HomeMy WebLinkAbout09/07/93September 7, 1993
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 Tuesday, September 7, 1993. Mayor Albert C.
Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Budak, Lemke, Wright.
Invocation: A Moment of Silence
Pledge of Allegiance: Rich Earles, Associate Planner
Mayor Al Manning presented an Employee Recognition Award to Pat Howard for her thirty years
of service to the City.
101773 - Moved by Buck, seconded by Angel
that the Agenda, as amended, for the Regular Session on Tuesday, September 7,
1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, August 23,
1993, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
7:03 p.m. Councilperson Wright now present.
ADJOURNED HEARING
101774 - The Mayor announced that the time had arrived for the adjourned hearing from
August 2, 1993 (see CR 101613) on amendments to Zoning Ordinance No. 2479, as
amended, as it pertains to a proposed ordinance creating an "H -C" Highway Corridor
Overlay District along U.S. Highway 20 providing for open space and landscaping
requirements.
Bob Stevenson, City Planner, noted that the proposed ordinance details landscaping
and sign requirements 300 feet on either side of the Highway 20 Corridor. Since
adjournment of the hearing, additional citizen input was solicited and changes to
the original proposal were made. These changes included: reducing the size of
the district from 660 feet on each side of the road to 300 feet on each side of
the road, allowing directional wall signs on buildings, and eliminating the Design
Review Board process. In all other respects, the proposed ordinance is similar
to the U.S. Highway 218 Overlay District. The ordinance in no way prohibits on -
premise signage. It was the recommendation of the Planning, Programming and
Zoning Commission that said ordinance be approved. It was also noted that an
objective of the Leap to the Future Plan is managing the development of the
highway corridors as a pleasant and aesthetic experience when entering the City.
Councilperson Dell suggested that the first reading of the ordinance could be
approved except that portion dealing with billboards which could be dealt with in
a separate discussion.
Casey McLaughlin, speaking on behalf of the Chamber of Commerce, commented that
the Governmental Affairs Committee and the Business Development Committee felt
that the ban on billboards was a little aggressive, and that the economic impact
in terms of tourism dollars could be adverse. He asked that the Council consider
the ordinance with the elimination of the billboard restriction.
In response to a question from Councilperson Fox, Jim Lawrence, Executive Director
of the Waterloo Chamber of Commerce, noted that the Chamber's position on this
ordinance was different than its position on the U.S. Highway 218 Corridor since
circumstances were different. During that discussion, existing billboards were
allowed to remain and no additional billboards allowed. This ordinance would ban
any billboards, noting that none currently exist within the Highway 20 Corridor.
Councilperson Angel questioned how the tourism business could be negatively
impacted by such an ordinance.
Tom Gallaher, Executive Director of Silos and Smokestacks, stated that this board
had recommended passage of the ordinance with the provision that residents and
tourists could be directed to attractions by some other means. He noted that
several other states have banned billboards, and that alternative signing
mechanisms have been allowed creating a favorable visual impact. He noted that
federal officials reviewing the feasibility of a Heritage Theme Park in Waterloo
had noted and were impressed that no billboards currently exist along Highway 20.
Renata Sack, 414 Sunset Road, speaking as a private citizen and a member of the
Design Review Board and a former Gateway Committee member, stated that the issue
of billboards had been very carefully reviewed. It was her opinion that the
strength of the City attracts tourism rather than billboards. She noted that the
Design Review Board had endorsed the ordinance in its entirety.
Page 2
September 7, 1993
Adjourned Hearing - continued
Donna Nelson, 514 Columbia Circle, a member of the Waterloo Redevelopment
Authority and Gateway Committee, noted that the proposed ordinance would not put
businesses out of business, and that other means of communications are available
to businesses other than billboards.
Rene Dupont, a member of the Waterloo Redevelopment Authoe ides gnat and on wntown
developer, supported the ordinance. With the City's possible
national historic park, such an ordinance becomes even more important.
Doug Dillion, 807 Reber Avenue and representing Frank Hardie Advertising,
Inc.,
opposed the ordinance noting that it could potentially cut off the life line of
businesses that wish to advertise. He asked that the Council do what is fair and
just, stating it is important to future customers to have such an advertising
opportunity available.
Pierre Denault, 205 Lovejoy Avenue, noted that as a former French Canadian
citizen, the cities of Quebec and Toronto do not allow billboards and it has
not
stopped the tourism trade in those communities. He spoke in support
oordinance.
Hugh Copeland, 2 Winter Ridge Road, a member of the Waterloo Redevelopment
Authority, Cedar Lakes Advisory Board and the Gateway Committee, spoke in support
of the ordinance noting that federal highway enhancement funds may be available
to eliminate billboards in many areas of the country.
Janet Marxen, Frank Hardie Advertising, Inc., asked that the Council deny the
ordinance and allow the advertising business to operate and function as other
commercial businesses are allowed to do. She clarified that federal highway
enhancement money may be available for the removal of non -conforming billboards.
She also provided a brief history on how billboard advertising operates for their
customers.
Charles Pickett, 335 Sheridan Road, noted that billboards do not detract from the
appearance of a city and such an ordinance is not necessary.
Art Grange spoke as a businessman of the community for 39 years and noted that
small business is the foundation of this community. He asked that the Council not
adopt ordinances that further inhibit small business development.
Move by Buck, seconded by Wright
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
101775 - Moved by Buck, seconded by Angel
that "an Ordinance amending Zoning Ordinance No. 2479, as amended, nded, ing for anopen
C" Highway Corridor Overlay District along U.S. Highway providing
space and landscaping requirements", be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
ed that
oud noise
101776 - In response to a question from
Candcilperson resident alWright,
neighborhoods tcould beladdressed
from boom boxes near the pools
through the Recreation Commission.
Moved by Budak, seconded by Buck
that communication from City Planner transmitting recommendation of award of
contract to Prairie Construction Co. of Waterloo, Iowa in the amount of
$169,813.00, plus Alternate 1 for $1,650.00 and Alternate 2 for $640.00 for a
total of $172,103.00 in conjunction with Waterslides, Phase 2, Waterloo Recreation
& Arts Center, be received, placed on file and "Resolution approving said award
of contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-539.
September 7, 1993
PETITIONS FROM PUBLIC
101777 - Moved by Buck, seconded by Dell
Page 3
that communication from City Planner transmitting request of Covenant Medical
Center to vacate, sell and convey a portion of King Drive, together with
recommendation of approval of Planning, Programming and Zoning Commission, be
received, placed on file and "Resolution setting date of hearing as September 20,
1993 at 7:00 p.m. in the City Hall Council Chambers on the above described
request", be adopted and Acting Clerk/Auditor instructed to publish notice of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-540.
REPORTS
101778 - Moved by Buck, seconded by Dell
that communication from Waterloo Housing Authority Executive Director transmitting
correction to annual Public Housing Management Assessment Program Certification,
be received, placed on file and "Resolution approving said report", be adopted and
Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-541.
DOCUMENTS
101779 - Moved by Buck, seconded by Dell
that communication from City Planner transmitting Contracts, Bonds and
Certificates of Insurance from Prairie Construction Co. of Waterloo, Iowa in the
amount of $169,813.00, plus Alternate 1 for $1,650.00 and Alternate 2 for $640.00
for a total of $172,103.00 in conjunction with Waterslides, Phase 2, Waterloo
Recreation & Arts Center, be received, placed on file and "Resolution approving
said documents", be adopted and Mayor and Acting Clerk/Auditor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-542.
101780 - Moved by Buck, seconded by Dell
that communication from Executive Director of the Waterloo Housing Authority
transmitting Change Order No. 2 for a net increase of $1,800 for work to be
performed by Kayser Inc. in conjunction with CIAP Window Replacement at Ridgeway
Towers, 225 W. Ridgeway, be received, placed on file and approved and Mayor
authorized to execute same. Ayes: Seven. Motion carried.
101781 - Moved by Buck, seconded by Dell
that communication from Assistant City Engineer transmitting construction plans
for sanitary sewerage facilities for Anderson's Addition and Sewage Treatment
Agreement DNR Form 29 with the Department of Natural Resources, together with
recommendation of approval, be received, placed on file and "Resolution approving
said documents", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-543.
