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HomeMy WebLinkAbout03/13/95March 13, 1995 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, March 13, 1995. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff. Invocation by: Councilperson Jerry Anders Pledge of Allegiance: Brownie Troop #434 --Anna Kimball, Jennifer Haar, Jessica Plants, Jamie Cutsforth, Elizabeth Stoycheff, Eva Hansen, Stephanie Trepp, and Pamela Haar, Co -Leader and Joyce Plants, Leader Recognition of Week: Mauer Eye Clinic, Dr. Richard C. Mauer 104413 - Mollenhoff/Collier that the Agenda, as proposed, for the Regular Session on Monday, March 13, 1995 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 104414 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Monday, March 6, 1995 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a Proclamation declaring April 20, 1995 as D.A.R.E. Day. Mayor Rooff read a Proclamation declaring the week of April 22-30, 1995 as Clean - Sweep Week with Saturday, April 29, 1995 proclaimed as Clean -Sweep Day. ADJOURNED HEARING 104415 - This being the time and place of adjourned hearing from March 6, 1995 (see CR 104393) on the request of the Eagle Ottawa Tannery for a "M -2,P" site plan amendment for property generally located north of the Chicago & North Western Railroad and east of N. Elk Run Road to construct a 57,000 square foot addition, the Mayor called for oral and written comments. Murphy/Jordan that the hearing be closed. Ayes: Seven. Motion carried. 104416 - Anders/Collier that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-142. HEARINGS 104417 - Krizek/Jordan that proof of publication of notice of public hearing on request of Waterloo Airport Commission to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District property generally surrounding the Waterloo Airport, as published in the Waterloo Courier on March 2, 1995, be received and placed on file. Ayes: Seven. Motion carried. 104418 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mollenhoff/Jordan 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. Ayes: Seven. Motion carried. 104419 - Collier/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 285 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 104420 - Jordan/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 104421 - Mollenhoff/Collier that the following ordinance be recorded as having been considered and passed for the second and third time and now placed on its final adoption. Ayes: Seven. Motion carried. March 13, 1995 Hearings - continued 104422 Collier/Jordan Page 2 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 285 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4077. 104423 Krizek/Collier that proof of publication of notice of public hearing on request of David Welch to rezone from "R-4" Multiple Family Residence District to "C-1" Commercial District property generally located at 1033 Decathlon Drive to lease a portion of the building for a television and home entertainment showroom and other future uses, as published in the Waterloo Courier on March 2, 1995, be received and placed on file. Ayes: Seven. Motion carried. 104424 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Murphy/Jordan 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. Ayes: Seven. Motion carried. 104425 - Jordan/Collier that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 286 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 104426 - Krizek/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 104427 - Jordan/Mollenhoff that the following ordinance be recorded as having been considered and passed for the second and third time and now placed on its final adoption. Ayes: Seven. Motion carried. 104428 - Mollenhoff/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 286 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4078. 104429 - Mollenhoff/Jordan that proof of publication of notice of public hearing on request of W. C. Stokes to rezone from "R-2" One and Two Family Residence District to "R -4,R -P" Planned Multiple Family Residence District property generally located on the north end of Peek Street between North Barclay Street and Hewitt Street to construct an elderly apartment complex, as published in the Waterloo Courier on March 2, 1995, be received and placed on file. Ayes: Seven. Motion carried. 104430 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections. Councilperson Collier asked if the complex was sold, would the age limitation for residents remain or be allowed to change with the change of ownership. City Attorney Jim Walsh explained that the zoning requirements stay with the land and cannot be changed if sold. The only way to change the limitation would be to petition the Planning and Zoning Commission and the City Council for a change in the limitations. Councilperson Collier stated that area residents have other concerns, including their property taxes being increased by this new development and enforcing upkeep on the interior along with the exterior of the complex. Mr. Walsh stated that neighboring property taxes should not be influenced by this development. The zoning requirements do address exterior upkeep but the City doesn't address individual's housekeeping efforts. The Building Inspectors will inspect the units before they are inhabited but the City won't address the interior unless there is a public health complaint. Don Temeyer, City Planner, outlined the limitations that were proposed by the Planning Commission to which Mr. Stokes agreed to abide. Councilperson Collier asked how the three day visitation