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HomeMy WebLinkAbout01/11/93January 11, 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, January 11, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke Invocation: A Moment of Silence Pledge of Allegiance by: Troop 34 --Melissa York, Emily Graham, Kim Hansen 100495 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on Monday, January 11, 1993, at 7:00 p.m. and the Minutes of the Regular Session on Monday, January 4, 1993, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 100496 - Moved by Angel, seconded by Dell that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1993 City Fueling Facility, Contract No. 451, as published in the Waterloo Courier on December 30, 1992, be received and placed on file. Motion carried. 100497 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Budak, seconded by Angel that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-9. 100498 - Moved by Buck, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-10. 100499 - Moved by Lemke, seconded by Fox to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award of contract delayed): Bidder Bid Bond Bid Amount Dick's Petroleum, Tripoli, IA 5% $161,177.14 Seneca Corporation, Des Moines, IA 5% $170,819.00 Motion carried. HEARINGS 100500 - Moved by Budak, seconded by Dell that proof of publication of notice of public hearing on amendments to Long Range Land Use Plan, as published in the Waterloo Courier on December 30, 1992, be received and placed on file. Motion carried. 100501 - 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 Planning, Programming and Zoning Commission has recommended approximately 100 changes to the existing Land Use Plan, a copy of which is on file in the office of the City Planner. Said amendments were specifically viewed by the City Council during a Work Session earlier in the evening. January 11, 1993 Hearings - continued Moved by Buck, seconded by Angel Page 2 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. 100502 - Moved by Fox, seconded by Wright that "Resolution approving amendments to Long Range Land Use Plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-11. 100503 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on request of Rick Bauer to vacate a portion of the eight foot drainage easement generally located along the west side of the residence at 575 Pioneer Road, as published in the Waterloo Courier on December 30, 1992, be received and placed on file. Motion carried. 100504 - 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 Planning, Programming and Zoning Commission had unanimously recommended approval to vacate that portion of the drainage easement that is occupied by the single family residence at 575 Pioneer Road. Moved by Wright, seconded by Budak 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. 100505 - Moved by Angel, seconded by Buck that "an Ordinance vacating a portion of the eight foot drainage easement generally located along the west side of the residence at 575 Pioneer Road", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 100506 - Moved by Buck, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 100507 - Moved by Fox, 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: Seven. Motion carried. 100508 - Moved by Lemke, seconded by Budak that "an Ordinance vacating a portion of the eight foot drainage easement generally located along the west side of the residence at 575 Pioneer Road", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3915. 100509 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of William J. Rickert to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District property generally located along the east side of Hoff Road and the north side of West Shaulis Road for a single family residential development, as published in the Waterloo Courier on December 30, 1992, be received and placed on file. Motion carried. .04 January 11, 1993 Hearings - continued Page 3 100510 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, stated that a petition opposing the request is on file representing 7.4 percent of the surrounding property owners within 250 feet of the request. A second petition representing 1.4 percent of the surrounding property owners within 250 feet of the request is in favor of said request. It was noted that this would be a large lot development of approximately 3 acre lots with a small portion of the southwesterly part of said property not serviced by sanitary sewer. Bill Rickert, applicant, spoke in favor of the request noting that said property, known as Audubon Heights, will contain a deed restriction allowing only single family residences in said area. Moved by Buck, seconded by Dell that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, petitions in support and in opposition, and written and oral comments be received and placed on file. Motion carried. 100511 - Moved by Fox, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 273 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 100512 - Moved by Dell, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 100513 - Moved by Budak, 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. 100514 - Moved by Fox, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 273 to Section 2A-5 Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3916. 100515 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on request of Mr. and Mrs. Elvin Tragord and Mr. and Mrs. Richard Conerd to rezone from "M-1" Light Industrial District to "R-2" One and Two Family Residence District property generally located between Gilbert Drive and Creston Avenue, and between Fulton Street and Dubuque Road, as published in the Waterloo Courier on December 30, 1992, be received and placed on file. Motion carried. 100516 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, stated that a petition opposing the request from the owner of approximately 11 percent of the area to be rezoned and the owners of approximately 42 percent of the surrounding property within 250 feet of the area to be rezoned were on file. A petition was also received in favor of the rezoning from owners of approximately 84 percent of the area to be rezoned and the owners of approximately 37 percent of the surrounding property. It was the recommendation of the Planning, Programming and Zoning Commission to approve said request. With the petitions of opposition, the request would require a 3/4 favorable vote of the full Council. January 11, 1993 Page 4 Hearings - continued Dick Conerd, 1026 Fulton Avenue, spoke in support of the request and urged the Council's approval of same. Moved by Wright, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, petitions of support and opposition, and written and oral comments be received and placed on file. Motion carried. 