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HomeMy WebLinkAbout04/27/92April 27, 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 April 27, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Tony Budak Pledge of Allegiance: Clerk/Auditor Larry P. Burger 99235 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on Monday, April 27, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, April 20, 1992, at 7:00 p.m., be accepted and approved. Motion carried. ADJOURNED HEARING 99236 - HOLD HEARING --This being the time and place of adjourned hearing on the site plan for a proposed Crossroads Hy -Vee to be generally located opposite County Market on Flammang Drive, the Mayor called for written and oral comments. (Adjourned on April 6, 1992, CR 99087) Don Temeyer, Planning and Development Director, noted that the site plan for Crossroads Hy -Vee had been delayed to allow a traffic analysis for the intersection of Flammang and Sarah Drive. The analysis indicates that a traffic signal is warranted at said intersection. It is the staff's recommendation that the signal be installed at the developer's expense prior to the issuance of a building permit. Mr. Temeyer noted that the City has recently completed negotiations with Hy -Vee located at the intersection of University and Progress Avenues, and the developer has agreed to install the signal and construct additional turning lanes. At the Crossroads site, in addition to the traffic signal, the public drainage way to the south of the development has been a point of disagreement. The site plan for Hy - Vee shows the curbing of the parking lot extending to the slope, requiring IPS to place its poles 3 feet into the ditch. Any maintenance between the curbing and poles would require handmowing by the Park Department which is time consuming and costly. Mr. Temeyer stated that the City of Waterloo would not be responsible for the mowing and noted that eight other issues must be resolved prior to the issuance of a building permit, but all are agreeable to the developer. Fred Debe, representing Gerald Schoenfelder, agreed that these eight requirements will be met prior to building permit issuance. He also stated that the mowing of the drainage way will be handled either by Hy -Vee or built for low maintenance. In any case, it will not be unsightly. Mr. Debe stated that the traffic signal analysis does warrant a traffic light, but argued that the accumulation of all traffic generated in the Crossroads area contributes to the need. Hy -Vee represents less than 6 percent of the total square footage of the Mall. He stated that if Hy -Vee were the only store generating the traffic, it would be justified for Hy -Vee to pay for the cost, but traffic is using all of the facilities at the Crossroads and not just Hy -Vee. He stated that there should be a reasonable way for everyone who contributes traffic to pay the cost. Mr. Temeyer stated that a signal was not warranted before Hy -Vee traffic was figured into the analysis. In fact, when the Power Center development is built next to Hy -Vee, a traffic signal will be needed at Flammang Drive and Crossroads Boulevard which the developer should also be responsible for. Public and private dollars spent in the Crossroads area were delineated. Mr. Debe stated that the area generates considerable tax dollars to the community. He also noted that the developer has loaned approximately $400,000 to the City interest free for the construction of the drainage way. This amount will be repaid to the developer during the next several years. Councilperson Fox questioned the precedent of requiring the developer to pay for the cost of the installation of traffic signals. A possible signal at the intersection of Brookeridge and Kimball Avenue may be warranted, although staff cannot associate the increased traffic with any one development. In all likelihood, the City will be responsible for the cost of the equipment and installation. Mr. Temeyer noted that throughout the discussions Mr. Schoenfelder has been advised that the installation of signals was imminent. Mr. Debe asked that the Council approve the site plan subject to an acceptable agreement on the cost of the signals between both parties. April 27, 1992 Page 2 Adjourned Hearing - continued Mayor Manning noted that the issue should be dealt with and not left open-ended. Mr. Temeyer urged the Council to settle the signal issue prior to the issuance of a building permit. Unfortunately, the developer is anxious to break ground and now is putting the City Council in the situation where a decision must be made very quickly, when in fact the traffic analysis was requested many months ago. Councilperson Fox suggested the possibility of a cost sharing arrangement. He also stated that the City has on occasion given breaks to developers and questioned why the City was not willing to do so for this development. Mr. Temeyer noted that the City has participated heavily in the Crossroads area with the construction of the Hess Road Culvert ($120,000) drainage ditch ($400,000), Alexandra culvert ($150,000) and $4 million in improvements to the resurfacing and widening of San Marnan Drive. Councilperson Budak stated that the cost of the signal should be borne by the developer. Moved by Fox, seconded by Dell that the hearing be closed and oral comments be received and placed on file and site plan for proposed Crossroads Hy -Vee be tabled for two weeks. Ayes: Three. Nays: Angel, Wright, Budak, Brown. Motion not carried. 