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HomeMy WebLinkAbout08/10/92August 10, 1992 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 August 10, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Lemke. Absent: Buck. Invocation by: Councilperson Rose Angel Pledge of Allegiance: Community Development Assistant Administrator Mark Boesen 99775 - Moved by Wright, seconded by Dell that the Agenda, as proposed, for the Regular Session on Monday, August 10, 1992, at 7:00 p.m. and the Minutes of the Regular Session on Monday, August 3, 1992, at 7:00 p.m., be accepted and approved. Motion carried. ASSESSMENT HEARING 99776 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on F.Y. Assessment Program - Zone 4, Contract No. 441, as published in on July 22 and July 29, 1992, be received and placed on file. 99777 - HOLD HEARING --This being the time and place of public hearing, written and oral objections. 1993 Sidewalk Repair the Waterloo Courier Motion carried. the Mayor called for Doug Gilbertson, owner of property at 325-327 Farrington Avenue, noted that he had received an assessment to install the sidewalks on this rental property. He stated that he had received notification from the City last year that the sidewalks needed to be constructed. The house had been built in 1980 and the sidewalks were not constructed at that time, although required by the deed of dedication. At that time, the City Council took action and gave Mr. Gilbertson the option of signing an agreement stating that the sidewalks would be required to be installed at the time that the lot to the north was developed. If the agreement was not signed, the property would be placed in this year's (Zone 4) program. Mr. Gilbertson noted that he did not have a title opinion prepared when he purchased the property approximately two years ago and was not aware of the sidewalk requirement at the time of purchase. Eric Thorson, City Engineer, noted that the agreement was sent to Mr. Gilbertson but it was not signed, and therefore the sidewalk is included in this year's program pursuant to Council direction. He noted that the original notice of the sidewalk repair was mailed to Mr. Gilbertson at his old address, but that the change in mailing address had not been filed with the Black Hawk County Treasurer's office; however, the second notice was sent and received. City Attorney Jim Walsh noted that a title opinion probably would not have indicated that a sidewalk had not been constructed on the site. He stated that the Council could require the construction of the sidewalk at any time, and that it is a policy decision of the Council. Mayor Manning noted that it may be hard to justify requiring sidewalks at this time, and that it may require additional review by city policy makers. Councilperson Dell noted that he favored the sidewalk installation, particularly since the property owner did not have a title opinion rendered and that it was income property. Questions were raised as to whether the owner should be responsible for the handicapped curb cut within City right-of-way. Mr. Thorson clarified that it is the property owner's responsibility the first time the cut is made; thereafter, it is the City's responsibility to make repair. It was suggested that the Public Works Committee meet on this issue on Monday, August 17, 1992 to further discuss the situation. Moved by Dell, seconded by Angel that the hearing be closed and oral comments be received and placed on file. Motion carried. August 10, 1992 Page 2 Assessment Hearing - continued 99778 - Moved by Budak, seconded by Wright that "Proposed Resolution of Necessity, as amended, for the F.Y. 1992 Sidewalk Repair Assessment Program - Zone 4, Contract No. 441", be adopted and the sidewalk at 325-327 Farrington Road, owned by Douglas Gilbertson, be tabled for one week. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-449. HEARINGS 99779 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Locke Realty to vacate, sell and convey the east -west alley north of Williston Avenue, approximately 450 east of West Fourth Street, as published in the Waterloo Courier on July 29, 1992, be received and placed on file. Motion carried. 99780 - 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 Budak, seconded by Wright 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. 99781 - Moved by Dell, seconded by Fox that "an Ordinance vacating the east -west alley north of Williston Avenue, approximately 450 feet east of West Fourth Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 99782 - Moved by Fox, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 99783 - Moved by Angel, 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: Six. Absent: Buck. Motion carried. 99784 - Moved by Fox, seconded by Dell that "an Ordinance vacating the east -west alley north of Williston Avenue, approximately 450 feet east of West Fourth Street", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3882. 99785 - Moved by Budak, seconded by Lemke that "Resolution authorizing sale and conveyance of the east -west alley north of Williston Avenue, approximately 450 feet east of West Fourth Street, to Locke Realty for $2,407.50", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-450. 99786 - Moved by Lemke, seconded by Angel that proof of publication of notice of public hearing on request of Jim Blackledge, Jr. and Howard Allen to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located at West Ninth Street and Williston Avenue to use the former Daisy Maid Store as a prescription drug store and to build an ice cream store on the vacant lot to the west, as published in the Waterloo Courier on July 29, 1992, be received and placed on file. Motion carried. August 10, 1992 Hearings - continued 99787 - Moved by Lemke, seconded by Wright Page 3 that the hearing on the request to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning for property generally located at West Ninth Street and Williston Avenue be adjourned to August 17, 1992. Motion carried. 99788 - Moved by Wright, seconded by Dell that proof of publication of notice of public hearing on request of Jim Blackledge, Jr. and Max Guernsey to rezone from "S-1" Shopping Center to "C -Z" Conditional Zoning property generally located at 335-341 Fletcher Avenue for use as a wholesale bakery to include retail sales, as published in the Waterloo Courier on July 29, 1992, be received and placed on file. Motion carried. 99789 - Moved by Dell, seconded by Wright that the hearing on the request to rezone from "S-1" Shopping Center to "C -Z" Conditional Zoning for property generally located at 335-341 Fletcher Avenue be adjourned to August 17, 1992. Motion carried. 99790 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Steven Miles to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District property generally located on the southeast corner of Janney and Ansborough Avenues, as published in the Waterloo Courier on July 29, 1992, be received and placed on file. Motion carried. 99791 - 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, noted that several conditions were placed on the request by the Planning, Programming and Zoning Commission as follows: That convenience stores, restaurants, vehicular sales lots, taverns, veterinary clinics, sheet metal shops and off -premise billboards not be allowed as "C-2" uses on the site. All deliveries to the store shall be provided on the site and that the adjoining alley not be used as an access. A six (6) foot solid fence shall screen the site from the residential district to the east; and all lighting on the site shall reflect away from surrounding residences. He also noted that access would be restricted to Janney Avenue. 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. 99792 - Moved by Dell, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 271 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 99793 - Moved by Lemke, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 99794 - Steve Miles, the requestor of the zoning change, noted that he may continue a small retail operation at his downtown store, although a definite decision has not been made. Moved by Budak, seconded by Dell that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. August 10, 1992 Page 4 Hearings - continued 99795 - Moved by Wright, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 271 to Section 2A-5 Rezoning Certain Property", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3883. 99796 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on request of Joe Katz to sell and convey a portion of excess right of way generally located at the southeast corner of Ansborough Avenue and Falls Avenue in conjunction with Ansborough Avenue (North) Reconstruction Project for $2,000, as published in the Waterloo Courier on July 31, 1992, be received and placed on file. Motion carried. 99797 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. City staff noted that this parcel of property was purchased for the Ansborough Avenue project, and that the adjacent property owner has made the offer to buy. By itself, it is not a very attractive lot but combined will make for a viable retail location. Moved by Wright, seconded by Dell that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning staff and oral comments be received and placed on file. Motion carried. 99798 - Moved by Angel, seconded by Fox that "Resolution authorizing sale and conveyance of a portion of excess right of way generally located at the southeast corner of Ansborough Avenue and Falls Avenue in conjunction with Ansborough Avenue (North) Reconstruction project to Joe Katz for $2,000", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-451. PETITIONS FROM PUBLIC 99799 - Moved by Budak, seconded by Dell that communication from City Engineer transmitting request of Roger Winders for a temporary concrete driveway to be located at 2221 Temple Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-452. DOCUMENTS 99800 - Moved by Budak, seconded by Dell that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa in the amount of $602,696.23 in conjunction with Sixth Street Extension - West, Stage II (Allen to Wellington), HDP -9107(003)--71-07, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-453. August 10, 1992 RESOLUTIONS TO BE ADOPTED 99801 - Moved by Budak, seconded by Dell Page 5 that "Resolution setting date of hearing as August 24, 1992, at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of excess right of way generally located on Washington Street between 7th and 8th Streets to C&S Subaru in the amount of $87,200", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-454. 99802 - Moved by Budak, seconded by Dell that "Resolution approving and accepting warranty deed from George and Roberta Shimek for property generally located at 827 Commercial Street", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-455. 