100517 - Moved by Dell, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 274 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 100518 - Moved by Lemke, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 100519 - Moved by Wright, seconded by Lemke 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. 100520 - Moved by Buck, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 274 to Section 2A-5 Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3917. 100521 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as amended, as it pertains to minor site plan amendments in the "S-1" Shopping Center Districts and to Special Permit users, as published in the Waterloo Courier on December 30, 1992, be received and placed on file. Motion carried. 100522 - 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 said amendment would allow minor site plan amendments in "S-1" Shopping Center Districts to be administratively approved by the Planning staff. If the amendments were significant, the matter would be brought to the City Council for disposition. Moved by Buck, seconded by Wright 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. 100523 - Moved by Budak, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance as it pertains to minor site plan amendments in the "S-1" Shopping Center Districts and to Special Permit uses", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 100524 - Moved by Wright, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. January 11, 1993 Hearings - continued 100525 - Moved by Fox, seconded by Angel Page 5 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. 100526 - Moved by Angel, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance as it pertains to minor site plan amendments in the "S-1" Shopping Center Districts and to Special Permit Uses", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3918. PETITIONS FROM PUBLIC 100527 - Moved by Buck, seconded by Angel that communication from City Engineer transmitting temporary signage request from Roger Hickins, Grand Motors, for placement of temporary signs on city right of way at the corner of Eighteenth Street and U.S. 218 in conjunction with Intercity Interceptor, Stage IX, West 18th Street to West 7th Street, Contract No. 432, 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. 1993-12. DOCUMENTS 100528 - Don Temeyer, Planning and Development Director, stated that this 28E Agreement is necessary since Hawkeye Community College wishes to create a Tax Increment Finance District in an area that has already been designated as a TIF District. This agreement states that funds generated from this TIF District would be utilized for paying for the job training program for Ruppman employees. Moved by Buck, seconded by Angel that communication from Planning and Development Director transmitting a 28E Agreement with Hawkeye Community College and Ruppman Marketing Technology in conjunction with Tax Increment Financing job training, 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. Abstain: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-13. 100529 - Moved by Buck, seconded by Angel that communication from City Planner transmitting an agreement with the Iowa Department of Transportation for erosion control in conjunction with Relocated Highway 218 right of way from 6th to 10th Streets, NHS -218-7(116)--19-07, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-14. RESOLUTION TO BE ADOPTED 100530 - Moved by Buck, seconded by Angel that "Resolution appointing Mark Boesen Acting Community Development Administrator and affixing temporary salary", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-15. January 11, 1993 ORDINANCE TO BE ADOPTED 100531 - Moved by Wright, seconded by Lemke Page 6 that "an Ordinance amending the Plumbing Code of the City of Waterloo, Iowa, by repealing Article XV, Inspection Fees, and by enacting in lieu thereof a new Article XV, Inspection Fees (plumbing inspection fees)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 100532 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 100533 - Moved by Dell, seconded by Wright 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. 100534 - Moved by Fox, seconded by Budak that "an Ordinance amending the Plumbing Code of the City of Waterloo, Iowa, by repealing Article XV, Inspection Fees, and by enacting in lieu thereof a new Article XV, Inspection Fees (plumbing inspection fees)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3919. BILLS PAYMENT 100535 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-46, in the amount of $1,819,375.00, dated January 11, 1993, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-16. NEW BUSINESS 100536 - Moved by Buck, seconded by Wright that communication from City Planner transmitting amendments to Chapter 3 of the Code of Ordinance pertaining to signs projecting over public property, be received, placed on file and "Resolution setting date of hearing as February 1, 1993, at 7:00 p.m. in the City Hall Council Chambers on the above amendments", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-17. 100537 - Moved by Buck, seconded by Wright that communication from Planning and Development Director transmitting petitions of support from downtown property owners regarding re-establishment of Downtown Self -Supported Municipal Improvement District (SSMID), be received, placed on file and "Resolution setting date of hearing as February 1, 1993 at 7:00 p.m. in the City Hall Council Chambers on re-establishment of Self -Supported Municipal Improvement District", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-18. 100538 - Moved by Buck, seconded by Wright that communication from Clerk/Auditor transmitting recommendation of appointment of Randy Shepard to the position of Maintenance Assistant, subject to passing physical examination, be received, placed on file and approved. Motion carried. January 11, 1993 Travel Request 100539 - Moved by Buck, seconded by Wright that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Louis Cutwright, Building Official, to attend Plans Examiner examination in Des Moines, Iowa on March 13, 1993, with costs not to exceed $120.00, including the use of city vehicle. Page 7 Motion carried. MISCELLANEOUS 100540 - Moved by Buck, 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 Paul's Standard, 428 Franklin (Renewal) (Expires 1/28/94) (Includes Sunday Sales) Motion carried. 100541 - Moved by Buck, seconded by Angel that communication from Associate Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Dolan Concrete & Masonry Inc. in conjunction with F.Y. 1993 Sidewalk Repair Assessment Program - Zone 4, Contract No. 441, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-19. 100542 - Moved by Buck, seconded by Angel that communication from Associate Engineer transmitting Maintenance Bonds from Dolan Concrete & Masonry Inc in conjunction with F.Y. 1993 Sidewalk Repair Assessment Program - Zone 4, Contract No. 441, be received, placed on file and approved. Motion carried. 100543 - Moved by Buck, seconded by Angel that "Resolution ordering preparation of final plan and schedule of assessments for the F.Y. 1993 Sidewalk Repair Assessment Program - Zone 4, Contract No. 441", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-20. 100544 - Moved by Buck, seconded by Angel that "Resolution adopting and levying final schedule of assessments, and providing for payment thereof for the F.Y. 1993 Sidewalk Repair Assessment Program - Zone 4, Contract No. 441", be adopted and Clerk/Auditor authorized to certify said assessments with the Black Hawk County Treasurer. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-21. BONDS 100545 - Moved by Wright, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through January 11, 1993, be received, placed on file and report and bonds approved. Motion carried. The Mayor called for oral presentations, and there were none. January 11, 1993 ADJOURNMENT 100546 - Moved by Buck, seconded by Wright that the Council adjourn at 7:50 p.m. Motion carried. Larry P. Burger City Clerk/Auditor Page 8 CITY COUNCIL WORK SESSION January 11, 1993 5:30 p.m. Large Conference Room Roll call: Mayor Manning, Budak, Buck, Dell, Fox, Lemke, Angel and Wright. The purpose of said meeting was to discuss action taken by the Community Development Board appointing Mark Boesen as Community Development Administrator following the death of former director Jim Lindsey. Mayor Manning stated that Resolution 13351 adopted by the Waterloo City Council in 1959 gave the Community Development Board power to appoint their director ...and employees. The Mayor also stated that City Attorney Jim Walsh has reviewed the resolution adopted in 1959 and it is Mr. Walsh's opinion that changes in the Iowa Code have nullified the original appointing powers granted to the Board. Mr. Walsh's opinion is the same as two previous city attorneys who reviewed this same issue in the early and mid 1980's. Russ Lowe, Chairperson of the Community Development Board, stated that in speaking with Attorney Al Frerichs the action taken by the Board did not follow the Affirmative Action plan of the city so he recommended that the process begin anew. It was Mr. Lowe's and Board members' opinion that the Board's action was not in violation of any city policies or procedures since appointing authority is expressly given in Resolution 13351 adopted by the Waterloo City Council in 1959. He stated that it was not the Board's intent to bypass the city council or do it without their knowledge. It was their opinion that until the city council changed said resolution, the Board has the right to appoint their director and employees. Councilperson Fox questioned why a city board would employ their own attorney and questioned the differing view points. City Attorney Jim Walsh commented that the board does not need to employ a separate attorney on this issue. Mr. Lowe responded by stating that the board has always had an attorney to handle Board matters. An opinion issued by Attorney Frerichs on February 10, 1987, on this issue stated that the board did have the authority to appoint their director. Discussion continued concerning the Community Development Board's use of an outside attorney for legal matters and that since adoption of the 1959 resolution, the State statute has changed that now voids the powers expressly allowed in said resolution. Concern was raised that this department head opening be treated similarly to other upcoming department head vacancies. After discussion, it was agreed that the position of director of the Community Development Board be referred to the Human Resources Committee on Wednesday, January 13, 1993 at 3:00 p.m. to discuss the details of the recruitment and selection procedure for hiring a new director. The resolution on this evening's council agenda will be amended to appoint Mr. Boesen as acting director. Discussion also indicated that a resolution could possibly appear on the city council agenda at a future meeting addressing the powers of the Community Development Board to appoint their director and employees. No official action was taken by the council. With no further business before the council, the meeting was adjourned at 6:00 p.m. Larry P. Burger City Clerk/Auditor CITY COUNCIL WORK SESSION January 11, 1993 5:15 p.m. Large Conference Room Roll call: Mayor Manning, Budak, Buck, Angel, Lemke, Dell, Fox and Wright. The purpose of the meeting was to discuss proposed changes to the city's long range land use plan. The Planning, Programming & Zoning Commission has reviewed the proposed use changes and have recommended approval. Don Temeyer, Planning & Development Director, stated that the State Code of Iowa requires that municipalities review and adopt updated land use plans every five years to conform to changes within the community. The purpose of a land use plan is to guide the orderly growth of the community considering such entities as transportation, sewer availability, surrounding land uses and utilities' accommodations, among others. Specific land use changes were identified which total approximately 100. Major changes include the Northeast Industrial Site and the U.S. 63 Highway Corridor South. No official action was taken by the city council. Said item will appear as a public hearing on the council agenda of January 11, 1993. With no further business before the Work Session, the meeting was adjourned at 5:30 p.m. Larry P. Burger City Clerk/Auditor