101782 - Moved by Buck, seconded by Dell
that communication from Associate Engineer transmitting Completion Report and
Recommendation of Acceptance of Work performed by Borwig Building Service in
conjunction with F.Y. 1993 Sidewalk Repair Program - Zone 5, Contract No. 452, be
received, placed on file and "Resolution approving said documents", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-544.
101783 - Moved by Buck, seconded by Dell
that communication from Associate Engineer transmitting Maintenance Bond from
Borwig Building Service in conjunction with F.Y. 1993 Sidewalk Repair Program -
Zone 5, Contract No. 452, be received, placed on file and approved. Ayes: Seven.
Motion carried.
September 7, 1993
Documents - continued
101784 - Moved by Buck, seconded by Dell
Page 4
that communication from Public Works Director transmitting an application for
federal/state assistance for costs incurred for emergency and remedial work
related to public facilities in conjunction with flood related damage, be
received, placed on file and "Resolution approving said application", be adopted
and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-545.
RESOLUTIONS TO BE ADOPTED
101785 - Moved by Fox, seconded by Angel
that "Resolution designating John Meyer, Public Works Director, as City of
Waterloo's authorized representative for purpose of obtaining federal assistance
for flood related damage", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-546.
101786 - Moved by Fox, seconded by Angel
that "Resolution approving execution of documents in connection with the refunding
of two previous city bond issues (Series 1978 and 1987) for Allen Memorial
Hospital Corporation", be adopted and Mayor and Acting Clerk/Auditor authorized
to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-547.
101787 - Moved by Fox, seconded by Angel
that "Resolution setting date of hearing as September 20, 1993 at 7:00 p.m. in the
City Hall Council Chambers on sale and conveyance of property generally located
in the Gateway Neighborhood formerly known as 106 Lafayette Street to Paul Woods
and Father Donald Kelly for $480.00", be adopted and Acting Clerk/Auditor
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-548.
101788 - Moved by Fox, seconded by Angel
that "Resolution setting date of hearing as September 20, 1993 at 7:00 p.m. in the
City Hall Council Chambers on sale and conveyance of property generally located
at 332 Newell Street to Carlos Frazier for $15,500.00", be adopted and Acting
Clerk/Auditor instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-549.
101789 - Moved by Fox, seconded by Angel
that "Resolution approving and providing for the execution of Housing and
Community Development Block Grant Supplement Appropriations Contract No. B -93 -MF -
19 -0008 with the U.S. Department of Housing and Urban Development (19th Year
Community Development Block Grant Supplemental Appropriation for Disaster Recovery
Assistance)", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-550.
101790 - Moved by Fox, seconded by Angel
that "Resolution setting date of hearing as September 27, 1993 at 7:00 p.m. in the
City Hall Council Chambers on sale and conveyance of property generally located
between 2909 Lafayette Street and Blowers Creek to Steven L. Terhune for $800.00",
be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-551.
September 7, 1993
Resolutions to be Adopted - continued
101791 - Moved by Fox, seconded by Angel
Page 5
that "Resolution authorizing and directing the Acting Clerk/Auditor to destroy
certain records and papers as provided in Section 372.13 of the 1993 Code of
Iowa", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-552.
101792 - Mike O'Sullivan, representing the Waterloo Citizens for the Library Levy
Committee, addressed the Council and reported that 1,140 signatures have been
obtained requesting that a special library levy referendum be placed on the
November 2, 1993 ballot. In a prepared statement, Mr. O'Sullivan stated that the
members of the Committee believe that the library plays a vital role in enhancing
the quality of life in Waterloo for everyone.
Moved by Dell, seconded by Fox
that "Resolution calling for a public referendum to authorize a special tax levy
of 27 cents per one thousand dollars of valuation to be used exclusively to extend
the hours of operation of the Waterloo Public Library", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-553.
BILLS PAYMENT
101793 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-73, in the amount of
$1,307,851.94, dated September 7, 1993, copies of which are on file in the
Clerk/Auditor's office", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-554.