99237 - Moved by Budak, seconded by Brown that "Resolution approving site plan for a proposed Crossroads Hy -Vee to be generally located opposite County Market on Flammang Drive", be adopted as recommended by Planning, Programming and Zoning staff, including the developer paying 100 percent of the traffic signal at Sarah Drive, no hand mowing in the drainage ditch and eight items as listed in the transmittal letter be completed prior to the building permit being issued. Ayes: Five. Nays: Dell, Fox. Resolution adopted and upon approval by Mayor assigned No. 1992-203. HEARINGS 99238 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing on Neighborhood Urban Action Plan, as published in the Waterloo 1992, be received and placed on file. Motion carried. 99239 - HOLD HEARING --This being the time and place of public hearing, written and oral objections. the Franklin/Gateway Courier on April 17, the Mayor called for Jim Lindsey, Community Development Administrator, explained that designation of this area as an Urban Renewal Area would allow the expenditure of Community Development Block Grant funds. Loretta Boettcher, 803 Midland Street, questioned how much money the City was committing to the area. It was noted that the only current expenditure of funds will be lot clean-up, although the City could choose to spend additional monies in the area in the future. Moved by Wright, seconded by Buck that the hearing be closed and oral comments be received and placed on file. Motion carried. 99240 - Moved by Wright, seconded by Buck that "Resolution approving the Franklin/Gateway Neighborhood Urban Action Plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-204. 99241 - Moved by Buck, seconded by Budak that proof of publication of notice of public hearing on the issuance of $75,000 General Obligation Bonds for a General Corporate Purpose (reconstruction, improvement and equipping of City Hall), as published in the Waterloo Courier on April 15, 1992, be received and placed on file. Motion carried. April 27, 1992 Page 3 Hearings - continued 99242 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Kathy Oberle, 710 Forest Avenue, questioned whether the money for this project had been spent. Larry P. Burger, Clerk/Auditor, stated that these funds will be used to reimburse the project account. This is a two-year project to coincide with the actual construction. Ms. Oberle expressed her concern that the City not fund a project after its completion in the future. Moved by Brown, seconded by Buck that the hearing be closed and oral and written comments be received and placed on file. Motion carried. 99243 - Moved by Buck, seconded by Wright that "Resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $75,000 General Obligation Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-205. UNFINISHED BUSINESS 99244 - Moved by Budak, seconded by Wright that communication from Associate Engineer transmitting recommendation of award of contract to Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in the amount of $167,186.44 in conjunction with the F.Y. 1992 Sidewalk Repair Program - Zone 4, Contract No. 434, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. (See CR 99142 of April 13, 1992 for bid opening) Resolution adopted and upon approval by Mayor assigned No. 1992-206. 99245 - Moved by Budak, seconded by Wright that communication from Associate Engineer transmitting recommendation of award of contract to Rampart Corporation of Waterloo, Iowa in the amount of $23,680.00 in conjunction with the F.Y. 1992 Gram Court Sanitary Sewer, Contract No. 405, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. (See CR 99138 of April 13, 1992 for bid opening) Resolution adopted and upon approval by Mayor assigned No. 1992-207. 