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HomeMy WebLinkAbout08/03/92August 3, 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 3, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Lemke. Absent: Buck. Invocation by: Councilperson Josef Fox Pledge of Allegiance: Assistant Fire Chief Frank Magsman 99738 - Moved by Wright, seconded by Dell that the Agenda, as amended, for the Regular Session on Monday, August 3, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, July 27, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 99739 - Moved by Budak, seconded by Fox that proof of publication of notice of public hearing on request of Jeff and Cindy Cross to vacate the eight foot platted utility easement generally located along the west side of property at 938 Shultz Street, as published in the Waterloo Courier on July 24, 1992, be received and placed on file. Motion carried. 99740 - 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 Wright, seconded by Angel 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. 99741 - Moved by Angel, seconded by Dell that "an Ordinance vacating the eight foot platted utility easement generally located along the west side of property located at 938 Shultz Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 99742 - Moved by Fox, 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. 99743 - 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: Six. Absent: Buck. Motion carried. 99744 - Moved by Budak, seconded by Dell that "an Ordinance vacating the eight foot platted utility easement generally located along the west side of property located at 938 Shultz Street", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3879. 99745 - Moved by Fox, seconded by Angel that proof of publication of notice of public hearing on request of Russell and Karen Albright to vacate the sidewalk adjoining property at 1142 Byron Avenue, as published in the Waterloo Courier on July 24, 1992, be received and placed on file. Motion carried. 99746 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Angel, seconded by Dell 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. August 3, 1992 Hearings - continued 99747 - Moved by Dell, seconded by Fox Page 2 that "an Ordinance vacating the sidewalk adjoining property at 1142 Byron Avenue" be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 99748 - Moved by Budak, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 99749 - Moved by Fox, 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. 99750 - Moved by Wright, seconded by Angel that "an Ordinance vacating the sidewalk adjoining property at 1142 Byron Avenue", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3880. 99751 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on request of Hawkeye Institute of Technology to vacate and convey the 20 foot wide alley generally located northwesterly of West Fourth Street, between Wellington and Allen Streets, as published in the Waterloo Courier on July 24, 1992, be received and placed on file. Motion carried. 99752 - 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 be received and placed on file. Motion carried. 99753 - Moved by Angel, seconded by Fox that "an Ordinance vacating the 20 foot wide alley generally located northwesterly of West Fourth Street, between Wellington and Allen Streets", be received, placed on file, considered and passed for the first time. Ayes: Five. Abstain: Dell. Absent: Buck. Motion carried. 99754 - Moved by Dell, seconded by Budak that proof of publication of notice of public hearing on request of Quik Trip, Inc. to vacate, sell and convey a portion of the street right of way generally located along the northerly side of the East San Marnan Drive frontage road just east of Kimball Avenue for $12,308 and to rescind Ordinance No. 3869 and Resolution No. 1992-373 due to an error in the legal description, as published in the Waterloo Courier on July 28, 1992, be received and placed on file. Motion carried. 99755 - 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 be received and placed on file. Motion carried. 99756 - Moved by Fox, seconded by Dell that "an Ordinance vacating a portion of the street right of way generally located along the northerly side of the East San Marnan Drive frontage road just east of Kimball Avenue and rescinding Ordinance No. 3869", be received, placed on file, considered and pass for the first time. Ayes: Six. Absent: Buck. Motion carried. August 3, 1992 Page 3 Hearings - continued 99757 - Moved by Dell, seconded by Budak that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 99758 - Moved by Wright, seconded by Angel 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. 99759 - Moved by Angel, seconded by Fox that "an Ordinance vacating a portion of the street right of way generally located along the northerly side of the East San Marnan Drive frontage road just east of Kimball Avenue and rescinding Ordinance No. 3869", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3881. 99760 - Moved by Budak, seconded by Wright that "Resolution authorizing sale and conveyance of a portion of the street right of way generally located along the northerly side of the East San Marnan Drive frontage road just east of Kimball Avenue to Quik Trip, Inc. for $12,308, plus costs and rescinding Resolution No. 1992-373", 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. 1992-439. 99761 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on request of Iowa Department of Transportation to sell and convey property generally located west of Symons Road, north and east of the intersection of W. Dunkerton Road and an area south of W. Dunkerton Road for $19,800, as published in the Waterloo Courier on July 24, 1992, be received and placed on file. Motion carried. 99762 - 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 Wright, seconded by Budak that the hearing be closed. Motion carried. 99763 - Moved by Dell, seconded by Angel that "Resolution authorizing sale and conveyance of property generally located west of Symons Road, north and east of the intersection of W. Dunkerton Road and an area south of W. Dunkerton Road to the Iowa Department of Transportation for $19,800", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-440. PETITIONS FROM PUBLIC 99764 - Moved by Budak, seconded by Wright that communication from City Engineer transmitting request of Roberta Wagner for a temporary concrete driveway to be located at 202 Blowers 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. 1992-441. August 3, 1992 Page 4 Petitions from Public - continued 99765 - Moved by Budak, seconded by Wright that communication from City Planner transmitting request from the Waterloo Warriors to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located at the former Greenbrier School for use as a bingo parlor be received, placed on file and "Resolution setting date of hearing as August 17, 1992 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-442. 99766 - Ron Lepsch, 467 Devonshire Road, spoke in favor of the request of Pat McGeough to eliminate the fencing requirement. As an adjacent property owner, it would obstruct light and could possibly be a hiding place for vandals. Over the long term, it could become an eyesore and cause problems with snow accumulation. Bob Stevenson, City Planner, noted that the site plan was approved with the condition that a six foot fence be constructed separating the parking lot from the residential area. It was the staff's recommendation to deny the request. Moved by Budak, seconded by Wright that communication from City Planner transmitting a conditional zoning site plan amendment request from Pat McGeough for property generally located at the northwest corner of Ansborough Avenue and Black Hawk Road to eliminate building a six ft. high solid screening on the north and west sides of existing parking lot, together with recommendation of denial of the Planning, Programming and Zoning staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 1992-443. DOCUMENTS 99767 - Moved by Fox, seconded by Dell that communication from Assistant City Engineer transmitting an Iowa Department of Transportation application for use of highway right of way for utilities accommodation to allow Midwest Power to construct an electrical power line crossing U.S. Highway 63 to serve the Shoppes addition in Logan Plaza, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-444. 99768 - Moved by Fox, seconded by Dell that communication from Executive Director of Waterloo Housing Authority transmitting a public housing management assessment certification for Ridgeway Towers Senior Citizens Apartment, together with recommendation of approval, be received, placed on file and "Resolution approving said certification", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-445. RESOLUTIONS TO BE ADOPTED 99769 - Moved by Fox, seconded by Dell that "Resolution setting date of hearing as August 17, 1992 at 7:00 p.m. in the City Hall Council Chambers on lease purchase and maintenance agreement with Data General for computer system upgrade for Black Hawk County Criminal Justice Information System", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-446. August 3, 1992 Resolutions to be Adopted - continued 99770 - Moved by Fox, seconded by Dell Page 5 that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, setting date of hearing as August 24, 1992 at 7:00 p.m. to consider application to the Department of Housing and Urban Development for 50 units of Waterloo Section 8 Housing Program rental housing vouchers", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-447. BILLS PAYMENT 99771 - Moved by Angel, seconded by Fox that "Resolution approving Schedule A918, pp. 1-42, dated August 3, 1992, in the amount of $249,663.41, 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. 1992-448. MISCELLANEOUS 99772 - Moved by Wright, 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 and applications for outdoor cafe/beer garden be received, placed on file and approved: 1. Beer License Permit Application Class B Concession & Catering. Services Ltd., Commercial Street between West 4th Street and Park Avenue (new) (August 22, 1992 only) Concession & Catering Services Ltd., Lincoln Park at 4th & Mulberry Streets (new) (August 22, 1992 only) 2. Beer and Liquor License Permit Application Class C Bandits, 1927 Jefferson (Renewal) (Expires 8/7/93) (Includes Sunday Sales) Web's Pizza Pub, 504 Riehl Street (Renewal) (Expires 8/12/93) (Includes Sunday Sales) 3. Application for Outdoor Cafe/Beer Garden Concession & Catering Services Ltd., Commercial Street between West 4th Street and Park Avenue and Lincoln Park at 4th and Mulberry Streets --August 22, 1992 Motion carried. BONDS 99773 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor's office through August 3, 1992, be received, placed on file and report and bonds and approved. Motion carried. The Mayor called for oral presentations and there were none. ADJOURNMENT 99774 - Moved by Budak, seconded by Wright that the Council adjourn at 7:34 p.m. Motion carried. Larry P. Burger City Clerk/Auditor