HomeMy WebLinkAbout03/11/91March 11, 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 March 11, 1991. Mayor Pro Tem Robert J. Brown
in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Councilperson Sammie Dell
Pledge of Allegiance: Councilperson Dave Buck
97068 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on March 11, 1991, at
7:00 p.m., and the Minutes of the Regular Session on March 4, 1991, at 7:00
p.m., be accepted and approved. Motion carried.
HEARINGS
97069 - Moved by Angel, seconded by Fox
that proof of publication of notice of public hearing on request of Powers
Manufacturing Company to vacate, sell and convey Union Street, as published in
the Waterloo Courier on March 1, 1991, be received and placed on file. Motion
carried.
97070 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro
Tem called for written and oral objections and there were none.
Moved by Dell, 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.
97071 - Moved by Budak, seconded by Wright
that "an Ordinance vacating Union Street", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion carried.
97072 - Moved by Buck, seconded by Dell
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
97073 - Moved by Budak, 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.
97074 - Moved by Wright, seconded by Buck
that "an Ordinance vacating Union Street", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3772.
97075 - Moved by Dell, seconded by Wright
that "Resolution authorizing sale and conveyance of Union Street to Powers
Manufacturing Company for $8,820.00, plus costs", be adopted and City Attorney
instructed to prepare and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-102.
97076 - Moved by Buck, seconded by Wright
that proof of publication of notice of public hearing on request of Keith
Dyball to rezone from "R-4" Multiple Family Residence District to "C-1"
Commercial District and "C -Z" Conditional Zoning District property generally
located on the northeast corner of Leland and Sunnyside Avenues, as published
in the Waterloo Courier on March 1, 1991, be received and placed on file.
Motion carried.
March 11, 1991 Page 2
Hearings - continued
97077 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro
Tem called for written and oral objections.
Bob Stevenson, city Planner, stated that petitions have been received opposing
the request representing 53 percent of those within 250 feet of the request
and a petition representing 17 percent in favor of the request. This petition
of opposition will require three-fourths vote of the City Council for passage.
The requested rezoning would allow Dyball's to legally exist at the site, but
should the business move from the location, any use permitted within a "C-1"
Commercial District could locate there.
Paul Robertson, 1011 Rainbow Drive and owner of property at the corner of
University Avenue and Virden Street, opposed the zoning request.
Roman Frackiewicz, 214 Leland Avenue, supported Dyball's location but worried
about possible future uses at this location if Dyball were to go out of
business at this location.
Keith Dyball, owner of property at 232 and 236 Leland Avenue, stated that he
had received the necessary permits from the Building Department to build the
storage building and garage. He stated that in 1979, the then Building
Official stated that storage of contractor material at the 232 Leland Avenue
address was appropriate. The building is used for storage of acoustical
ceiling tiles and scaffolding. He allows no retail sales on the premises and
does not have a showroom. Approximately one to two material trucks per month
drop off at this location.
Councilperson Fox questioned whether or not an agreement could be drawn up with
the neighborhood that would satisfy both the applicant and the neighbors.
Mary Potter, 207 Leland Avenue, did not object to Dyball remaining in business
at this location but objected to the commercial zoning that would remain should
the business leave this location.
Bob Stevenson, City Planner, stated that the staff had recommended denial of
the request, but that the Planning, Programming and Zoning Commission had
recommended approval.
Steve Daniels, attorney representing Keith Dyball, asked that action on this
item be delayed to allow them to meet with the neighborhood to possibly draw up
an agreement that may be suitable to all.
Tina Richardson, 223 Leland Avenue, did not object to the presence of Dyball's
business but feared what might be permitted on the property if it were rezoned.
Ron Dyball, son of Keith Dyball and
who made the original complaint to
explained that city staff was aware
improperly zoned area due to its
enforcement officer was also involved
Moved by Budak, seconded by Fox
employee of Dyball Acoustics, questioned
initiate the rezoning request. It was
of the existence of this business in an
review of the 218 corridor. The code
with pursuing the violation.
that the hearing be closed and petitions of objection and support and the
recommendation of approval of the Planning, Programming and Zoning Commission
and oral and written comments, be received and placed on file and the ordinance
tabled for two weeks. Ayes: Seven. Motion carried.
97078 - Moved by Dell, seconded by Angel
that proof of publication of notice of public hearing on amendments to Zoning
Ordinance No. 2479, as amended, as it pertains to definition of group homes for
persons with disabilities and allowing said group homes to be located in all
residential districts as a permitted use, as published in the Waterloo Courier
on March 1, 1991, be received and placed on file. Motion carried.
March 11, 1991
Page 3
Hearings - continued
97079 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro
Tem called for written and oral objections.
Milton Mikesh, 3124 West Fourth Street, cited several police calls that had
been made to a group home near his residence. He also cited reports of child
molestation cases that have resulted from persons living at this group home.
He objected to the proposal to allow group homes within similarly zoned
residential areas.
Tom Kapanka, 104 Berkshire Road, spoke against the proposed change.
Herb Lentsch, 715 Martin Road, objected to the proposal and cited incidences of
nearby group homes where questionable activities had taken place.
Lee Bedore, secretary of the Board of Directors of Exceptional Persons, Inc.,
presented a prepared statement. He commended the City of Waterloo for
recognizing the need to bring the zoning ordinance in compliance with the
Federal Fair Housing Act. He stated that the agency is willing to discuss with
any citizen concerns they may have about services to people with handicaps.
Al Manning, 919 Fairview Avenue, supported the requested change and stated that
the incidences that have been relayed by people at the microphone this evening
are examples of discrimination of handicapped people.
Joan Takin, 3030 West Fourth Street, objected to the proposal and again
provided several incidences involving group home residents near her home.
Barb Brown, president of the Community Mental Health Centers Association of
Iowa, presented a prepared statement concerning the proposed changes. She
applauded the Council for bringing the city zoning ordinance in compliance with
the protection that is afforded disabled persons under Federal Fair Housing
Laws.
Shirley Mikesh, 3124 West Fourth Street, stated that she feared for her safety
with the close proximity of such a residence and had on occasion complained to
the supervisor concerning the actions of the residents.
Shirley Koslowski, 816 Archer Avenue, challenged the Council to vote for this
amendment not because it was a requirement of federal law but because they felt
that these changes need to be made for the good of the handicapped in our area.
Moved by Buck, 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.
97080 - Moved by Angel, seconded by Wright
that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it
pertains to definition of group homes for persons with disabilities and
allowing said group homes to be located in all residential districts as a
permitted use", be received, placed on file, considered and passed for the
first time. Ayes: Seven. Motion carried.
PETITIONS FROM PUBLIC
97081 - Moved by Buck, seconded by Wright
that communication from City Planner transmitting request of Douglas Conley and
Calvin Brown to vacate, sell and convey the unimproved portion of alley
adjoining the rear of property located at 631 Linden 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 April 1,
1991 at 7:00 p.m. in the City Hall Council Chambers on the above request", be
adopted and Clerk/Auditor instructed to publish notice of same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-103.
March 11, 1991 Page 4
Petitions from Public - continued
97082 - Moved by Buck, seconded by Wright
that communication from Waterloo Harley Owners Group transmitting Iowa
Department of Transportation application to Adopt -A -Highway for litter removal
on Highway 21 between San Marnan Drive and Orange Road be received, placed on
file and "Resolution approving said application", be adopted and Mayor Pro Tem
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-104.
97083 - Moved by Buck, seconded by Wright
that communication from Assistant City Engineer transmitting request of Cedar
Valley Corporation for a variance of Chapter 25.5 of the Noise Control
Ordinance from March 18, 1991 to June 21, 1991 in conjunction with F.Y. 1991
Randall Street Sanitary and Storm Sewer Replacement, Contract No. 390, 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 Pro Tem assigned No. 1991-105.
REPORTS
97084 - Moved by Fox, seconded by Buck
that communication from City Planner transmitting the proposed Fiscal Year
1992-1996 General Obligation Bond List, together with recommendation of
approval of the Planning, Programming and Zoning staff and the Public Works
Committee, be received, placed on file and "Resolution approving said Proposed
Fiscal Year 1992-1996 General Obligation Bond List", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-106.
DOCUMENTS
97085 - Moved by Angel, seconded by Buck
that communication from Transportation Program Manager transmitting
Construction Engineering Contract with Wayne Claassen Engineering and
Surveying, Inc. for Shaulis Road Reconstruction, M-6470(5)--81-07, together
with recommendation of approval, be received, placed on file and "Resolution
approving said contract", be adopted and Mayor Pro Tem and Clerk/Auditor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-107.
97086 - Moved by Angel, seconded by Buck
that communication from Community Development Administrator transmitting
Contracts, Bonds and Certificates of Insurance from American Demolition
Corporation of Cedar Rapids, Iowa for the Rath Packing Company Demolition -
Phase I, be received, placed on file and "Resolution approving said documents",
be adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-108.
97087 - Moved by Angel, seconded by Buck
that communication from Assistant City Engineer transmitting Contracts, Bonds
and Certificates of Insurance from Kenko Inc. Contractors of Minneapolis,
Minnesota in the amount of $1,917,688.83 for the F.Y. 1991 Intercity
Interceptor, Stage VIII - Treatment Plant to West 18th Street, Contract No.
392, be received, placed on file and "Resolution approving said documents", be
adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-109.
March 11, 1991 Page 5
Documents - continued
97088 - Moved by Angel, seconded by Buck
that communication from Community Development Director transmitting an
application for federal financial assistance for asbestos removal and clearance
in conjunction with demolition of former Rath Packing Company site, be
received, placed on file and "Resolution authorizing submission of said
application", be adopted and Mayor Pro Tem authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-110.
RESOLUTIONS TO BE ADOPTED
97089 - Moved by Dell, seconded by Fox
that plans, specifications, form of contract, etc., for the Closed -Loop Grid
Traffic Control System, Downtown Subsystem "M", IX -6453(3)--79-07, Contract No.
370, be received, placed on file and "Resolution setting date of hearing as
March 18, 1991, at 7:00 p.m. in the City Hall Council Chambers", be adopted and
Clerk/Auditor instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-111.
97090 - Moved by Dell, seconded by Fox
that "Resolution fixing date of hearing as March 25, 1991 at 7:00 p.m. in the
City Hall Council Chambers on the proposition of the issuance of $5,000,000
General Obligation Bonds for an Essential Corporate Purpose", be adopted and
Clerk/Auditor instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-112.
97091 - Moved by Dell, seconded by Fox
that "Resolution fixing date of hearing as March 25, 1991, at 7:00 p.m. in the
City Hall Council Chambers on the proposition of the issuance of $75,000
General Obligation Bonds for a General Corporate Purpose (City Hall)", be
adopted and Clerk/Auditor instructed to publish notice of same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-113.
97092 - Moved by Dell, seconded by Fox
that "Resolution fixing date of hearing as March 25, 1991, at 7:00 p.m. in the
City Hall Council Chambers on the proposition of the issuance of $75,000
General Obligation Bonds for a General Corporate Purpose (Stadium)", be adopted
and Clerk/Auditor instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-114.
97093 - Moved by Dell, seconded by Fox
that "Resolution fixing date of hearing as March 25, 1991, at 7:00 p.m. in the
City Hall Council Chambers on the proposition of the issuance of $60,000
General Obligation Bonds for a General Corporate Purpose (Recreation Center
Roof)", be adopted and Clerk/Auditor instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-115.
ORDINANCES TO BE ADOPTED
97094 - Moved by Fox, seconded by Buck
that "an Ordinance re-establishing the Downtown Self -Supported Municipal
Improvement District (SSMID)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3773.
March 11, 1991 Page 6
Ordinances to be Adopted - continued
97095 - Moved by Buck, seconded by Angel
that "an Ordinance amending the 1988 Code of Ordinances by: Adding Subsection
(h) to Section 33-10, Curb Cuts: Permit from the City Engineer required;
Application; Approval of Plans by the City Engineer; Criteria; Construction
Standards; Violation to Constitute a Nuisance and an Offense; Fees; Appeal;
Contractor's Bond Required, of Article I, in General, of Chapter 33, Streets
and Sidewalks; and by repealing Subsection 33-69, Contractor's Bond: Required;
Amount; Terms and Conditions, of Division 2, Construction, of Article IV,
Sidewalks, of Chapter 33, Streets and Sidewalks; and by enacting in lieu
thereof a New Subsection 33-69, Contractor's Bond: Required; Amount; Terms and
Conditions, of Division 2, Construction, of Article IV, Sidewalks, of Chapter
33, Streets and Sidewalks (combining sidewalk and street bonds to a
right-of-way construction bond)", be received, placed on file, considered and
passed for the second time. Ayes: Seven. Motion carried.
97096 - Moved by Buck, seconded by Fox
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
97097 - Moved by Wright, seconded by Angel
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.
97098 - Moved by Budak, seconded by Dell
that "an Ordinance amending the 1988 Code of Ordinances by: Adding Subsection
(h) to Section 33-10, Curb Cuts: Permit from the City Engineer required;
Application; Approval of Plans by the City Engineer; Criteria; Construction
Standards; Violation to Constitute a Nuisance and an Offense; Fees; Appeal;
Contractor's Bond Required, of Article I, in General, of Chapter 33, Streets
and Sidewalks; and by repealing Subsection 33-69, Contractor's Bond: Required;
Amount; Terms and Conditions, of Division 2, Construction, of Article IV,
Sidewalks, of Chapter 33, Streets and Sidewalks; and by enacting in lieu
thereof a New Subsection 33-69, Contractor's Bond: Required; Amount; Terms and
Conditions, of Division 2, Construction, of Article IV, Sidewalks, of Chapter
33, Streets and Sidewalks (combining sidewalk and street bonds to a
right-of-way construction bond)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3774.
