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HomeMy WebLinkAbout04/12/93April 12, 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 Monday, April 12, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Rose Angel Pledge of Allegiance: Den 3, Pack 17 --Billy Nahnsen, Mike Tryon, Bobby Moore, Ryan Johnson, Sam Goswami, Luke Gibleon, Robert Chase. Den 2, Pack 17 --Ben Duven, Cam Puetz, Mike Grosser, Stewart Rickert, Lucas Greene, Craig Johnson. Mayor Manning presented an award to Police Sergeant Larry Thompson from the Prairie Park Apartments and United Housing for appreciation of his anti-drug efforts. Mayor Manning read a proclamation declaring the week of April 11-17, 1993 as National Public Safety Telecommunicators Week. 100980 - Moved by Buck, seconded by Fox that the Agenda, as amended, for the Regular Session on Monday, April 12, 1993, at 7:00 p.m. and the Minutes of the Regular Session on Monday, April 5, 1993, at 7:00 p.m., be accepted and approved. Motion carried. ADJOURNED HEARING 100981 - HOLD HEARING --The Mayor stated that this was the time for the adjourned hearing (see CR 100884 of March 22, 1993) on the request of David Heideman to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District property generally located at 2672 Logan Avenue (U.S. Highway 63). Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning Commission had recommended approval of said request at their meeting of April 12, 1993. A petition of objection representing 39.2 percent of the property owners lying within 250 feet of the request has been received requiring six votes to approve the request. The request conforms to the Long Range Land Use Plan. The objectors opposed the request because they oppose small lot development in the area. Jack Tromanhauser, 2673 Logan Avenue, objected to the request and opposed the development in less than three acre plots. In response to his questions, Mr. Stevenson reported that the percentage against the request is calculated by determining the property owners lying within 250 feet of each outside corner of the request. David Heideman, requestor, spoke in support of the request indicating that this portion was being severed for occupancy in the home by his daughter. Mrs. Jack Tromanhauser, 2673 Logan Avenue, also spoke against the request because it has created drainage problems that have never existed in her back yard before. The City Engineer's office will review the drainage issue, although it is not a substantive issue of the rezoning request. Moved by Fox, seconded by Dell that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Motion carried. 100982 - Moved by Dell, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 276 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. April 12, 1993 HEARINGS 100983 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request rezone from "R-4" Multiple Family Residence District to "R-4" Residence District/"C-Z" Conditional Zoning property generally Kimball Avenue, as published in the Waterloo Courier on March 31, and placed on file. Motion carried. 100984 - HOLD HEARING --This being the time and place of public hearing, for written and oral objections and there were none. Page 2 of Earl Baugh to Multiple Family located at 3600 1993 be received the Mayor called Moved by Dell, seconded by Buck 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. 100985 - Moved by Fox, seconded by Buck that "an Ordinance amending Ordinance by adding Subsection No. 44 to Section and rescinding Ordinance No. 3926 in description", be received, placed on time. Ayes: Seven. Motion carried. No. 2479, as amended, City Zoning Ordinance 2A -7N Conditional Rezoning Certain Property its entirety due to an error in the legal file, considered and passed for the first 100986 - Moved by Budak, seconded by Lemke that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 100987 - Moved by Buck, seconded by Fox 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: Seven. Motion carried. 100988 - Moved by Dell, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 44 to Section 2A -7N Conditional Rezoning Certain Property and rescinding Ordinance No. 3926 in its entirety due to an error in the legal description", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3932. UNFINISHED BUSINESS 100989 - Councilperson Dell asked that staff provide an update on progress of purchasing homes along Glenwood Street in conjunction with said project. Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting recommendation of award of contract to Peterson Contractors Inc. of Reinbeck, Iowa in the amount of $1,796,882.88 in conjunction with Sixth Street Extension (East), Phase I, HDP - 9107(004) --71-07, Contract No. 453, 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. 1993-202. 100990 - Moved by Buck, seconded by Angel that communication from Assistant City Engineer transmitting recommendation of award of contract to Aspro, Inc. & Subsidiaries of Waterloo, Iowa in the amount of $2,500,725.18 for Base Bid + Alternate A in conjunction with F.Y. 1993 Street Reconstruction Program, Contract No. 445, 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. 