by Brown that communication from City Planner transmitting contract with the state Historic Preservation Office to conduct a statewide training program on HDRP program and historic preservation, together with recommendation of approval, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-278. 97434 - Moved by Angel, seconded by Brown that communication from City Engineer transmitting an agreement with the Iowa Department of Transportation for RISE funding in conjunction with the F.Y. 1991 WCF&N Drive Frontage Road Paving, Contract No. 417, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-279. May 20, 1991 Page 6 Documents - continued 97435 - Moved by Angel, seconded by Brown that communication from Building Official transmitting Permit Writing Policy be received, placed on file and "Resolution approving said policy", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-280. 97436 - Mayor McKinley announced that the time had arrived for discussion on contracts for Golf Pros at the city golf courses. Councilperson Buck questioned the length of the contract, which is three years for each of the Pros. Hugh Field, City Attorney, stated that the three years is a traditional length of time and it also allows the Pros to plan for their financial needs and financing. Moved by Angel, seconded by Brown that communication from City Attorney transmitting South Hill, Byrnes Park and Gates Park Golf Course Pro Shop contracts, together with recommendation of approval, be received, placed on file and "Resolution approving said contracts", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-281. RESOLUTIONS TO BE ADOPTED 97437 - Moved by Fox, seconded by Angel that "Resolution authorizing the partial acquisition and temporary easement contracts and accepting the deeds and easements for Parcel Nos. 1 (Abdur & Tahira Rahim/Muhammad A. & Qamar N. Chowdhry), 2 (Wilson and Verla Tripp), 3 (Selma E. Beaumont), 4 (I.B. Pony, Inc.), 5 (Vernon T. McNulty), 6 and 7 (Cleo and Geraldine Youngblut), 8 and 10 (Wayne and Aniceta Claassen), 9 and 11 (Deere & Company), 12 (William and Shirley Day) in conjunction with North Elk Run Road Improvement Project, Contract No. 389", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-282. 97438 - Moved by Fox, seconded by Angel that "Resolution authorizing the partial and total acquisition contracts and accepting the deeds for Parcel Nos. 1 (Broadway Building Co.), 2 (Broadway Cleaners), 3 (Alva and Dorthy Rokes, and Tracy Rokes) and 4 (H.R.Z. Partnership) in conjunction with Broadway/Conger Traffic Improvement Project, Contract No. 394", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-283. 97439 - Michelle Temeyer, Deputy Clerk/Auditor, explained that the rate increases are based upon recommendation of approval of the Public Works Committee concerning perimeter parking rates. Currently, the rates are 25 cents and 50 cents for ten hours. The proposed resolution would increase those fees to 10 cents per hour. Moved by Fox, seconded by Angel that "Resolution amending Resolution No. 1989-49 which established parking regulations in the Central Business District increasing the parking rates in the perimeter areas from 25 cents and 50 cents for 10 hours to 10 cents per hour", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-284. May 20, 1991 Page 7 ORDINANCES TO BE ADOPTED 97440 - Moved by Buck, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 32 to Section 2A -7N Conditional Zoning Certain Property (request by Petcor N.A. Corp. to rezone from "C-2" Commercial District to "C -Z" Conditional Zoning property generally located along the south side of U.S. Highway 20, east of K -Line Drive)", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 97441 - Moved by Brown, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 97442 - Moved by Fox, seconded by Dell that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 97443 - Moved by Dell, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 32 to Section 2A -7N Conditional Zoning Certain Property (request by Petcor N.A. Corp. to rezone from "C-2" Commercial District to "C -Z" Conditional Zoning property generally located along the south side of U.S. Highway 20, east of K -Line Drive)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3784. 97444 - Moved by Buck, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by repealing Section 310, Daily Lot Fee, and by enacting in lieu thereof new Section 310, Daily Lot Fee (allow setting the rates for ten hour lots at ten cents per hour by resolution)", be received, placed on file, considered and passed for the first time. It was noted that this ordinance would allow the setting of lot fees by resolution. Upon approval of the ordinance, a resolution will be presented to the City Council for final action. Ayes: Seven. Motion carried. 97445 - Moved by Dell, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 97446 - Moved by Wright, seconded by Buck 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. 