limit was set. W. C. Stokes, 2111 Sky Line Dr, stated that three days were arrived at by allowing for a full weekend visitation without having to give notice to the landlord. March 13, 1995 Page 3 Hearings - continued Councilperson Anders inquired whether Peek Street would have an entrance to the complex. Don Temeyer, City Planner, stated that the original site plan had an entrance from Peek Street but this was amended after the Planning Commission meeting, and the site plan for approval has only one entrance onto North Barclay Street. B.C. Bennett, 434 Charles Street, stated his opposition to this development. Traffic on North Barclay is already a problem and this addition to the neighborhood will cause more congestion. The neighborhood needs to be cleaned up. Louise Williams, 437 Gable Street, explained that this is the second time she has addressed this issue before the City Council for rezoning the property. Fifteen years ago the same property was up for rezoning and neighborhood protests defeated the change. The neighbors are opposed to this rezoning. One of the major concerns is that there is only one way in or out of the complex. If the traffic flow is a problem and a new street needs to be built, will the neighboring properties be assessed for the street construction. Residents on Warren Drive are concerned that the new complex will adversely affect their property values. Residents are also concerned that other surrounding land owners may request rezoning and there would be too many dwellings located in a small area. Ruth Scott, 433 Oliver, stated her support of the project. The residents need to clean up this area as there are frequent problems with dumping of tires, trash and junk cars. If the property is developed the dumping should be abated. John Calloway, 629 Gable Street, supports the rezoning. It will be wonderful to have a new building in the neighborhood. Hewitt Street does have traffic problems that bear watching. Nakita Ray, 1128 North Barclay Street, stated her support of the development. She is an employee of W.C. Stokes and has witnessed his help to the community. He is a landlord and rehabilitated her home. He has strict rules for his tenants to abide by. The absentee landlords create problems with their lack of concern. Strict landlords, like Mr. Stokes, enforce the need to have a clean area which helps the community. She submitted a petition in support of this development to members of the council. Getty/Jordan that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, subject to conditions as agreed by W. C. Stokes, the petition of objection from more than 20 percent of the owners of the surrounding property, petition of support and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 104431 - Jordan/Getty that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 287 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Collier. Motion carried. 104432 - Getty/Collier that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 287 to Section 2A-5, Rezoning Certain Property", proceed to March 27, 1995 for the second reading. Prior to a vote on the above motion, the following discussion was heard. Councilperson Collier requested that further action by the Council be delayed until he has an opportunity to speak to his constituents about this area. Councilperson Krizek asked if postponing for two weeks will allow Councilperson Collier enough time to speak to the residents due to his travel plans. Councilperson Collier believed two weeks was an adequate period. Councilperson Jordan stated his support of the developer for undertaking this project. He reminded the Council that further delays could affect the developer's construction schedule. Councilperson Mollenhoff commended Mr. Stokes for his willingness to invest in the community. Many projects have been utilizing federal or state funds for this kind of undertaking and it is a credit to Mr. Stokes that he is willing to support this project with private dollars. Ernie Boyken, PO Box 1801, stated she recognized the Council's desire to help the developer but she felt that delaying two weeks would help foster an improvement to the relationship between the developer and the neighborhood. B.C. Bennett, 434 Charles Street, exclaimed his displeasure with the vote and expressed his feelings that the residents aren't getting to have their say in the rezoning issue. Following discussion, a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. March 13, 1995 UNFINISHED BUSINESS 104433 - Getty/Mollenhoff that communication from City Engineer contract to Suckow Concrete Construction $96,477.11 in conjunction with the F.Y. Contract No. 482, be received, placed on of contract", be adopted. Ayes: Seven. - Page 4 transmitting recommendation of award of , Inc. of Hazleton, Iowa in the amount of 1995 Sidewalk Repair Program - Zone 7, file and "Resolution approving said award Resolution adopted and upon approval by Mayor assigned No. 1995-143. 104434 - Mollenhoff/Jordan that communication from Assistant City Engineer transmitting recommendation of award of contract to Kuhlman Construction Company of Colesburg, Iowa in the amount of $62,920.00 in conjunction with the F.Y. 1995 Salvaged Asphalt Crushing, Contract No. 484, 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. 1995-144. 104435 - Krizek/Jordan that communication from Housing Director transmitting recommendation of award of contract to Borwig Building Services of Waterloo, Iowa in the amount of $123,767.40 in conjunction with Comprehensive Improvements Assistance Program (CIAP) Grant Project at Ridgeway Towers Apartments, 225 W. Ridgeway, 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. 1995-145. 104436 - Jordan/Murphy that communication from Building Maintenance transmitting recommendation of award of contract to 3-E Electrical Engineering Equipment of Waterloo, Iowa in the amount of $64,360.64 in conjunction with the Energy Lighting Conservation Program 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. 1995-146. 104437 - Mollenhoff/Collier that authorization for city personnel to proceed with the completion of the Energy Lighting Conservation Program be received, placed on file and approved. Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 104438 - Mollenhoff/Collier that communication from City Planner transmitting request to sell and convey to the First Church of the Open Bible the triangular shaped property generally located at the northeasterly corner of W. 7th Street and Bluff Street for $1.00, be received, placed on file and "Resolution setting date of hearing as April 3, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-147. DOCUMENTS 104439 - Krizek/Jordan that communication from City Engineer transmitting an Application for Use of Highway Right of Way for Utilities Accommodation to allow TCI of Northern Iowa to bury the current overhead fiber optics and coaxial cable at the Highway 63 and Ansborough Avenue intersection, 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. 1995-148. 104440 - Getty/Collier that communication from Housing Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $123,767.40 from Borwig Building Services of Waterloo, Iowa in conjunction with Comprehensive Improvements Assistance Program (CIAP) Grant Project at Ridgeway Towers Apartments, 225 W. Ridgeway, 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. 1995-149. March 13, 1995 Documents - continued 104441 - Mollenhoff/Collier Page 5 that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $62,920.00 from Kuhlman Construction Company of Colesburg, Iowa in conjunction with F.Y. 1995 Salvage Asphalt Crushing, Contract No. 484 be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-150. 104442 Anders/Murphy that communication from City Engineer transmitting an Easement Agreement with the City of Cedar Falls for the purpose of installing fiber optic transmission lines between UNI and the National Guard facilities near the Waterloo Airport, together with recommendation of approval of Public Works Committee, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-151. 104443 - Jordan/Collier that communication from City Planner transmitting a Partial Release of Real Estate Mortgage Agreement for property located in the First Addition to Galloway, Waterloo Lot 25, in conjunction with the sale of Disposal Parcel H, Ansborough Avenue (North), be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-152. 104444 - Collier/Anders that communication from City Planner transmitting an agreement with Keith Sandvold for final judgment responsibility in conjunction with sale of Disposal Parcel H, Ansborough Avenue (North), be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-153. RESOLUTIONS TO BE ADOPTED 104445 - Mollenhoff/Jordan that "Resolution changing the time of the council meeting of March 27, 1995 from 7:00 p.m. to 4:00 p.m. in the City Hall Council Chambers to allow Mayor Rooff and Council Members to attend Cedar Falls Council meeting", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-154. 104446 - Jordan/Collier that "Resolution authorizing the City Engineer and Assistant City Engineer to be the delegated city officials to approve Iowa Department of Transportation Application for Use of Highway Right of Way for Utilities Accommodation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-155. ORDINANCES TO BE ADOPTED 104447 - Mollenhoff/Jordan that "an Ordinance re-establishing the Downtown Self -Supported Municipal Improvement District (SSMID)", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 104448 - Murphy/Collier that "an Ordinance re-establishing the Downtown Self -Supported Municipal Improvement District (SSMID)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4079. March 13, 1995 Ordinances to be Adopted - continued 104449 - Jordan/Collier Page 6 that "an Ordinance rescinding the part of Ordinance No. 4074, adopted on February 20, 1995, regarding the Board of Adjustment: by Repealing Section 2A-49, Appointment -Membership, of Part XXIII, Board of Adjustment, of the City of Waterloo, Iowa, Zoning Ordinance No. 2479, as Amended; and Re-enacting the Original Section 2A-49, Appointment -Membership, of Part XXIII, Board of Adjustment, of the City of Waterloo, Iowa, Zoning Ordinance No. 2479, as amended (re-enacting length of term of office to five years)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 104450 - Mollenhoff/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 104451 - Collier/Jordan that the following ordinance be recorded as having been considered and passed for the second and third time and now placed on its final adoption. Ayes: Seven. Motion carried. 104452 - Anders/Mollenhoff that "an Ordinance rescinding the part of Ordinance No. 4074, adopted on February 20, 1995, regarding the Board of Adjustment: by Repealing Section 2A-49, Appointment -Membership, of Part XXIII, Board of Adjustment, of the City of Waterloo, Iowa, Zoning Ordinance No. 2479, as Amended; and Re-enacting the Original Section 2A-49, Appointment -Membership, of Part XXIII, Board of Adjustment, of the City of Waterloo, Iowa, Zoning Ordinance No. 2479, as amended (re-enacting length of term of office to five years)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4080. 