BILLS PAYMENT
97099 - Moved by Angel, seconded by Buck
that "Resolution approving Schedule A918, pp. 1-58, in the amount of
$1,036,506.47, dated March 11, 1991, copies of which are on file in the
Clerk/Auditor's Office", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-116.
NEW BUSINESS
97100 - Moved by Wright, seconded by Buck
to instruct Parks and Forestry Director to prepare plans, specifications, form
of contract, etc. for the Municipal Stadium Field Lighting Contract, be
received, placed on file and approved. Motion carried.
97101 - Moved by Wright, seconded by Buck
that plans, specifications, form of contract, etc., for the Municipal Stadium
Field Lighting Contract, be received, placed on file and "Resolution
preliminarily approving the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-117.
March 11, 1991 Page 7
New Business - continued
97102 - Moved by Wright, seconded by Buck
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as March 25, 1991, at 7:00 p.m. in the City
Hall Council Chambers on the above project", be adopted and Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-118.
97103 - Moved by Wright, seconded by Buck
to instruct Waterloo Housing Director to prepare plans, specifications, form of
contract, etc., for the Ridgeway Towers Fire Protection Project, be received,
placed on file and approved. Motion carried.
97104 - Moved by Wright, seconded by Buck
that plans, specifications, form of contract, etc., for the Ridgeway Towers
Fire Protection Project, be received, placed on file and "Resolution
preliminarily approving the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-119.
97105 - Moved by Wright, seconded by Buck
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as April 1, 1991, at 7:00 p.m. in the City
Hall Council Chambers on the above project", be adopted and Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-120.
Travel Requests
97106 - Moved by Wright, seconded by Buck
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. John Kehoe, Chief Electrical Inspector, to attend 53rd Annual Educational
& Business meeting of the Iowa Chapter of the International Association of
Electrical Inspectors in Marshalltown, Iowa, on April 4 and 5, 1991, with
costs not to exceed $211.50, including the use of City vehicle.
2. James Sullivan and William Youngblut, Maintenance Electricians, to attend
Iowa Chapter International Association of Electrical Inspectors in
Marshalltown Iowa, on April 4 and 5, 1991, with costs not to exceed
$430.00.
Motion carried.
MISCELLANEOUS
97107 - Moved by Wright, seconded by Buck
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 cigarette permit application,
application for going out of business and application for dance license, be
received, placed on file and approved:
1. Beer License Permit Application
Class C
Walgreens, 2323 Crossroads Boulevard (New Owner) (Expires 4/29/92)
(Includes Sunday Sales)
March 11, 1991 Page 8
Miscellaneous - continued
2. Beer and Wine License Permit Application
Class E
Midtown Foods, 710 Broadway (New Owner) (Expires 3/12/92) (Includes Sunday
Sales)
Coastal Mart #1097, 508 North Broadway (Renewal) (Expires 3/31/92)
(Includes Sunday Sales)
Coastal Mart #1038, 1415 Logan Avenue (Renewal) (Expires 3/31/92)
(Includes Sunday Sales)
3. Beer and Liquor License Permit Application
Class C
Park Road Inn, 306 Park Road (Renewal) (Expires 3/13/92) (Includes Sunday
Sales)
4. Liquor License Permit Application
Class A Club
Knights of Pythias, 244 Ash Street (Renewal) (Expires 3/8/92) (Includes
Sunday Sales)
Cigarette Permit Application
One (1)
Application for Going Out of Business
Craft Corner, Crossroads Center (60 days)
Application for Dance License
National Cattle Congress, 300 Rainbow Drive
Motion carried.
BONDS
97108 - Moved by Angel, seconded by Budak
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through March 11, 1991, be received, placed on file and report
and bonds approved. Motion carried.
ORAL PRESENTATIONS
97109 - Dan Roth, representing the Black Hawk County Farm Bureau, presented a
resolution of the Black Hawk County Board of Supervisors concerning the
proposed expenditures of the local option sales tax if approved by Black Hawk
County residents outside the five contiguous areas (See CR 97041). The
resolution indicates that proceeds would be used 100 percent for property tax
relief. Mayor Pro Tem Bob Brown stated that no action could be taken on this
evening's agenda since it was not a part of the posted agenda. Discussion was
heard on why this item was not on the agenda for this evening's meeting.
This resolution will be placed on the City Council agenda of March 18, 1991 for
consideration.
Moved by Buck, seconded by Angel
that the above oral comments be received, placed on file and the Council
adjourn at 9:10 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor