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HomeMy WebLinkAbout03/09/92March 9, 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 March 9, 1992. Mayor Albert C. Manning, Jr., in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. Invocation by: Councilperson Bob Brown Pledge of Allegiance: Troop 1 --John Dodge, Eric Dodge, Eric Knight, Sam Nissen, Ben Meinders, Jason Becker, James Degenhardt. The Muscular Dystrophy Association presented a plaque to the City of Waterloo in appreciation of the help provided by the Fire Fighters Association during the Labor Day Telethon. 98970 - Moved by Angel, seconded by Wright that the Agenda, as proposed, for the Regular Session on Monday, March 9, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, March 2, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 98971 - Moved by Dell, seconded by Budak that proof of publication of notice of public hearing on request of Allen Memorial Hospital to rezone from "R-3" Multiple Family Residence District to "R-4" Multiple Family Residence District property generally located 233 Vold Drive for use as a medical office building, as published in the Waterloo Courier on February 21, 1992, be received and placed on file. Motion carried. 98972 - HOLD HEARING --This being the time and.place of public hearing, the Mayor called for written and oral comments there were none. Moved by Brown, 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. 98973 - Moved by Wright, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 270 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. 98974 - Moved by Budak, 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. 98975 - Moved by Dell, 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. 98976 - Moved by Angel, seconded by Brown that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 270 to Section 2A-5 Rezoning Certain Property", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3849. 98977 - Moved by Budak, seconded by Dell that proof of publication of notice of public hearing on site plan amendment request of Alabar Plaza to allow an 8' x 14' storage shed on the west side of Alabar Plaza along Linbud Lane, as published in the Waterloo Courier on February 25, 1992, be received and placed on file. Motion carried. March 9, 1992 Page 2 Hearings - continued 98978 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Steve and Mary Oettel, 1024 Linbud Lane, objected to the site plan amendment. Amy Bohnsack, 1010 Lindbud Lane, spoke about the existing litter problem caused by businesses in the Alabar Plaza area. Jeff Shirley, 1100 Linbud Lane, listed various conditions that have not been met as was approved by the City Council during the conditional zoning request. Some of those conditions included: required landscaping, drainage, maintenance of a green space in the rear portion of the buildings, and parking concerns. He also reported the use of Lindbud Lane by semi -trucks to the Alabar Plaza area. Bob Stevenson, City Planner, stated that staff had recommended denial of the request for the following reasons: establishing a precedence for other shops to do the same, the area behind the shops was intended to be a buffer for the residences on Linbud Lane, the location of this additional building is in the area to be a storm water drainage way, and the property is already over built. The 84 car parking lot is the minimum to serve 16,780 sq.ft. of shops if only one floor is used. An additional 10,680 sq.ft. of basement area exists in the complex of which some may be used for retail space causing the existing crowded conditions. Jim Blackledge, representing Alabar Plaza, stated that he had met with the neighbors in the area to discuss the proposed pian and avert any problems. He reported that the parking requirements have been met, and that the existence of a pizza delivery outlet in the plaza has not hindered or placed additional burden on the parking arrangement on-site or on adjacent streets. As a part of the site development, landscaping has been completed as proposed. He also stated that he is willing to paint the storage shed to conform with the colors of the plaza. He reported that he continues to work with the owner of property to the west (Orlis Smith) to resolve stormwater problems. Jeff Schwake, owner/operator of the Paul Revere's Pizza, again reiterated his concern to appease neighborhood concerns, including painting of the storage shed and requiring that his employees not use Linbud Lane as a route between their destination and the store. As a small business in the community, he will be employing 25 people and will be paying annual property taxes of $30,000. The operator of the video center asked for approval of the storage shed and to help small businesses survive in the community. Moved by Wright, seconded by Angel that the hearing be closed and the recommendation of denial of the Planning, Programming and Zoning staff and oral and written comments be received and placed on file. Motion carried. 98979 - Moved by Wright, seconded by Angel that "Resolution approving site plan amendment for Alabar Plaza to allow and 8' x 14' storage shed on the west side of Alabar Plaza along Linbud Lane", be denied. Ayes: Six. Absent: Buck. Motion carried. DOCUMENTS 98980 - Moved by Brown, seconded by Wright that communication from Transportation Program Manager transmitting Contracts, Bonds and Certificates of Insurance from Lawless Trucking and Excavating of Waterloo, Iowa in the amount of $12,950.00 in conjunction with Demolition Contract A -92(D), be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-92. March 9, 1992 Page 3 Documents - continued 98981 - Moved by Brown, seconded by Wright that communication from Transportation Program Manager transmitting Supplemental Agreement No. 7 with Brice, Petrides -Donohue for construction engineering services in conjunction with Sixth Street Extension (West Segment) from Kimball Avenue to Washington Street, IX -6604(1)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-93. 98982 - Moved by Brown, seconded by Wright that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Rampart Corporation of Waterloo, Iowa, in the amount of $71,857.00 in conjunction with the F.Y. 1991 Storm Sewer Improvements, Contract No. 414, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-94. 