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HomeMy WebLinkAbout11/13/1989November 13, 1989 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 November 13, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak. Absent: Brown. Invocation by: Councilperson Josef Fox. Pledge of Allegiance: Sara Gibbons, Kristy Clough, Melissa Edsill, Julie Swanson, Jaime Woodyard, Nicole Weliver. 94786 - Moved by Buck, seconded by Dell that the Agenda, as proposed, for the Regular Session on November 13, 1989, at 7:00 p.m., and the Minutes of the Regular Session of November 6, 1989, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 94787 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on request of Zanders Feeds, 311 West First Street, for a waiver of the building moratorium on Relocated U.S. 218 Corridor to construct an addition to existing structure, as published in the Waterloo Courier on November 7, 1989, be received and placed on file. Motion carried. 94788 - 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 Angel, 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. 94789 - Moved by Fox, seconded by Dell that "Resolution authorizing waiver of building moratorium on Relocated U.S. 218 Corridor for Zanders Feeds, 311 West First Street, to construct an addition to existing structure to allow an exit from the basement", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-596. 94790 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on request of Lockard Development to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District/"C-Z" Conditional Zoning property generally located between Fletcher (formerly Cleveland Street) and Howry Avenues, south of Janney Avenue, as published in the Waterloo Courier on October 27, 1989, be received and placed on file. Motion carried. 94791 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Eugene Petersen, 1329 Wren Road, opposed the rezoning request. He questioned the types of businesses that would be allowed in the zoning district. Bob Stevenson, City Planner, stated that no bars, taverns or lounges, adult entertainment establishments, automobile sales, service and/or repair would be allowed in the area. This has been agreed to by the applicant and adjacent property owners. Mr. Petersen indicated that he had attempted a similar rezoning request at 1360 Black Hawk Road and had been denied by the Council. Hugh Field, City Attorney, stated that the issue that Mr. Petersen was discussing and the one before the Council tonight are two completely different circumstances. November 13, 1989 Page 2 Hearings - continued Councilperson Dell commended both parties for their patience in working out an acceptable agreement. Delores Poole stated that she had originally opposed the request but now she supports the rezoning request. Moved by Dell, seconded by Buck 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. 94792 - Moved by Fox, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 24 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Brown. Motion carried. 94793 - Moved by Buck, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Brown. Motion carried. 94794 Moved by Wright, 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: Brown. Motion carried. 94795 - Moved by Fox, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 24 to Section 2A -7N, Conditional Zoning Certain Property", be adopted. Ayes: Six. Absent: Brown. Ordinance adopted and upon approval by Mayor assigned No. 3678. PETITIONS FROM PUBLIC 94796 - Moved by Budak, seconded by Fox that communication from City Planner transmitting request of Waterloo Industries, Inc., 300 Ansborough Avenue, for a variance to the building moratorium on Relocated U.S. 218 Corridor to construct an addition, together with recommendation of approval of the Gateway Committee, be received, placed on file and "Resolution setting date of hearing as November 20, 1989, at 7:00 p.m. in City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-597. DOCUMENTS 94797 - The Mayor announced that the time had arrived for discussion on the Wastewater Treatment Agreement with IBP, Inc. Hugh Field, City Attorney, stated that the Ahlers Law Firm has begun its review of the Sewer Revenue Bond issuance for the IBP pretreatment facility. In doing so, bond counsel is recommending that the ownership of the pretreatment facility at IBP, be clarified. The proposed amendment states that the facility will be owned by the City of Waterloo and leased back to IBP, Inc. for $1 and other valuable considerations. The terms of the original agreement with IBP, Inc. are not amended by this agreement. The only amendment would be the lease back of the pretreatment facility. Kathy Oberle, 710 Forest Avenue, stated that the City of Waterloo is overburdening the taxpayers of the City with the IBP, Inc. facility. She also indicated that the sewer rate paid by IBP will not support the debt the City is incurring. She alsciasked that the Council reassess„.4hat it is doing in light of the fact that it costing taxpayers of the City .2 million for IBP. • November 13, 1989 Page 3 Documents - continued In response to Ms. Oberle's comments concerning the difference between the City's agreement with IBP and Sioux City's agreement with IBP, the Mayor stated that the treatment facilities for the cities are considerably different and therefore are invalid for comparison reasons. Al Manning, 1138 Williston, questioned the rate schedule charged to IBP. Public Works Director John Meyer stated under the present agreement the rates would not decrease over the first three years, but would in fact increase over the first three years. Moved by Buck, seconded by Wright that communication from Public Works Director transmitting an amendment to the Wastewater Treatment Agreement with IBP, Inc., together with recommendation of approval, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-598. 94798 - Moved by Buck, seconded by Wright that communication from Assistant City Engineer transmitting Completion Report and Recommendation of Acceptance for F.Y. 1990 Sidewalk Repair Program --Zone 1, Contract No. 380, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-599. 94799 - Moved by Buck, seconded by Wright that Maintenance Bond in conjunction with F.Y. 1990 Sidewalk Repair Program --Zone 1, Contract No. 380, from Tom Dolan Concrete Contractors of Waterloo, Iowa, be received and placed on file. Motion carried. RESOLUTIONS TO BE ADOPTED 94800 - Moved by Buck, seconded by Angel that "Resolution abandoning the F.Y. 1989 Linbud Lane Paving Program, Contract No. 358", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-600. 94801 - Moved by Buck, seconded by Angel that "Resolution fixing date of hearing as December 4, 1989, at 7:00 p.m., in the City Hall Council Chambers, on proposed Industrial Development Revenue Refunding Bonds not to exceed $1,200,000 (Conway Plaza Project), Series 1989", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-601. BILLS PAYMENT 94802 - Moved by Angel, seconded by Fox that "Resolution approving Schedule A918, pp. 1-50, in the amount of $1,008,130.44, and Schedule W900, pp. 1-4, in the amount of $51,372.65, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor assigned No. 1989-602 November 13, 1989 Page 4 NEW BUSINESS 94803 - Moved by Buck, seconded by Angel that communication from Clerk/Auditor transmitting recommendation of appointment of Ellen Belanger to the position of Risk Manager, be received, placed on file and approved. Motion carried. 94804 - Moved by Buck, seconded by Angel that communication from Clerk/Auditor transmitting recommendation of appointment of Brenda Schmitt to the position of Secretary II, effective December 4, 1989, be received, placed on file and approved. Motion carried. MISCELLANEOUS 94805 - Moved by Angel, seconded by Wright that the following applications for beer and liquor licenses be received, placed on file and approved applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class C Crawford Laundromat, 523 Logan Avenue (Renewal) (Expires 9/7/90) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Rumours, 1125 West Donald Street (New Owner) (Expires 11/14/90) (Includes Sunday Sales) Motion carried. BONDS 94806 - Moved by Budak, seconded by Dell that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through November 13, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 94807 - L. C. Hennessey, 319 Belmont Avenue, stated that the use of the lapel microphones by the City Council has improved the ability of the audience to hear discussion. Kathy Oberle, 710 Forest Avenue, stated that a recent situation has made her aware that it is very difficult to obtain the exchange rate of Canadian coins or for any bank to handle Canadian coins. She suggested that something needs to be done in this area. Ernie Boykin, 530 Hope Avenue, stated that she will be moving to Chicago soon and thanked the City and various staff members for their work with her, particularly on the Fourth Street Railroad Crossing. Councilperson Dell extended the City's appreciation and gratitude to Ms. Boykin for her ongoing efforts to make the City a better place. Moved by Buck, seconded by Wright that the above comments be received and placed on file and that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor