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HomeMy WebLinkAbout02/22/1993February 22, 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, February 22, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Lemke. Absent: Dell. Invocation by: Councilperson Tony Budak Pledge of Allegiance: City Attorney Jim Walsh The Mayor read a proclamation declaring the month of April as Community College Month. 100742 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on Monday, February 22, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, February 15, 1993, at 6:00 p.m., be accepted and approved. Motion carried. ADJOURNED HEARING 100743 - HOLD HEARING --The Mayor announced that the time had arrived for the adjourned hearing of February 8, 1993 (see CR 100625) on the request of Earl J. Baugh dba Sery Quik Cleaners to rezone from "R-4" Multiple Family Residence District to "R- 4" Multiple Family Residence District/"C-Z" Conditional Zoning property generally located at 3600 Kimball Avenue for a dry cleaners and office complex. Bob Stevenson, City Planner, stated that a petition of opposition representing 21.5 percent of the surrounding property owners within 250 feet of the site has been received as well as a petition from owners of property of approximately 36.6 percent not objecting to the request. Said petition requires 3/4 approval by the City Council to approve the rezoning. The Planning, Programming and Zoning Commission recommended approval of the request subject to the following conditions: 1. A landscaping plan, as part of the proposed site plan, in compliance with the newly adopted landscape ordinance. 2. Screening acceptable to the adjoining property owners along the north and south sides of the parking lot and screening of the westerly side of the site by a 6 foot solid fence. 3. The future building shown on the site plan be limited to no more than 10,000 square feet and be used for "R-4" uses only. 4. Stormwater drainage plan approved by the City Engineering Department. 5. Ground signage be limited to one (1) monument type sign of no more than 40 square feet. Max Kirk, attorney representing the applicant, stated that the proposed use would not create any more traffic than any other commercial type use. An architectural rendering of the proposed area was provided. Landscaping requirements will remain flexible and will be approved as a part of the building permit process. Dr. Bob Bedard, owner of property to the south of the proposed area, stated that he had submitted a letter of objection to the proposed rezoning but asked that the Council take care in addressing the traffic concerns in the area. He opposed the construction of the fence along the northerly side of the property. Mark Winninger, 3318 Olympic Drive, supported the request as a nearby property owner. The proposed use would probably generate less traffic than a physician and suggested that the flexibility of the fencing requirements should address the concerns of all involved. In response to traffic concerns in the area, Bob Stevenson, City Planner, stated that the intersection of Brookeridge and Kimball Avenue does warrant a traffic signal and an application has been made for federal funds for said project. Moved by Budak, seconded by Angel 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. 100744 - Moved by Buck, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 43 to Section 2A -7N Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. February 22, 1993 Adjourned Hearing - continued. 100745 - Moved by Wright, seconded by Lemke Page 2 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Dell. Motion carried. 100746 - Moved by Buck, seconded by Budak 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: Dell. Motion carried. 100747 - Moved by Angel, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 43 to Section 2A -7N Conditional Rezoning Certain Property", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3926. 100748 - HOLD HEARING --The Mayor announced that the time had arrived on the adjourned hearing from February 8, 1993 (see CR 100633) on the request of First Security State Bank to rezone from "R-3" and "R-4" Multiple Family Residence District to "R-3" and "R-4" Multiple Family Residence District/"C-Z" Conditional Zoning property generally located on the northeast corner of Melissa Lane and San Marnan Drive for a bank facility. Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning Commission had recommended denial of said request based on the following criteria: The rezoning is not in accordance with the Land Use Plan and it would be a significant change in character and use from the residential neighborhood. Also, the bank would greatly increase traffic on Melissa Lane and Sonya Drive, two residential streets in the area. Mark Cockerham, 614 Sonya Drive, spoke against the rezoning request due to the potential traffic problems in the residential area to the west. Moved by Buck, seconded by Angel that the hearing be closed and the recommendation of denial of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Motion carried. 100749 - Moved by Budak, seconded by Angel that request of First Security State Bank to rezone from "R-3" Multiple Family Residence District and "R-4" Multiple Family Residence District to "R-3" Multiple Family Residence District and "R-4" Multiple Family Residence District/"C-Z" Conditional Zoning property generally located on the northeast corner of Melissa Lane and San Marnan Drive for use as a bank facility be denied. Ayes: Six. Absent: Dell. Motion carried. HEARINGS 100750 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Schenk Engineering for a site plan amendment for Coachlight Homes, Inc. to display mobile homes for sale within the Southview Estates Mobile Home Park on property located within an "R -4,P" Planned Residential District, as published in the Waterloo Courier on February 16, 1993, be received and placed on file. Motion carried. 100751 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, stated that the proposed rezoning would allow the sale of mobile homes within the Southview Estates Mobile Home Park. February 22, 1993 Hearings - continued Moved by Wright, seconded by Buck Page 3 that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Motion carried. 100752 - Moved by Buck, seconded by Wright that "Resolution approving site plan amendment for Coachlight Homes, Inc. to display mobile homes for sale within the Southview Estates Mobile Home Park", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-102. UNFINISHED BUSINESS 100753 - Moved by Wright, seconded by Buck that communication from Assistant City Engineer transmitting recommendation of award of contract to Youngblut Contracting, Inc. of Washburn, Iowa in the amount of $289,946.20 in conjunction with F.Y. 1993 Adrian Street Paving Program, Contract No. 442, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-103. REPORTS 100754 - Don Temeyer, Planning and Development Director, reported that the Leap to the Future Committee has updated its initial 1988 Report with an action plan and timetable. Fedon Petrides, Chairperson of the Leap to the Future Committee, stated that the plan is divided into four areas, including economic development, human development, quality of life and progressive government. Approximately 150 citizens participated in the 1992 update. If approved by the Council, it will allow the Steering Committee to proceed with implementation of said plan. Mayor Manning thanked the committee and Mr. Petrides for their work on this project. Moved by Wright, seconded by Budak that communication from Leap to the Future Steering Committee transmitting updated Leap to the Future - Year 2000 and Beyond Strategic Development Plan for the City of Waterloo, be received, placed on file and "Resolution approving said Plan", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-104. DOCUMENTS 100755 - Moved by Buck, seconded by Wright that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Reilly Construction Company, Inc. of Ossian, Iowa in the amount of $49,800.00 in conjunction with the F.Y. 1993 Salvaged Asphalt Crushing, Contract No. 446, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-105. 100756 - Councilperson Lemke asked that City staff review the possibility of selling right of way to adjacent property owners on West Airline Highway, east of Airport Boulevard. February 22, 1993 Documents - continued Moved by Buck, seconded by Wright Page 4 that communication from City Planner transmitting an Indemnification Agreement to allow Plumb Supply Company to erect a pole sign in front of 3338 W. Airline Highway within public right-of-way, 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: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-106. 100757 - Moved by Buck, seconded by Wright tlat communication from Associate Engineer transmitting Change Order No. 1 for a net increase of $5,841.71 for work performed by Borwig Building Service in conjunction with F.Y. 1993 Sidewalk Repair Block Grant Program - Zone 4, Contract No. 440, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 100758 - Moved by Buck, seconded by Wright that communication from Transportation Program Manager transmitting recommendation of award of Demolition Contract A -93(D) to Christy Corporation in the amount of $14,770.00, be received, placed on file and "Resolution authorizing said award of contract", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-107. RESOLUTIONS TO BE ADOPTED 100759 - Don Temeyer, Planning and Development Director, stated that the ADA Compliance Commission will prepare a transitional plan for public facilities and buildings. The Commission will make recommendations to the City Council on priority items for accessibility to and within public structures. The Commission will automatically sunset in five years. The Planning and Development Division will provide staff support for the Commission. Moved by Budak, seconded by Wright that "Resolution of the City Council of the City of Waterloo, Iowa, establishing an ADA Compliance Commission and establishing said powers", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-108. 100760 - Moved by Budak, seconded by Wright that "Resolution setting date of hearing as March 1, 1993 at 7:00 p.m. in the City Hall Council Chambers on transfer of deed for property generally located at 924 Lafayette Street to Felons and Community Together (F.A.C.T.)", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-109. 100761 - Moved by Budak, seconded by Wright that "Resolution authorizing and directing the Clerk/Auditor to destroy certain records and papers as provided in Section 372.13, Paragraph 5, Code of Iowa", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-110. 100762 - The Mayor announced that the time had arrived for discussion on the Reorganization Committee's report dated December 21, 1992. Moved by Buck, seconded by Budak that the Mayor's Reorganization Committee's Reorganization Plan be received and placed on file. Motion carried. February 22, 1993 Resolutions to be Adopted - continued 100763 - Moved by Buck, seconded by Angel Page 5 that the recommendation to move the Waterloo Housing Authority to the former East Side Library location be received, placed on file and approved. Prior to a vote on this motion, the following discussion was heard. Deb Collett, Executive Director of the Waterloo Housing Authority, generally supported the move to the former East Side Library but had concerns regarding space and personnel matters. She stated that federal money would be available for handicap accessibility to the building. She stated that she was willing to cooperate in whatever way possible to facilitate the move by July 1, 1993. Ayes: Six. Absent: Dell. Motion carried. 100764 - The possibility of merging the Park and Recreation Commissions was discussed. Rick Tagtow, Director of Parks and Forestry, suggested that a committee be appointed to put an outline together for Council consideration. Dean Myhr, Director of the Recreation Department, supported Mr. Tagtow's suggestion and stated that board members should be involved in this process. The six division concept was discussed. Rick Tagtow, Director of Parks & Forestry, stated that he is receptive to reorganization but would like an opportunity to look at how it would be developed. It was suggested that each of the division concepts suggested by the Mayor's Reorganization Committee be investigated by City staff. Moved by Fox, seconded by Buck that the Personnel section of the report be approved as contained in the Mayor's proposal regarding Total Quality Management, cross utilization and privatization. Ayes: Six. Absent: Dell. Motion carried. 100765 - Moved by Angel, seconded by Fox that the Fiscal section of the report be approved as contained in the Mayor's proposal regarding fees, taxation and adequate capitalization. Ayes: Six. Absent: Dell. Motion carried. 100766 - Discussion on the Animal Control Department was discussed and how services could possibly be shared between jurisdictions. Moved by Fox, seconded by Buck that the Boards and Commissions section of the report be approved as contained in the Mayor's proposal regarding redefining the roles and responsibilities of all boards and commissions, unless predefined by statute, and establishing policy regarding membership on boards and commissions. Ayes: Six. Absent: Dell. Motion carried. 100767 - Moved by Lemke, seconded by Buck that the Organization section of the report be approved as contained in the Mayor's proposal regarding cable television operations as part of the Administrative Services Division, the Engineering Department would fall within the Community Planning and Development Division instead of the Public Works Division, and investigating contracting with the Black Hawk County Health Department for animal control services. Ayes: Six. Absent: Dell. Motion carried. BILLS PAYMENT 100768 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-55, in the amount of $1,201,171.57, dated February 22, 1993, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Five. Abstain: Buck. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-111. February 22, 1993 Page 6 Travel Requests 100769 - Moved by Angel, seconded by Wright that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Gary Simmons, Superintendent, and Jack Loynachan, Operations Coordinator, to attend the 37th Great Plains Water Environment and Solid Waste Management Conference in Omaha, Nebraska on March 24 and 25, 1993, with costs not to exceed $245.00 each. Motion carried. MISCELLANEOUS 100770 - Moved by Fox, seconded by Buck 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 B National Cattle Congress Exposition, 300 Rainbow Drive, transfer from Estel Hall to Pavilion (2/24/93 to 9/18/93) (Includes Sunday Sales) 2. Beer License Permit Application Class C Petro -N -Provisions, 1807 LaPorte Road (Renewal) (Expires 4/11/94) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C Civic Center, West 4th & Commercial (Renewal) (Expires 3/1/94) (Includes Sunday Sales) Holiday Inn, 205 West 4th Street (Renewal) (Expires 2/28/94) (Includes Sunday Sales) Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (New) (Expires 3/12/94) (Includes Sunday Sales) Pat's Tavern, 303 West 4th Street (Renewal) (Expires 4/1/94) (Includes Sunday Sales) National Cattle Congress Pavilion, 300 Rainbow Drive (New) (Expires 3/1/94) (Includes Sunday Sales) 4. Beer/Wine License Permit Application Class C The Wishbone, 201-5 West 18th Street (New) (Expires 3/7/94) (Includes Sunday Sales) 5. Liquor License Permit Application Class A Club Knights of Phythias, 244 Ash (Renewal) (Expires 3/9/94) (Includes Sunday Sales) Motion carried. BONDS 100771 - Moved by Wright, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through February 22, 1993, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 100772 - A citizen suggested that their is a conflict between the city ordinance regarding snow removal and a brochure distributed by city staff. City staff responded that regrettably this had happened in error and measures were being taken to address this situation. No action was taken on his ticket. February 22, 1993 Page 7 Oral Presentations - continued Councilperson Angel questioned the Mayor's inclusion of the cable television operation under the direction of the Administrative Services Division. She suggested that more information be provided on this issue. Shirley Koslowski, 816 Archer Avenue and a member of the Cable Commission, reiterated that the Cable Commission has very little power to regulate the cable company. The Commission is attempting to utilize cable channel 2 on a more regular basis. Mayor Manning stated that the Waterloo Diamonds have kicked off a campaign to raise nearly $1 million for improvements to the municipal stadium. A non-profit corporation has been formed to begin fund-raising efforts. Moved by Buck, seconded by Lemke that the above oral comments be received and placed on file. Motion carried. 100773 - City Attorney Jim Walsh stated that labor negotiations are an approved topic of Executive Session as authorized by Iowa Code Section 20.16. Moved by Fox, seconded by Buck that the Council adjourn to Executive Session. Ayes: Six. Absent: Dell. Motion carried. EXECUTIVE SESSION 100774 - Moved by Buck, seconded by Wright that the Council adjourn the Executive Session. Ayes: Six. Absent: Dell. Motion carried. Adjournment 100775 - Moved by Buck, seconded by Wright that the Council adjourn at 9:01 p.m. Motion carried. Larry P. Burger City Clerk/Auditor