NEW BUSINESS
101794 - Moved by Fox, seconded by Angel
that communication from City Planner transmitting amendments to Zoning Ordinance
No. 2479, as amended, as it pertains to the administration of the Zoning
Ordinance, together with recommendation of approval of the Planning, Programming
and Zoning Commission, be received, placed on file and "Resolution setting date
of hearing as September 27, 1993 at 7:00 p.m. in the City Hall Council Chambers
on the above described amendments", be adopted and Acting Clerk/Auditor instructed
to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-555.
101795 - Moved by Fox, seconded by Angel
that communication from City Planner transmitting amendments to Zoning Ordinance,
No. 2479, as amended, as it pertains to the adult entertainment provisions,
together with recommendation of approval of the Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing
as September 27, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above
described amendments", be adopted and Acting Clerk/Auditor instructed to publish
notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-556.
101796 - Moved by Fox, seconded by Angel
to instruct City Planner to prepare plans, specifications, form of contract, etc.
for Windows on Waterloo, Phase III, Landscape Improvement Project, Highway 218,
Corridor (3rd Street to University Avenue), be received, placed on file and
approved. Ayes: Seven. Motion carried.
September 7, 1993
New Business - continued
101797 - Moved by Fox, seconded by Angel
Page 6
that plans, specifications, form of contract, etc., for the Windows on Waterloo,
Phase III, Landscape Improvement Project, Highway 218 Corridor (3rd Street to
University), be received, placed on file and "Resolution preliminarily approving
the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-557.
101798 - Moved by Fox, seconded by Angel
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as September 20, 1993, at 7:00 p.m. in the City
Hall Council Chambers on the above project", be adopted and Acting Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-558.
101799 - Moved by Fox, seconded by Angel
that communication from Mayor Al Manning transmitting recommendation of
appointment of Mary Inbody to the Board of Adjustment, with term expiration of
December 8, 1993, be received, placed on file and approved. Ayes: Seven. Motion
carried.
101800 - Moved by Fox, seconded by Angel
that communication from City Planner transmitting request to not allow parking on
the southeast side of Fifth Street from Locust Street to Western Avenue from 7:00
a.m. to 4:00 p.m., be received, placed on file and City Attorney instructed to
prepare an ordinance for Council's consideration. Ayes: Seven. Motion carried.
Travel Request
101801 - Moved by Fox, seconded by Angel
that the following travel request, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. John Meyer, Pubic Works Director, to attend the Iowa Engineering Society's
104th annual meeting in Waterloo, Iowa on October 14-16, 1993, with costs not
to exceed $112.00, including use of city vehicle.
Ayes: Seven. Motion carried.
MISCELLANEOUS
101802 - Moved by Fox, seconded by Angel
that the following beer and liquor license 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
Pony Express, 1625 West 4th Street (New) (Expires 9/15/94) (Includes Sunday
Sales)
2. Beer/Wine License Permit Application
Class C
Huckleberry's Dining Emporium, 722 Water Street (New) (Expires 9/7/94)
(Includes Sunday Sales)
3. Beer/Wine License Permit Application
Class E
Independence Avenue Liquor, 1825 Independence Avenue (Renewal) (Expires
9/14/94) (Includes Sunday Sales)
County Market, 1411 Flammang Drive (Renewal) (Expires 8/26/94) (Includes --Sunday
Sales)
September 7, 1993
Miscellaneous - continued
Page 7
4. Beer/Liquor License Permit Application
Class C
Uptown Jazz, 213-215 E. 4th Street (Renewal) (Expires 9/4/94) (Includes Sunday
Sales)
Waterloo Yen Ching, 109 Commercial Street (Renewal) (Expires 9/11/94) (Includes
Sunday Sales)
Ayes: Seven. Motion carried.