1993-203. April 12, 1993 PETITIONS FROM PUBLIC 100991 - Moved by Buck, seconded by Angel Page 3 that communications from City Engineer transmitting signage request from Chapel of Memories, Inc. to temporarily place sign on property located along Western Avenue and West Third Street intersection in conjunction with Sixth Street Extension Project, Contract No. 413, 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. 1993-204. 100992 - Moved by Buck, seconded by Angel that communication from City Planner transmitting request of Waterloo Industries, Inc. to vacate, sell and convey portions of Rainbow Drive and Ansborough Avenue street right of way in conjunction with Relocated U.S. 218 Project, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 26, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-205. 100993 - Larry P. Burger, Clerk/Auditor, reported that the Park Board had recommended that a 25 cent fee per round of golf be added to each round of golf for future capital improvements. This fee will generate approximately $10,000 to $15,000 annually. Discussion was heard on whether the fee generated is worth it in light of the $1.8 million in capital needs which have been identified for the golf courses. Discussion was heard on the discounted rates given to seniors and youth. Rick Tagtow, Parks & Forestry Director, explained that the capital needs for the golf courses are extensive and that golf does not pay its way. He suggested that additional sources of revenue be identified in addition to fees to supplement golf revenue. Councilperson Fox urged that this matter be reviewed again next year. Mr. Burger will draft a letter to the Park Board summarizing the Council's discussion. Moved by Dell, seconded by Budak that communication from Park Board recommending a 25 cent fee per round of golf for future capital improvements at city golf courses as approved by the Park Board be received, placed on file and "Resolution approving said 25 cent fee per round of golf", be adopted. Ayes: Six. Nays: Fox. Resolution adopted and upon approval by Mayor assigned No. 1993-206. DOCUMENTS 100994 - Moved by Buck, seconded by Dell that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Borwig Building Service of Waterloo, Iowa in the amount of $46,184.73 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 and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-207. 100995 - Moved by Buck, seconded by Dell that communication from City Planner/Transportation Program Manager transmitting an Iowa Department of Transportation Application to Perform Work Within State Highway Right of Way in conjunction with the East Lake Trail, together with recommendation of approval, 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. 1993-208. April 12, 1993 Documents - continued 100996 - Moved by Buck, seconded by Dell Page 4 that communication from Planning and Development Director transmitting an agreement with Flinn Saito Andersen DeVoe Architects in an amount not to exceed $1,000.00 for renovation of Carnegie Annex, Phase I, for a proposed elevator, together with recommendation of approval of Building & Grounds Committee, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-209. 100997 - Moved by Buck, seconded by Dell that communication from City Planner transmitting an agreement with the Iowa Department of Transportation to transfer property located in Lot 27, Block 40 in Riverview Addition, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-210. 100998 - Moved by Buck, seconded by Dell that communication from City Planner transmitting Preliminary Plat of Audubon Heights Addition, deed of dedication and resolution of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-211. 100999 - Councilperson Angel voiced her support for public education relating to recycling and support for Morgan & Myers but disagreed with the amount and various specific expenditures. Moved by Buck, seconded by Dell that communication from Public Works Director transmitting an agreement with Morgan & Myers of Waterloo, Iowa for public relations/education effort for Solid Waste Management Recycling Program, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-212. 101000 - Moved by Buck, seconded by Dell that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Aspro, Inc. and Subsidiaries of Waterloo, Iowa in the amount of $2,500,725.18 in conjunction with F.Y. 1993 Street Reconstruction Program, Contract No. 445, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-213. RESOLUTIONS TO BE ADOPTED 101001 - Bob Stevenson, City Planner, stated that negotiations will continue with the Brinkers to alleviate the need for condemnation proceedings. The City of Waterloo has received a REAP Grant in the amount of $200,000 with the stipulation that the bike trail be completed by August 31, 1993. The property being bought from the Brinkers is to allow a temporary easement to allow access to the trail area. The City has offered a sum of $150.00 and will repair all damages to the roadway. This bike trail will tie in with the Greenhill Road trail and points to the east. April 12, 1993 Resolutions to be Adopted- continued Moved by Budak, seconded by Buck Page 5 that "Resolution authorizing commencement of condemnation proceedings for property owned by Ester Brinker, et al located west of Relocated U.S. Highway 218 and north of the Cedar River in conjunction with East Lake Trail Facility project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-214. 101002 - Moved Budak, seconded by Wright that "Resolution correcting a legal description for an easement acquired from Otto and Marion J. Jessen for property generally located in Orange Township", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-215. 101003 - Larry P. Burger, Clerk/Auditor, stated that this resolution would allocate revenues to the Cable Commission beginning FY 1995. Of the franchise fees received by the City, the Commission would be allocated all funds over $140,000. Total revenue received this year was $181,000. Councilperson Buck stated that this resolution is not legally binding on next year's Council and considered it a waste of time. Mr. Burger stated that if the resolution were approved this year, the General Fund would have been shorted approximately $35,000. Councilperson Angel stated that it would be incorrect to state that all $35,000 would be new money since the Commission this year is operating with a budget of $9,660. Councilperson Fox stated that this resolution is being proposed by the Commission to gain some respect and lend credence to their work. This resolution does not obligate future Councils, and he supported its adoption. Councilperson Dell questioned whether it would be more advantageous for a percentage of the fees to be allocated to both parties rather than a fixed dollar amount. Councilperson Budak suggested that the Commission be allocated revenues in excess of $175,000. Shirley Koslowski, Cable Commissioner, reported that the Commission has not spent its allocated monies since it is too little to sufficiently staff the Commission's needs. Also, the Commission has not been treated as an exterior agency nor a city department. She supported the allocation by percentage to each entity rather than a flat fee. Moved by Budak, seconded by None that the Cable Commission be allocated all funds received by the City in excess of $175,000, plus this year's allocation. Prior to a vote on this motion, the following discussion was heard. Chairperson Angel reported that the new federal regulation may be rolling back by 10 percent the fees that cable companies charge, ultimately decreasing revenues to the City. Mr. Angel supported the Commission's request and reported that several attorneys' opinions have been obtained stating that cable fees can only be used for cable related activities and not for other General Fund expenditures. The Mayor called for a second on the above motion three times and declared the motion dead. Dave Burman, 1103 Vine Street, characterized the activities of the Cable Commission as a potential revenue enhancer. If fully developed, it would provide great public relations opportunities. He suggested exploring alternative sources of funding including a McElroy grant for the operation of cable activities. Moved by Fox, seconded by Lemke that "Resolution establishing budget appropriation for Waterloo Cable Commission for F.Y. 1995 to include all cable franchise fees received by the City in excess of $140,000", be adopted. Ayes: Four. Nays: Dell, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-216. ORDINANCES TO BE ADOPTED Page 6 April 12, 1993 101004 - Moved by Buck, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 45 to Section 2A -7N Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the second time (request of Howard Allen and John Q. Adams to rezone from "R-2" One and Two Family Residence District to "R-2" One and Two Family Residence District/"C-Z" Conditional Zoning property generally located on the south side of Williston Avenue, west of the Suzy Q Ice Cream Store at 1206 West Ninth Street for use as additional parking and to locate a drive -up lane). Ayes: Seven. Motion carried. 101005 - Moved by Dell, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101006 - Moved by Fox, seconded by Buck that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 101007 - Moved by Fox, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 45 to Section 2A -7N Conditional Rezoning Certain Property", be adopted (request of Howard Allen and John Q. Adams to rezone from "R-2" One and Two Family Residence District to "R-2" One and Two Family Residence District/"C-Z" Conditional Zoning property generally located on the south side of Williston Avenue, west of the Suzy Q Ice Cream Store at 1206 West Ninth Street for use as additional parking and to locate a drive -up lane). Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3933. 101008 - Larry P. Burger, Clerk/Auditor, reported that these fees are commensurate with those approved for the Park Avenue ramp several years ago. In response to a question from Councilperson Dell, Bob Stevenson, City Planner, reported that the City has submitted the expansion of the Park Avenue ramp as a possible project if the Clinton Economic Stimulus Package is approved. The resurfacing of the parking lots under 5th and 6th Streets has also been submitted. Mr. Burger reported that these increased fees will not be affected even if the City does receive said grant. Moved by Angel, seconded by Buck that "an Ordinance increasing monthly parking fees for W. Fifth Street, Civic Center and E. Fifth Street ramps", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 101009 - Moved by Budak, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101010 - Moved by Wright, seconded by Buck 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: Seven. Motion carried. 101011 - Moved by Dell, seconded by Buck that "an Ordinance increasing monthly parking fees for W. Fifth Street, Civic Center and E. Fifth Street ramps", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3934. April 12, 1993 BILLS PAYMENT Page 7 101012 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-48, in the amount of $519,282.76, dated April 12, 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. 1993-217. NEW BUSINESS 101013 - Moved by Fox, seconded by Buck to instruct City Engineer to prepare plans, specifications, form of contract, etc. for F.Y. 1993 Asphalt Overlay Program, Contract No. 447, be received, placed on file and approved. Motion carried. 101014 - Moved by Fox, seconded by Buck that plans, specifications, form of contract, etc., for the F.Y. 1993 Asphalt Overlay Program, Contract No. 447, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-218. 101015 - Moved by Fox, seconded by Buck that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as April 26, 1993, at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-219. 101016 - Moved by Fox, seconded by Buck that communication from Mayor Al Manning transmitting recommendation of appointment of Ronald Erne to Board of Adjustment, with term expiration date of December 8, 1993, be received, placed on file and approved. Motion carried. 101017 - Moved by Fox, seconded by Buck that communication from City Planner requesting authorization to sign all maintenance agreements for landscaping in conjunction with Highway 218 Corridor and landscaping ordinances, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-220. Travel Requests 101018 - Moved by Fox, seconded by Buck that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Cammie Scully, Associate Director of Recreation & Arts Commission, to attend meeting on funding capital campaigns in Minneapolis, Minnesota on April 13-14, 1993, with costs not to exceed $165.00. 2 John Meyer, Public Works Director, to attend Iowa Society of Solid Waste Operations Spring Conference in Ottumwa, Iowa, on April 28-29, 1993, with costs not to exceed $152.40. Motion carried. April 12, 1993 MISCELLANEOUS 101019 - Moved by Fox, seconded by Buck Page 8 that the following beer and liquor license permit application be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department: 1. Beer/Liquor License Permit Application Class C Broosters, 3555 University (Renewal) (Expires 4/21/94) (Includes Sunday Sales) Motion carried. BONDS 101020 - Moved by Wright, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through April 12, 1993 be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 101021 - Hugh Field, 561 Sunset and attorney representing the Sherwood Park neighborhood, asked that the issue of deannexation of the Sherwood Park area be placed on next Monday evening's City Council agenda. Bob Stevenson, City Planner, and Don Temeyer, Planning and Development Director, responded that it is the obligation of the Planning, Programming and Zoning Commission to review items that affect the comprehensive plan of the City, which would include deannexations. To this point, a legal description of the area to be deannexed has not been presented to the City. Mr. Field stated that the signatures of all property and a legal description of the area will be provided to the City noting that at the time of annexation, City services were promised to the area. Jim Walsh, City Attorney, stated that he could not render an opinion at this time as to whether or not it must first go to the Planning, Programming and Zoning Commission, but upon submission of a petition, the City will move forward as required. It was noted that even though the Planning, Programming and Zoning Commission met on April 12, this item was not brought to the City's attention in time for the agenda. City staff noted that deannexation of a portion of property to the City of Evansdale was reviewed by the Planning, Programming and Zoning Commission. Councilperson Buck questioned whether the area would become a "billboard heaven" if it were deannexed and not subject to the Highway Corridor Overlay District Ordinance. Also the issue of fire protection must be addressed. Fire Chief Stan Stapella stated that the area is provided fire protection by transporting water to the site which has been done for many years. The Mayor recommended that said item be referred to the Planning, Programming and Zoning Commission for a recommendation. No official action was taken on said item. Mayor Manning reported that the Des Moines Register recently published an article pertaining to the recent announcement of Medical Technologies Canada, Inc. to locate within the City. It alluded to the good spirit of cooperation existing in the community noting that they were very impressed with the area. Councilperson Angel expressed her thoughts that the Sherwood Park area is in need of service that the City cannot provide. Hugh Field reported that the shallow point wells in the area cannot be used due to the recent flood waters. The item of deannexation will be reviewed by the City Council on April 19, 1993 during a work session. Moved by Buck, seconded by Dell that the above oral comments be received, placed on file and the Council adjourn at 8:57 p.m. Motion carried. Larry P. Burger City Clerk/Auditor