104453 Jordan/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 1, of Article XIV, Inspection Tests and Miscellaneous Regulations (Part of Section 30-2, Certain Sections Re-enacted), of Chapter 30, Plumbing; and enacting in lieu thereof a new Section 1 of Article XIV, Inspection Tests and Miscellaneous Regulations (Part of Section 30-2, Certain Sections Re- enacted), of Chapter 30, Plumbing (requiring water softener installers to obtain permits, insurance, inspection, and pay inspection fees)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 104454 - Jordan/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 104455 - Collier/Krizek that the following ordinance be recorded as having been considered and passed for the second and third time and now placed on its final adoption. Ayes: Seven. Motion carried. 104456 - Collier/Krizek that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 1, of Article XIV, Inspection Tests and Miscellaneous Regulations (Part of Section 30-2, Certain Sections Re-enacted), of Chapter 30, Plumbing; and enacting in lieu thereof a new Section 1 of Article XIV, Inspection Tests and Miscellaneous Regulations (Part of Section 30-2, Certain Sections Re- enacted), of Chapter 30, Plumbing (requiring water softener installers to obtain permits, insurance, inspection, and pay inspection fees)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4081. 104457 - Collier/Murphy that "an Ordinance amending the 1991 Traffic Code by repealing Section 273, No Parking; and enacting in lieu thereof a new Section, 273, No Parking (parking between curb line and sidewalk line)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 104458 - Mollenhoff/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. March 13, 1995 Ordinances to be Adopted - continued 104459 - Jordan/Krizek Page 7 that the following ordinance be recorded as having been considered and passed for the second and third time and now placed on its final adoption. Ayes: Seven. Motion carried. 104460 - Murphy/Collier that "an Ordinance amending the 1991 Traffic Code by repealing Section 273, No Parking; and enacting in lieu thereof a new Section, 273, No Parking (parking between curb line and sidewalk line)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4082. BILLS PAYMENT 104461 - Krizek that "Resolution approving Schedule A918, pp. 1-53, dated March 13, 1995, in the amount of $433,117.33, a copy of which is on file in the City Clerk's office, with Councilperson Mollenhoff abstaining on PV 96625 ", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-156. NEW BUSINESS 104462 - Mollenhoff/Jordan that communication from Mayor Rooff transmitting recommendation of re -appointment of Jim Brekunitch and Cecil Crow to the Plumbing Code Committee and Examining Board, with term expiration date of March 1, 1998, be received, placed on file, and approved. Ayes: Seven. Motion carried. 104463 - Jordan/Murphy that communication from Mayor Rooff transmitting recommendation of re -appointment of James Volgarino and Renata Sack to the Design Review Board, with term expiration date of May 7, 1997, be received, placed on file and approved. Ayes: Seven. Motion carried. 104464 - Jordan/Collier that communication from Community Development Administrator transmitting letter of support to Newberry Library to include Rath Buildings #148 and #149 in the study of potential National Historic Landmark sites, together with recommendation of approval of Silos and Smokestacks, be received, placed on file and approved. Ayes: Seven. Motion carried. 104465 - Krizek/Collier to instruct City Engineer to prepare plans, specifications, form of contract, etc. for the F.Y. 1995 Concrete and Structure Repair Program , Contract No. 476, be received, placed on file and approved. Ayes: Seven. Motion carried. 104466 - Jordan/Murphy that plans, specifications, form of contract, etc. for the F.Y. 1995 Concrete and Structure Repair Program, Contract No. 476, be received, placed on file and approved. Ayes: Seven. Motion carried. 104467 - Getty/Mollenhoff that "Resolution preliminarily approving plans, specifications, etc. for the above project", :be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-157. 104468 - Krizek/Collier that "Resolution setting date of hearing on plans, specifications, etc. and taking of bids as April 3, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-158. 104469 - Krizek/Murphy to instruct: Superintendent of Traffic Operations to prepare specifications, form of contract, etc. for the Traffic Signal Pole Painting, Contract No. 1, be received, placed on file and approved. Ayes: Seven. 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Beer License Permit Application Class B Byrnes Park Golf Course, 1000 Fletcher Avenue (Seasonal --3/21/95 thru 11/21/95) (Includes Sunday Sales) Waterloo Women's Softball, Exchange Park (Seasonal --4/25/95 thru 10/25/95) (Includes Sunday Sales) 2. Beer License Permit Application Class C Jim Lind Standard, 230 E. Ridgeway (Renewal) (Expires 4/6/96) (Includes Sunday Sales) 3. Beer/Wine License Permit Application Class C Family Circle, 111 W. Ridgeway (Renewal) (Expires 4/6/96) (Includes Sunday Sales) Cigarette Permit Application Sam's Club Ayes: Seven. Motion carried. BONDS 104475 - Jordan/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through March 13, 1995, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 104476 - Getty/Collier that the Council adjourn at 8:22 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk