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HomeMy WebLinkAbout11/09/92November 9, 1.992 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 Monday, November 9, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Fox, Angel, Wright, Budak, Lemke. Absent: Dell, Buck. Invocation: A Moment of Silence Pledge of Allegiance: Den 4 - Pack 17 --Andy Poe, Adam Sanchez, Adams Perkins, Matt Miehe, Ted Martens, Ryan McAnally. Mayor Manning read a proclamation declaring Friday, November 13, and Saturday, November 14, 1992, as special days to remember and commemorate the deaths of the Five Sullivan Brothers and to honor all veterans who served during World War II. Mayor Manning read a proclamation declaring the week of November 9, 1992 as "I Care Heating Assistance Week." 100201 - Moved by Angel, seconded by Wright that the Agenda, as proposed, for the Regular Session on Monday, November 9, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, November 2, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 100202 - Moved by Wright, seconded by Hudak that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids. for the F.Y. 1993 City Fueling Facility, Contract No. 451, as published in the Waterloo Courier on October 26, 1992, be received and placed on file. Motion carried. 100203 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Eric Thorson, City Engineer, noted that staff were requesting that bid opening be delayed until November 16, 1992 to allow contractors to respond to changes in the bid documents (addendum No. 2). Moved by Angel, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-630. 100204 - Moved by Budak, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-631. 100205 - Moved by Wright, seconded by Angel that the date bids are due on this contract be extended from November 9, 1992 to November 16, 1992. Motion carried. HEARINGS 100206 - Moved by Fox, seconded by Wright that proof of publication of notice of public hearing on request of Max Guernsey to vacate, sell and convey the remaining portion of Alexandra Circle, south of Southtown Drive for $9,353.00, plus costs, as published in the Waterloo Courier on October 30, 1992, be received and placed on file. Motion carried. 100207 - HOLD HEARING—This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. November 9, 1992 Page 2 Hearings - continued Bob Stevenson, City Planner, stated that the request was to vacate, sell and convey a portion of Alexandra Circle located south of Southtown Drive. Currently, this street is dead -ended and serves no current or anticipated future use. It was the Planning, Programming and Zoning Commission's recommendation that the property be sold for 50 cents per square foot for a total price of $9,353.00. An easement will be retained over the entire vacated right of way to accommodate a 10 inch sanitary sewer. Moved by Wright, seconded by Budak that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Motion carried. 100208 - Moved by Fox, seconded by Wright that "an Ordinance vacating the remaining portion of Alexandra Circle, south of Southtown Drive", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Buck. Motion carried. 100209 - Moved by Budak, seconded by Angel that proof of publication of notice of public hearing on request of William and Elizabeth Collins to rezone from "U-1" Unclassified District to "R-2" One and Two Family Residence District/"C-Z" Conditional Zoning District property generally located at 5050 Foulk Road to expand current taxidermy business and allow a 24' x 24' addition to single family residence for a display room and additional storage area, as published in the Waterloo Courier on October 27, 1992, be received and placed on file. Motion carried. 100210 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, stated that the proposed rezoning is to accommodate the expansion of a current taxidermy business at 5050 Foulk Road. If approved, it would allow the applicants to construct a 24' x 24' foot addition to their single family residence for a display room and additional storage area. Property owners within 250 feet of the request have been contacted and no objections have been filed. Moved by Wright, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Motion carried. 100211 - Moved by Angel, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 40 to Section 2A -7N Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Buck. Motion carried. 100212 - Moved by Budak, seconded by Lemke that proof of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as amended, as it pertains to the "H -C" Highway Corridor prohibiting additional off -premise signs in the Highway Corridor District, as published in the Waterloo Courier on October 27, 1992, be received and placed on file. Motion carried. 100213 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, stated that the Gateway Committee and the Design Review Board have recommended that a moratorium be placed on additional billboards in the Relocated U.S. Highway 218 Corridor until 30 days after the opening of the road, which is anticipated on November 12, 1992. It was the recommendation of City staff and the Design Review Board that no additional billboards be allowed, and that the existing 17 remain. Mr. Stevenson noted that it was the Planning, Programming & Zoning Commission's recommendation that in additional to the 17 November 9, 1992 Page 3 Hearings - continued additional billboards, a 750 foot spacing be allowed between billboards which would allow approximately 13 more. It was also the Commission's recommendation to restrict the advertising to local businesses only. Jim Walsh, City Attorney, noted it would be very difficult to restrict advertising to local businesses only. Mr. Stevenson pointed out that the proof of publication was published based upon the staff's recommendation since it was the most restrictive; therefore, allowing the Council the most flexibility in making its decision. Mr. Stevenson noted that billboards have been restricted in the cities of Sioux City, Des Moines and Dubuque, as well as throughout the nation. He noted that letters in support have been received from the Executive Director of the Waterloo Redevelopment Authority, Board of Trustees of the America's Agricultural/Industrial Heritage Landscape, Robert Dickson, and Larry Howard and letters of objection have been received from Sam Annis Petroleum Products, Inc., Culligan, Superior Welding Supply Co., Frank W. Van Kerckhove, and Nagle Signs. Mayor Manning opened the hearing to the public. John Nagle, representing Nagle Signs, Inc., stated that the Council must carefully review whether such an ordinance is fair and must look at the betterment of the entire community. He asked that each Councilperson examine their conscience to make the best decision possible. Wayne Snyder, Chairperson of the Design Review Board, stated that they had adopted the recommendation of the Gateway Committee to allow no new signage within the Corridor. Doug Dillion, Manager of Frank Hardie Advertising, Inc., stated that business drives the community, which would be utilizing the billboards. He also questioned whether 13 more billboards would be constructed along the freeway, which is the maximum number that would be allowed with the recommendation of the Planning, Programming and Zoning Commission. He also noted that the Iowa Department of Transportation Administrative Rules require 100 feet between each sign and noted that the City of Waterloo's current ordinance requires 300 feet. He stated that advertisers could live with a 750 foot minimum but banning additional signs was not an acceptable proposal. He also questioned the message the Council would be sending to the Planning, Programming and Zoning Commission if it did not approve its recommendation. Rod Larsen, representing the Cedar Valley Lakes Board, stated that they supported the staff's recommendation to allow no more billboards. He also expressed concern with the precedence that would be set for other communities, including Cedar Falls. He noted that the Cedar Valley Lakes Board is currently working on a proposal to look at a new communications system at the Gateway entrances to the community which may provide direction for visitors to the community. Councilperson Angel stated that the staff are the experts in the field and that oftentimes the Planning, Programming and Zoning Commission recommends differently than staff, and the Council is free to decide upon either recommendation. Councilperson Fox noted that even if the Council were to approve banning additional billboards, the ordinance could always be amended at a later time to allow billboards. Mayor Manning noted that the Planning, Programming and Zoning Commission provides a valuable resource to the Council, but the Council is obligated to make its own decision, either in agreement or in contrast to the Commission. Moved by Budak, seconded by Angel that the hearing be closed and the recommendation of the Planning, Programming and Zoning Commission and letters of objection and in support of sign prohibition and oral comments be received and placed on file. Motion carried. 100214 - Moved by Angel, seconded by Wright that "an Ordinance amending. Ordinance No. 2479, as amended, City Zoning Ordinance as it pertains to the "H -C" Highway Corridor Ordinance prohibiting additional off - premise signs in the Highway Corridor", be received, placed on file, considered and passed for the first time.. Ayes! Five. Absent: Dell, Buck. Motion carried. November 9, 1992 DOCUMENTS 100215 - Moved by Wright, seconded by Lemke Page 4 that communication from Transportation Program Manager transmitting recommendation of award of contract to Lehman Trucking & Excavating, Inc. in the amount of $13,770.00 in conjunction with Demolition Contract F -92(D), be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-632. 100216 - Moved by Wright, seconded by Lemke that communication from Transportation Program Manager transmitting recommendation of award of contract to Christy Corporation in the amount of $15,950.00 in conjunction with Demolition Contract G -92(D), be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-633. 100217 - Moved by Wright, seconded by Lemke that communication from Clerk/Auditor transmitting architectural agreement with Thorson Brom Broshar Snyder, Architects, for services at the Regional Fire Training Center, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-634. RESOLUTIONS TO BE ADOPTED 100218 - John Meyer, Public Works Director, stated that this transfer from the General Operating Revenue to the Construction Account will pay for the new final and new intermediate clarifier at the Wastewater Treatment Plant. This is a reimbursement from the General Operating Account and will reconcile a negative balance in the Construction Account. Moved by Wright, seconded by Lemke that "Resolution transferring from the Sewer Facilities Fund the sum of $1,328,883.61 to the Pollution Plant improvement Fund", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-635. 100219 - Moved by Wright, seconded by Lemke that "Resolution setting date of hearing as November 23, 1992 at 7:00 p.m. in City Hall Council Chambers on taking of bids and sale and conveyance of Disposal Parcel "F" generally located along the west side of Ansborough Avenue, south and adjacent to the Pronto Convenience Store, and midway between Ridgeway Avenue and 4th Street", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-636. ORDINANCES TO BE ADOPTED 100220 - Moved by Budak, seconded by Wright that "an Ordinance amending the 1988 Code. of Ordinances of the City of Waterloo, Iowa, by repealing Section 14-3, Life Safety Code Adopted, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Section 14-3, Life Safety Code Adopted, of Chapter 14, Fire Prevention and Protection (adoption of the 1988 Edition of the Life Safety Code)", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Buck. Motion carried. November 9, 1992 Ordinances to be Adopted - continued 100221 - Moved by Wright, seconded by Angel Page 5 that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (251) Midway Drive of Section 551, Parking Prohibited at All Times on Certain Streets and by enacting in lieu thereof a new Subsection (251) Midway Drive of Section 551, Parking Prohibited at All Times on Certain Streets (prohibiting parking on the east side of Midway Drive from 100 feet south of Richland Drive to Cadillac Drive)", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Buck. Motion carried. BILLS PAYMENT 100222 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-52, $1,643,433.88, dated November 9, 1992, copies of which Clerk/Auditor's office", be adopted. Ayes: Four. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. NEW BUSINESS in the amount of are on file in the Fox. Absent: Dell, 1992-637. 100223 - Nathan Blanck, 4052 Niles Street, questioned why Greyhound Drive would be designated as a "Priority One" street which would allow it to be plowed before some residential streets. Councilperson Fox stated that it he requested that this item be placed for Council approval since it is a major arterial and serves a major facility. Moved by Fox, seconded by Budak that communication from Public Works Director transmitting recommendation that Greyhound Drive from Sergeant Road to West Ridgeway Avenue be added to "Priority 1" Snow Removal Streets, be received, place on file and "Resolution approving said recommendation", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-638. 100224 - Moved by Fox, seconded by Budak that communication from Mayor Al Manning transmitting recommendation of appointment of Helen Zellhoefer to the Library Board, with term expiration date of June 30, 1994, be received, placed on file and approved. Motion carried. 100225 - Moved by Fox, seconded by Budak that communication from Mayor Al Manning transmitting recommendation of appointment of Mary Ann Burk to the Recreation and Arts Commission, with term expiration of October 1, 1993, be received, placed on file and approved. Motion carried. 100226 - Moved by Fox, seconded by Budak that "Resolution ordering preparation of final plat and schedule off assessments for the F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-639. 100227 - Moved by Fox, seconded by Budak that "Resolution ordering and levying final schedule of assessments, and providing for payment thereof for the F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-640. November 9, 1992 Travel Request 100228 - Moved by Fox, seconded by Budak Page 6 that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Roseann Cory, Laboratory Supervisor, and Brian Bowman, Lab Tech I, to attend training courses for the atomic absorption unit in Chicago, Illinois on January 18-22, 1993 and January 25-29, 1993, with costs not to exceed $450 each, including the use of city vehicle. Motion carried. MISCELLANEOUS 100229 - Moved by Fox, seconded by Budak 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: 1. Beer/Liquor License Permit Application Class C Embassy Lounge, 225 E. 5th Street (Renewal) (Expires 11/23/93) (Includes Sunday Sales) Rumors, 1125 West Donald (Renewal) (Expires 11/14/93)(Includes Sunday Sales) The Ground Round, 1425 E. San Marnan Drive (Renewal) (Expires 11/30/93) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class E Stokes Mart, Inc., 1611 East 4th Street (Renewal) (Expires 11/13/93) (Includes Sunday Sales) Motion carried. BONDS 100230 - Moved by Wright, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through November 9, 1992, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 100231 - Councilperson Budak reported that with City Hall closed on Wednesday, November 11, 1992, the third week of the free leaf pick up will be extended for Wednesday customers only to Wednesday, November 18. Councilperson Budak also drew attention to a letter to the editor in today's Waterloo Courier explaining the meaning of a flag to a person one year before he died. Mayor Manning stated that next Monday evening, November 16, 1992, the public will have an opportunity to call in their questions following the Council meeting to the Mayor and City staff. Mayor Manning noted that the last segment of U.S. Highway 218 will be officially opened on Thursday, November 12, 1992 at 7:30 a.m. This is the final segment of Relocated U.S. Highway 218 project and will be a great asset to the community. Mayor Manning noted that November 13-14 marks the 50th year of the sinking of the Juneau where five Waterloo brothers, the Sullivan brothers, were killed in combat. Tickets for the banquet are available by calling the Chamber of Commerce. Moved by Fox, seconded by Angel that the above oral comments be received, placed on file and approved. Motion carried. November 9, 1992 Page 7 100232 - City Attorney Jim Walsh stated that labor negotiations is an approved topic of Executive Session as authorized by Iowa Code, Section 20.16. Moved by Fox, seconded by Angel that the Council adjourn to Executive Session. Ayes: Five. Absent: Dell, Buck. Motion carried. EXECUTIVE SESSION 100233 - Moved by Wright, seconded by Budak that the Council adjourn Executive Session. Motion carried. ADJOURNMENT 100234 - Moved by Budak, seconded by Wright that the Council adjourn at 8:54 p.m. Motion carried. Larry P. Burger City Clerk/Auditor