99246 - Larry P. Burger, Clerk/Auditor, stated that the Clerk/Auditor's office was recommending that the bid of Prairie Construction be approved with the deletion of the curtain in Exhibition Hall lowering the contract to $48,829. This curtain will be bid as a separate contract. Moved by Budak, seconded by Wright that communication from Clerk/Auditor transmitting recommendation of award of contract to Prairie Construction of Waterloo, Iowa in the amount of $48,829.00 in conjunction with the Interior Renovation of 5 Sullivan Brothers Convention Center, Phase 2, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. (See CR 99146 of April 13, 1992 for bid opening) Resolution adopted and upon approval by Mayor assigned No. 1992-208. April 27, 1992 PETITIONS FROM PUBLIC 99247 - Moved by Buck, seconded by Angel Page 4 that communication from City Engineer transmitting request from Iowa Bridge & Culvert, Inc. for a variance to Ordinance No. 2644, Section 569, to allow truck traffic on Fletcher Avenue between Highway 63 and University Avenue in conjunction with Relocated U.S. Highway 218, 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. 1992-209. 99248 - Moved by Buck, seconded by Angel that communication from Associate City Engineer transmitting request from Aspro, Inc. for a variance to Ordinance No. 2644, Section 569, to allow truck traffic on Ansborough Avenue from Meadow Lane to San Marnan Drive, and Ridgeway Avenue from Hillcrest Road to Baltimore Street in conjunction with F.Y. 1992 Street Reconstruction Program - No. 3, Contract No. 431, 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. 1992-210. 99249 - Moved by Buck, seconded by Angel that communication from Associate City Engineer transmitting request from Aspro, Inc. for a variance to Ordinance No. 2644, Section 569, to allow truck traffic on Williston Avenue from Hammond Avenue to Washington Street, Ansborough Avenue from Martin Road to San Marnan Drive, Burton Avenue from Broadway Street to Airline Highway, and Donald Street from East 4th Street to Logan Avenue in conjunction with F.Y. 1992 Asphalt Overlay Program, Contract No. 433, 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. 1992-211. 99250 - Moved by Buck, seconded by Angel that the request of Linda Olsem and Jeff Johnson for a variance to Chapter 25.5 of the Noise Ordinance on May 29, 1992 from 8:00 p.m. to 1:00 a.m. to hold Parkin' in the Paramount on Water Street between 4th and 5th Streets in conjunction with My Waterloo Days, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-212. 99251 - Larry P. Burger, Clerk/Auditor, reported that both requests for exemption to the burning ordinance had been received by the Clerk's office today and have not been reviewed by City staff. It was his recommendation that the Council approve them subject to staff review. Rick Tagtow, Director of Parks & Forestry, stated that burning of prairie grass is recognized as a management technique. Councilperson Wright questioned what the difference was between allowing burning of prairie grass and yard waste by residential property owners. Councilperson Dell suggested that the City may want to consider adding to the list of exemptions to the burning ordinance. A citizen asked that the City not allow burning. Councilperson Dell questioned Mr. Tagtow on what the City would do if a storm hit. Mr. Tagtow stated that we have been fortunate not to have a storm requiring the pick up of brush, but that most probably the waste would be taken to the Water Pollution Control area and chipped, a very expensive operation. Moved by Buck, seconded by Angel that communication from Clerk/Auditor transmitting request of Delpha Barron for an exception to the burning of yard waste for property located at the southeast corner of Big Rock Road and Burton Avenue be received, placed on file and approved subject to the approval of the Park, Public Works and Fire Departments. Ayes: Six. Nays: Wright. Motion carried. April 27, 1992 Petitions from Public - continued 99252 - Moved by Buck, seconded by Angel Page 5 that communication from Clerk/Auditor transmitting request of Rick Kefer, 4907 Texas Street, for an exception to the burning of yard waste to allow burning of rye that was seeded over a 9 acre patch of asparagus be received, placed on file and tabled for one week. Ayes: Six. Nays: Wright. Motion carried. DOCUMENTS 99253 - Moved by Buck, seconded by Brown that communication from City Engineer transmitting Five Year Street Construction Program for Road Use Tax Fund (R.U.T. 4A) with Iowa Department of Transportation, together with recommendation of approval, be received, placed on file and "Resolution approving said program", be adopted and Clerk/Auditor instructed to file the "Official Municipality Report for Street Construction Program" with the Iowa Department of Transportation by May 1, 1992. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-213. 99254 - Moved by Buck, seconded by Brown that communication from Assistant City Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Cedar Valley Corporation in conjunction with F.Y. 1991 Randall Street Sanitary and Storm Sewer Replacement, Contract No. 390, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-214. 99255 - Moved by Buck, seconded by Brown that communication from Assistant City Engineer transmitting Maintenance Bond from Cedar Valley Corporation in conjunction with F.Y. 1991 Randall Street Sanitary and Storm Sewer Replacement, Contract No. 390, be received, placed on file and approved. Motion carried. 99256 - Moved by Buck, seconded by Brown that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Aspro, Inc. of Waterloo, Iowa in the amount of $1,441,597.94 for the F.Y. 1992 Asphalt Overlay Program, Contract No. 433, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-215. 99257 - Moved by Buck, seconded by Brown that communication from City Planner transmitting Final Plat of Crossroads Plat No. 5, 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 Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-216. RESOLUTIONS TO BE ADOPTED 99258 - Moved by Brown, seconded by Budak that communication from City Engineer transmitting request for authorization to send out notification to property owners of proposed sidewalk repairs, together with cost estimates for the Sidewalk Inspection and Repair Program - Zone 4, be received, placed on file and "Resolution setting date of hearing as May 26, 1992 at 7:00 p.m. in the City Hall Council Chambers on the proposed repairs", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-217. April 27, 1992 Page 6 Resolutions to be Adopted - continued 99259 - Councilperson Dell requested that he be provided with a report on the distance between the railroad track and the Glenwood Street property. Moved by Brown, seconded by Budak that "Resolution authorizing commencement of condemnation proceedings for Parcel Nos. 12 (309 Glenwood Street), 16 (unplatted East), and 19 (105 Phillips Street) in conjunction with Sixth Street (East) Extension Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-218. BILLS PAYMENT 99260 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-48, dated April 27, 1992, in the amount of $442,913.38, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Fox. Resolution adopted and upon approval by Mayor assigned No. 1992-219. Travel Requests 99261 - Moved by Buck, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Kevin Blanshan, Associate Planner, to attend Touching Reality Along Iowa's Landscape Seminar in Dubuque, Iowa on June 12-14, 1992, with costs not to exceed $180.00, including the use of city vehicle. 2. Dave Boesen, Medical Officer, and Mike Fristo, Paramedic, to attend 1992 EMS Expo HazMat Conference in Atlanta, Georgia on May 5-9, 1992, with costs not to exceed $1,050.00, each, including the use of city vehicle. Motion carried. MISCELLANEOUS 99262 - Moved by Buck, seconded by Angel 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 pawnborker's and secondhand goods dealer's license and going out of business sale, be received, placed on file and approved: 1. Beer License Permit Application Class C Falls Road Drug, 2027 Falls Avenue (Renewal) (Expires 5/1/93) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C American Legion, 619 Franklin (Renewal) (Expires 5/13/93) (Includes Sunday Sales) 3. Liquor License Permit Application Class A Amvet Home, 32 Lafayette (Renewal) (Expires 5/13/93) (Includes Sunday Sales) Application for Pawnbroker's and Secondhand Goods Dealer's License Waterloo Jewelry & Loan, 330 E. 4th Street A-1 Pawn, Inc., 2000 Hawthorne Street Application for Going Out of Business Sale Smith's Jewelry, 104 E. 4th Street (60 days --July 1, 1992) Motion carried. April 27, 1992 BONDS 99263 - Moved by Wright, seconded by Angel Page 7 that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through April 27, 1992 be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 99264 - Kathy Oberle, 710 Forest Avenue, announced that she would be launching a petition drive to obtain the necessary signatures to place on the ballot the issue of the vacancy created by the resignation of Councilperson Bob Brown. She stated that with so many applicants, it was the public's right to have an opportunity to vote on the candidate, and that the money spent on the election would be a worthwhile expenditure of public funds. Judy Bennett, representing the Independence Avenue Neighborhood Association, thanked the City for their involvement in a recent neighborhood clean-up program. She presented a petition of support for this program and reported that the project was very successful. Loretta Boettcher, 803 Midland Avenue, questioned progress to date on the City's recycling program. Councilperson Fox stated that the Public Works Director is preparing alternatives and will be shortly presenting them to the Council. She asked that the Council consider approaching the problem more quickly, and that the City should do as much as possible. Councilperson Wright commended the Sewer Department for a recent problem they addressed concerning a property owner in her ward. She thanked the department for their diligence. Moved by Buck, seconded by Dell that the above oral comments be received, placed on file and the Council adjourn at 8:25 p.m. Motion carried. Larry P. Burger City Clerk/Auditor