99803 - Fire Chief Stan Stapella noted that the ambulance rates have not been increased since 1989 and are being upgraded to reflect increased costs to the department. The Council was provided with a comparison sheet of other ambulance services in the community and have been found to be very comparable. Moved by Budak, seconded by Dell that "Resolution approving a rate increase for the Waterloo Fire Department Ambulance Service", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-456. ORDINANCE TO BE ADOPTED 99804 - Moved by Fox, seconded by Angel that "an Ordinance vacating the 20 foot wide alley generally located northwesterly of West Fourth Street, between Wellington and Allen Streets (Hawkeye Institute of Technology)", be received, placed on file, considered and passed for the second time. Ayes: Five. Abstain: Dell. Absent: Buck. Motion carried. BILLS PAYMENT 99805 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-50, dated August 10, 1992, in the amount of $3,652,730.04, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-457. NEW BUSINESS 99806 - Moved by Wright, seconded by Angel to instruct City Planner to prepare plans, specifications, form of contract, etc. for the Window on Waterloo, Phase I, Landscape Improvement Project, Highway 218 Corridor, be received, placed on file and approved. Motion carried. 99807 - Moved by Wright, seconded by Angel that plans, specifications, form of contract, etc., for the Window on Waterloo, Phase I, Landscape Improvement Project, Highway 218 Corridor, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-458. August 10, 1992 New Business - continued 99808 - Moved by Wright, seconded by Angel Page 6 that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as September 8, 1992, at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-459. 99809 - Moved by Fox, seconded by Angel that communication from City Planner transmitting an appeal from Chris and Angie Blumensteins to the decision of the Waterloo Historic Preservation Commission to deny their request to put siding on house located at 305 Prospect Avenue, together with recommendation of Planning, Programming and Zoning staff to uphold the Historic Preservation Commission's decision to deny request, be tabled for one week. Motion carried. Travel Requests 99810 - Moved by Budak, seconded by Lemke that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. James L. Boesen, Chief Heating Inspector, to attend National Conference of International Association of Plumbing and Mechanical Officials in Spokane, Washington on September 27 - October 1, 1992, with costs not to exceed $1,050.00. Motion carried. MISCELLANEOUS 99811 - Moved by Budak, seconded by Lemke 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 outdoor cafe/beer garden be received, placed on file and approved: 1. Beer License Permit Application Class E Independence Avenue Liquor's, 1825 Independence Avenue (Renewal) (Expires 9/30/93) (Includes Sunday Sales) 2. Liquor License Permit Application Class E Independence Avenue Liquor's, 1825 Independence Avenue (Renewal) (Expires 8/14/93) Application for Outdoor Cafe/Beer Garden Waterloo Bowl In, 120 Jefferson --9/6/92 with rain date of 9/7/92 Motion carried. ORAL PRESENTATIONS 99812 - Mel Smelser, 2235 Temple Avenue, mentioned a recent article in the Waterloo Courier concerning several of the Council candidates for at -large position having a "chip on their shoulder." He questioned whether any background checks had been done on any of the candidates. Mayor Manning stated that no background checks have been done to his knowledge. Mr. Smelser suggested that in the future, background checks be done on Council candidates. L. C. Hennessey, 558 Montrose Drive, presented one dollar to the City's deficit reduction fund initiated by Don Miller. He suggested that perhaps more people could give $1 than the larger amount ($100). August 10, 1992 Oral Presentations - continued Page 7 Kathy Oberle, 710 Forest Avenue, stated that the community is not in as good a shape economically as some may suggest. She stated that we do have a poverty problem in this community and we need to be addressing these issues. Mayor Manning reminded everyone to vote on Tuesday, August 11, 1992 to fill the at - large Council position left by the resignation of Bob Brown. George Meeks, 609 East Donald Street and a member of the Human Rights Commission, noted that as a participant in the interview process for the vacancy created by the retirement of B. J. Furgerson, questions have been raised concerning the process. He emphasized that the process was not underhanded and nothing had been done illegally. Members of the Commission interviewed the candidates as well Cora Turner, Assistant Personnel Director. There may have been some confusion as to the Commission's responsibility in making its recommendation to the Mayor. The Mayor is currently interviewing the top candidates and will be making a recommendation to the Council on his selection. It was noted that the selection process for the Human Rights Director is similar to the process followed in the past as will be followed when Dean Myhr, Waterloo Recreation & Arts Director, retires. Moved by Wright, seconded by Budak that the above oral comments be received and placed on file. Motion carried. 99813 - City Attorney Jim Walsh stated that litigation is an approved topic of Executive Session as authorized by Iowa Code, Chapter 20.16. Moved by Wright, seconded by Budak that the Council adjourn to Executive Session. Ayes: Six. Absent: Buck. Motion carried. EXECUTIVE SESSION 99814 - Moved by Angel, seconded by Dell that the Council adjourn the Executive Session and the Personnel Director be given authorization to proceed. Ayes: Six. Absent: Buck. Motion carried. ADJOURNMENT 99815 - Moved by Angel, seconded by Dell that the Council adjourn at 8:20 p.m. Motion carried. Larry P. Burger City Clerk/Auditor