98983 - Moved by Brown, seconded by Wright that communication from Transportation Program Manager transmitting an application to the Iowa Department of Transportation for Traffic Safety Improvement Program funds in conjunction with installation of traffic signals at the intersection of Kimball Avenue and Mitchell Avenue, be received, placed on file and "Resolution approving said application", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-95. 98984 Moved by Brown, seconded by Wright that communication from Transportation Program Manager transmitting an application to the Iowa Department of Transportation for Traffic Safety Improvement Program funds in conjunction with installation of traffic signals at the intersection of San Marnan Drive and North Bound Ramps I-380, be received, placed on file and "Resolution approving said application", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-96. RESOLUTIONS TO BE ADOPTED 98985 - Moved by Brown, seconded by Wright that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving submission of Fiscal Year 1993 Operating Budget for Ridgeway Towers Apartments, 225 West Ridgeway", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-97. 98986 - Moved by Brown, seconded by Wright that "Resolution authorizing purchase of 17.3 acre tract of land generally located in the southwesterly quadrant of the U.S.218/Greenhill Road interchange from the Iowa Department of Transportation for $1 and other valuable considerations", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-98. March 9, 1992 Resolutions to be Adopted - continued 98987 - Moved by Brown, seconded by Wright Page 4 that "Resolution authorizing and directing the Clerk/Auditor to destroy certain records and papers as provided in Section 372.13 of the 1991 Code of Ordinances", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-99. ORDINANCES TO BE ADOPTED 98988 - Fire Chief Stan Stapella reported that this code change would require the installation of a smoke detector on each floor of any residential building. As property changes ownership, the new owner will be required to file with their homestead exemption certification that the smoke detector has been placed as required by said ordinance. Moved by Budak, seconded by Dell that "an Ordinance amending Chapter 19, Housing, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (n) Early Warning Fire Protection System of Section 19-19, Space and Occupancy Standards and Acceptability Criteria; and enacting in lieu thereof a new Subsection (n) Early Warning Fire Protection System of Section 19-19, Space and Occupancy Standards and Acceptability Criteria (regulating smoke detectors in all residential structures)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Buck. Motion carried. 98989 - 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. 98990 - Moved by Dell, seconded by Brown that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 98991 - Moved by Angel, seconded by Wright that "an Ordinance amending Chapter 19, Housing, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (n) Early Warning Fire Protection System of Section 19-19, Space and Occupancy Standards and Acceptability Criteria; and enacting in lieu thereof a new Subsection (n) Early Warning Fire Protection System of Section 19-19, Space and Occupancy Standards and Acceptability Criteria (regulating smoke detectors in all residential structures)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3850. BILLS PAYMENT 98992 - Moved by Angel, seconded by Budak that "Resolution approving Schedule A918, pp. 1-60, dated March 9, 1992, in the amount of $1,508,986.10, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Fox. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-100. NEW BUSINESS 98993 - Moved by Brown, seconded by Wright that "Resolution authorizing abandonment of assessments for F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-101. March 9, 1992 New Business - continued 98994 - Moved by Brown, seconded by Wright that "Preliminary Resolution for the construction of the Sanitary Sewer, Contract No. 405", be adopted. Ayes: Six Resolution adopted and upon approval by Mayor assigned No. 98995 - Moved by Brown, seconded by Wright that "Resolution fixing value of lots for the F.Y. 1991 Gram Court Sanitary Sewer Project, Contract No. 405", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-103. 98996 - Moved by Brown, seconded by Wright that "Resolution adopting Preliminary Plat and Schedule, estimate of cost and proposed plans and specifications for the construction of the F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-104. 98997 - Moved by Brown, seconded by Wright that "Resolution of Necessity (Proposed) setting the date of hearing as April 6, 1992 at 7:00 p.m. in the City Hall Council Chambers on the F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-105. 98998 - Moved by Brown, seconded by Wright Page 5 F.Y. 1991 Gram Court . Absent: Buck. 1992-102. that communication from Mayor Al Manning transmitting recommendation of reappointment of Doug Carpenter and Joseph Lingua, Jr. to the Plumbing Code Committee and Examining Board, with term expiration date of March 1, 1994, be received, placed on file and approved. Motion carried. 98999 - Moved by Brown, seconded by Wright that communication from Mayor Al Manning transmitting recommendation of appointment of Dick B. Miller to the Plumbing Code Committee and Examining Board, with term expiration date of March 1, 1994, be received, placed on file and approved. Motion carried. Travel Requests 99000 - Moved by Brown, seconded by Wright that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. John Kehoe, Chief Electrical Inspector, to attend 54th Annual Educational and Business meeting of Iowa Chapter of International Association of Electrical Inspectors in Mason City, Iowa on April 2-3, 1992, with costs not to exceed $190.00, including the use of city vehicle. Motion carried. MISCELLANEOUS 99001 - Moved by Brown, seconded by Wright 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 License Permit Application Class C Family Circle Sunoco, 111 West Ridgeway (Renewal) (Expires 5/6/93) (Includes Sunday Sales) March 9, 1992 Page 6 Miscellaneous - continued 2. Beer & Liquor License Permit Application Class C Babe's Tap, 210 Division Street (Renewal) (Expires 3/15/93) (Includes Sunday Sales) Motion carried. BONDS 99002 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through March 9, 1992, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 99003 - Moved by Budak, seconded by Brown that the Council adjourn at 7:44 p.m. Motion carried. Larry P. Burger City Clerk/Auditor