101803 - John Meyer, Public Works Director, stated that the City of Waterloo has been given
preliminary approval on a $300,000 grant from the Iowa Department of Natural
Resources to initiate curbside recycling. A variance was requested by the City
to increase the amount of the grant to $600,000, but the variance was denied. The
grant amount will allow the purchase of trucks but will not fund operational
expenses which are estimated to be $100,000 to $175,000 annually. Should the City
elect to accept the grant for a city-wide program, an additional fee increase
would be necessary to cover operational costs. The current $10 per month garbage
rate will sunset on January 1, 1994, at which time a volume -based garbage rate
will be enacted. The fee will be a base rate of $8.50 per month with an
additional $1.00 charge for each additional bag above one container. With the
curbside recycling program, the base rate would increase to $9.50 per month under
the volume -based rate. Mr. Meyer noted that state -mandated goals of reducing the
volume at the Black Hawk County Landfill by 25 percent by the year 1994 has been
met, and the year 2000 goal of reduction by 50 percent is very close to being met.
Recycling may not be a factor in meeting the latter goal. Mr. Meyer noted that
should the City Council vote this evening to proceed with the grant application,
the grant agreement will be formalized and details worked out. Said agreement
will be presented to the Council for final approval prior to January 1, 1994.
Councilperson Angel expressed her concern that the Department of Natural Resources
could possibly change the reduction goals, and the City would then be in a
situation to begin recycling possibly without the benefit of state funds.
In response to a question from Councilperson Fox, Mr. Meyer noted that the City
of Waterloo would be the largest Iowa community with a curbside recycling program,
although several Iowa cities are also working toward that goal.
Discussion was heard on whether or not the drop-off locations would still be
needed if curbside recycling was instituted, and if additional bins would be
needed if curbside recycling was not initiated, particularly with the imposition
of the volume -based rate on January 1, 1994. The Mayor noted that the volume -
based rate will certainly generate more recyclables at the center.
It was noted that the current cost of operating the drop-off centers is
approximately $12,000 per month for all sites.
Council Members discussed the quandary of the necessity to increase rates to
accept a state grant.
Pierre Denault, 205 Lovejoy, supported the grant application request, noting that
cost will continue to increase in the future to implement curbside recycling.
Moved by Buck, seconded by Angel
that communication from Public Works Director transmitting preliminary commitment
from the Iowa Department of Natural Resources to fund a Landfill Alternatives
Grant in the amount of $300,000 for initiation of curbside recyclable collection
program, be received, placed on file and approved. Ayes: Seven. Motion carried.
BONDS
101804 - Moved by Buck, seconded by Wright
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through September 7, 1993, be received, placed on file and report
and bonds approved. Ayes: Seven. Motion carried.
September 7, 1993 Page 8
ORAL PRESENTATIONS
101805 - Councilperson Budak questioned when Midwest Power would be removing the poles
where street lights had been removed. John Meyer, Public Works Director, stated
that it was the company's intent to go through a budget cycle and winter before
the poles are permanently removed. It was noted that residential customers are
not required to pay the $250 installation fee if they wish to have a light turned
back on. This fee is only charged if the City orders the light reinstalled.
In response to a comment from Councilperson Angel, City staff noted that the crack
in the middle of Stephen Avenue is being reviewed and measures taken to eliminate
this problem.
Councilpersons Budak and Angel commended the Street Department for their quick
response in filling potholes and responding to complaints.
Councilperson Wright questioned whether the standing water in the Lakeside Street
area could be pumped. John Meyer, Public Works Director, stated that this area
(and Lafayette Park) are areas where the water table is so high that pumping the
water would be a constant undertaking until the water table recedes.
Councilperson Dell asked that the Public Works Committee schedule a meeting for
September 13, 1993 to discuss the Volunteer Pothole Patching Program. He
questioned why some citizens were allowed to go forward with the program and
others were not.
Mark Boesen, Community Development Administrator, announced that the City of
Waterloo had been awarded to $271,000 for repairs to residences in the community
due to flooding conditions. Staff are working with community organizations to
centralize the application process. Forgivable and low-interest loans will be
available to residents who meet specific income requirements. Upon completion,
the plan will be forwarded to the City Council.
Moved by Buck, seconded by Wright
that the above oral comments be received, placed on file and the Council adjourn
at 8:47 p.m. Ayes: Seven. Motion carried.
Michelle Temeyer
Acting City Clerk/Auditor