97447 - Moved by Brown, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by repealing Section 310, Daily Lot Fee, and by enacting in lieu thereof new Section 310, Daily Lot Fee (allow setting the rates for ten hour lots at ten cents per hour by resolution)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3785. May 20, 1991 Page 8 BILLS PAYMENT 97448 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-59, dated May 20, 1991, in the amount of $1,419,607.97, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-285. NEW BUSINESS 97449 - Moved by Brown, seconded by Angel that communication from Transportation Program Manager requesting authorization to proceed with Stage I of the traffic signal removal process at the intersection of Baltimore Street and Mitchell Avenue, be received, placed on file and "Resolution approving said authorization", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-286. 97450 - Moved by Brown, seconded by Angel that communication from City Planner transmitting request for a temporary truck embargo for Joy Drive from Hanna Boulevard to Maynard Avenue and for Maxine Avenue from Hanna Boulevard to Joy Drive from May 21 -June 30, 1991 in conjunction with Relocated U.S. Highway 218, IX -218-7(147)--3P-07, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-287. Travel Requests 97451 - Moved by Budak, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Cammie Scully, Assistant Director of Museum, to pick up/deliver artwork in Davenport/Chicago on June 24-25, 1991, with costs not to exceed $210.00, including the use of City vehicle. 2. Eric Thorson, City Engineer, to attend Asphalt Paving Association of Iowa 18th Annual Midyear Meeting in Dubuque, Iowa, on July 22-23, 1991, with costs not to exceed $145.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 97452 - Moved by Budak, seconded by Wright that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for temporary beer garden and application for outdoor service area be received, placed on file and approved. 1. Beer License Permit Application Class B Chamber of Commerce, 1000 Fletcher (14 days --5/31/91 - 6/13/91) (Includes Sunday Sales), together with request to transfer said license to each of the following locations: Byrnes Park, Cedar River, the Waterloo Airport and Water Street 2. Beer License Permit Application Class C Metro 66, 3201 West 4th (Renewal) (Expires 6/30/92) (Includes Sunday Sales) May 20, 1991 Page 2 Hearings - continued 97414 - Moved by Buck, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 263 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 97415 - Moved by Brown, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 97416 - Moved by Dell, seconded by Wright 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. 97417 - Moved by Budak seconded by Brown that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 263 to Section 2A-5 Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3783. 97418 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on Sidewalk Inspection and Repair Program - Zone 3, as published in the Waterloo Courier on May 7, 1991, be received and placed on file. Motion carried. 97419 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Tom Brasch, residing at 2902 Roland Avenue and owner of property at 726 West Mullan Avenue, objected to the notice requiring that a 3/4" separation between sections be filled. He indicated this is the way it was built and should not have to be reconstructed. Eric Thorson, City Engineer, stated that the Council has established a vertical and horizontal separation of 1/2" and, therefore, this sidewalk section does not meet the criteria of the ordinance. Alan Lampman, 120 Kelly Court, reported that he and other property owners in Kelly Court do acknowledge that a sidewalk problem exists, but that the problem is due to a street problem. Pictures were presented showing the condition of the street and sidewalk area. Due to excessive water in the area, it appears that there is undermining of the street causing cracks in the pavement. Eric Thorson, City Engineer, stated that the staff is reviewing the problem and suggests that the Kelly Court sidewalk improvements be removed from the zone at the current time to allow complete assessment of the problem. Mr. Lampman also showed pictures that pointed out inspection inconsistencies by city inspectors. Several of the walks in the Kelly Court area were required to be repaired when others were not and were in similar disrepair. He asked that the city be consistent in their evaluations of sidewalk repair. Neil Jones, 1922 Harrow Road, commented about the water problems in the area and subsequent street and sidewalk problems. He asked whether he would be allowed to mudjack under the pavement and attempt to address the problem. He also stated that he had contacted nearly ten contractors to perform the sidewalk repairs but none were available at this time. He asked that the city consider giving longer time frames to property owners to obtain contractors for the repair. May 20, 1991 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 May 20, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Angel, Buck, Wright, Budak, Brown. Fox present at 7:01 p.m. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Fire Chief Stan Stapella 97409 - Moved by Buck, seconded by Dell that the Agenda, as amended, for the Regular Session on May 20, 1991, at 7:00 p.m., and the Minutes of the Regular Session on May 13, 1991, at 7:00 p.m., be accepted and approved. Motion carried. Mayor McKinley recognized Lieutenant J. Tom Powers, Fire Equipment Operator Dennis Davis, Fire Fighter Michael Junk and Fire Fighter Larry Nading for their response to an emergency call on Saturday, April 27, 1991 at 1428 Franklin Street and saving the lives of two children who were trapped in a burning home. Their courage and professionalism speaks highly of their commitment to the department and to their profession. HEARINGS 97410 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing and notice to bidders for Shaulis Road Reconstruction, M-6470(5)--81-07, as published in the Waterloo Courier on May 10, 1991 be received and placed on file. Motion carried. 97411 - 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 "Resolution authorizing to proceed on said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-266. 97412 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on request of Richard and Junean Witham to rezone from "R-3" Multiple Residence District to "R-4" Multiple Residence District property generally located along the west side of Pheasant Lane, south of Olympic Drive, as published in the Waterloo Courier on May 3, 1991, be received and placed on file. Motion carried. 97413 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, noted that a petition of opposition was received from a property owner within 250 feet of the request representing 5.4 percent opposition. Mr. Stevenson also noted that the Planning, Programming and Zoning Commission recommended approval of the request subject to the restriction that multiple family residential condominium and row dwelling use be no more intensive than that which is allowed in a "R-3" Multiple Residence District. The applicants have agreed to this restriction. Bob Braun, attorney representing Richard and Junean Witham, spoke in favor of the request and density restriction and invited questions and comments concerning the rezoning. It was noted that Pheasant Lane would be extended to San Marnan Drive as a part of the development of property located east of this request. Moved by Dell, seconded by Buck that the hearing be closed and petition of objection 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. May 20, 1991 Page 9 Miscellaneous - continued 3. Beer & Liquor License Permit Application Class B Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/14/92) (Includes Sunday Sales) Goodies, 115 Sumner Street (Renewal) (Expires 6/9/92) (Includes Sunday Sales) Application for Temporary Beer Garden Waterloo Chamber of Commerce, Byrnes Park, Cedar River, the Waterloo Airport and Water Street Application for Outdoor Service Area Holiday Inn, 4th & Commercial --May 25, 1991 and August 10, 1991 Motion carried. BONDS 97453 - Moved by Angel, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through May 20, 1991, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 97454 - Ruth Fairbanks, 709 Lorraine Avenue and representative of the League of Women Voters, asked that the Council and others support the adoption of the National Voter Registration Act, which would allow for greater accessibility of voter registration at the vehicle registration offices. Mayor McKinley officially proclaimed Saturday, May 25, 1991 as Fourth Street Cruise Day and urged the community to support this great activity. Gary Sieben, 2002 Coachman Drive and partner in the AAA Electric Company, advised the Council of complaints he has received from his neighbors and subsequent follow-up from the Building Official office concerning the location of his business at his home. He advised them that he had purchased a building located at 204 Fletcher Avenue and that he will be moving into it probably by November 1991. The point of contention with the neighbors is the parking of company vehicles in the street. The Building Official's office has advised him that two vehicles would be permissible. He has found a location for one of the two vehicles that will be removed from the street and was asking that the Mayor and Council support him until he can move to his new location. It was noted that he originally had six vehicles on the street. Councilperson Dell asked what was being done about the restriction of parking on Steely Street between Glenwood Street and Alta Vista Avenue (see Cr 97398 of May 13, 1991). It was noted that the Council had denied the request for elimination of said parking and was looking for alternative truck routes in the area. Councilperson Dell asked what the city regulations were on the abandonment of swimming pools in residential areas. He stated that a serious situation exists and perhaps the city should consider some type of regulations to control similar situations if none currently exist. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 8:40 p.m. Motion carried. Michelle Temeyer Deputy Clerk/Auditor