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HomeMy WebLinkAbout11/20/95November 20, 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, November 20, 1995. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff. Invocation by: Reverend William Schultz, Immanuel Lutheran Church (MO Synod) Pledge of Allegiance: Boy Scout Troop #13, Orange School 105811 - Mollenhoff/Jordan that the Agenda, as amended to move Item No. 16 to the first order of business, for the Regular Session on Monday, November 20, 1995 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 105812 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Monday, November 13, 1995 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a Proclamation declaring the week of November 19-26, 1995 as National Bible Week. Mayor Rooff introduced NCCC AmeriCorps volunteers from Denver, Colorado working on various downtown projects. 105813 - Mollenhoff/Murphy that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 3234-3, Operation Limitations, and Section 3234-4, Operation, of Chapter 32%, Snowmobiles; and enacting in lieu thereof new Section 3234-3, Location of Operation, and Section 3234-4, Rules and Regulations, of Chapter 3234, Snowmobiles", be tabled to December 4, 1995. Ayes: Seven. Motion carried. HEARINGS 105814 Krizek/Collier that proof of publication of notice of public hearing on request of Jack Overlie to appeal the decision by the Waterloo Historic Preservation Commission as it relates to construction of a 24' x 32' detached garage on property located at 326 Highland Boulevard and located in the Highland Historic District, as published by the Waterloo Courier on November 10, 1995, be received and placed on file. Ayes: Seven. Motion carried. 105815 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections. Jim Knavel, 1432 Vine St, is speaking on behalf of the Highland Neighborhood Association. The historic preservation effort has had a positive effect on the district since it went into effect in 1984. Property values have increased and homes are in good condition. The Historic Preservation Commission has strict guidelines to follow but don't act unfairly or arbitrarily. He supports the efforts to remain in compliance on the guidelines for the historic district. The neighborhood property owners participated in the establishment of the district and are well aware of the guidelines which affect their property. Jack Overlie, 326 Highland Blvd., stated that he bought the property before the historic district went into effect. Currently, his home has vinyl siding and he wishes to match the garage exterior to the house exterior. He questions the direction by the commission on his certificate of appropriateness which requires 4 inch wood siding when no one has investigated the original exterior of his home. He asks that the council give him his property rights to build as he desires. Mayor Rooff informed Mr. Overlie that the charge to the council was not to decide the appropriateness of vinyl siding but to review whether the Historic Commission has acted in a capricious or arbitrary manner in the decision to deny his request for vinyl siding. Mike Broshar, member of the Historic Preservation Commission, reported to the council that the decision they have before them on appeal was based on the Federal guidelines as provided by the Department of Interior for historic preservation. These guidelines determine the appropriateness of modifications made in the historic district. The choice of four inch wood siding was based on a picture provided to the commission who tried to match the current exterior as closely as possible. The commission has always attempted to work with and assist homeowners and the items mentioned on the certificate of appropriateness were made in the form of a recommendation to the home as alternative materials. Rosie Peterson, 1552 Bertch Ave, member of the commission, clarified that the commission didn't deny a permit to build a garage which is what was requested by the homeowner, but they did place conditions on the certificate of appropriateness following guidelines of the Department of the Interior. November 20, 1995 Page 2 Hearings - continued Jack Overlie rebutted that they haven't denied his request but he isn't allowed to use construction materials that he wants. Overlie asked for a copy of the Federal guidelines which prohibit vinyl siding in a historic district. Assistant City Planner Dave Van Dee reminded Mr. Overlie that he was given a copy of the guidelines in a meeting that city staff had with Mr. Overlie to address this issue. Van Dee read from the minutes of the Historic Preservation Commission which agreed to allow Mr. Overlie to use either four or six inch wood siding. Councilperson Anders asked commission members if waiving the requirements would set a precedent and open the door to other requests. Rosie Peterson reported that the commission has issued several permits to build new garages and have never allowed vinyl siding. Cheryl Christianson informed the council that she is in favor of Mr. Overlie and feels the Federal government shouldn't be able to direct property owners what they can do to their property. She asked if the Silos and Smokestacks program would involve federal requirements that property owners would be required to comply with. Mayor Rooff reported that he has no knowledge of any Federal requirements attached to Silos and Smokestacks which would affect residential property. Sue Pearson, member of Preservation Commission and a resident of the Highland neighborhood, stated that the guidelines used by the commission are put in place by the State of Iowa using Department of Interior guidelines. There are instances where homeowners have removed the vinyl siding on a residence to expose and restore its original clapboard materials. This could be done in the future to the Overlie residence and it would be detrimental to permit the garage as requested. She informed the public that it is common knowledge throughout the district that synthetic materials can't be used in the district. She also informed everyone that the district was established in 1984 upon request and underwritten by the neighborhood association, however the neighborhood association has no direct influence over the decision by the Historic Preservation Commission. Councilperson Mollenhoff clarified that this historic district wasn't mandated by the Federal government but determined by the desires of the neighborhood. Councilperson Murphy expressed his compassion for the circumstances of Mr. Overlie but restated that the power to act by the council was clearly defined in the ordinance as an appellate review of the appropriateness of the Historic Preservation Commission's decision. Jordan/Murphy that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 105816 Mollenhoff/Jordan that the request of Jack Overlie to appeal decision by the Waterloo Historic Preservation Commission as it relates to construction of a 24' x 32' detached garage on property located at 326 Highland Boulevard and located in the Highland District be denied. Ayes: Four. Nays: Anders, Getty, Collier. Motion carried. PETITIONS FROM PUBLIC 105817 - Mollenhoff/Getty that communication from City Planner transmitting request of Tower Park Partnership to vacate, sell and convey a portion of the street right-of-way generally located on the south side of W. San Marnan Drive between Kimball Avenue and Nicki Street for $15,247.80, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 11, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-699. 105818 Getty/Collier that communication from City Planner transmitting request of Kenneth Quam dba Quam Construction to rezone from "C-1" Commercial District to "C -Z" Conditional Zoning property generally located at 2555 W. Third Street to establish a contractor's yard, including a 40' x 60' building for storing lawn care and landscaping equipment and dump trucks, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 11, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-700. November 20, 1995 REPORTS Page 3 105819 - Getty/Jordan that communication from City Clerk transmitting Abstract of Votes for November 7, 1995 Municipal Election be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 105820 - Mollenhoff/Collier that communication from Building Official transmitting Contracts, Bonds and Certificates of Insurance in the amount of $109,991.00 from Greenly Development Co. of Independence, Iowa in conjunction with 1995 Accessibility Remodeling Projects 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. 1995-701. 105821 - Getty/Mollenhoff that communication from Superintendent of Streets/Sanitation transmitting Contracts, Bonds and Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa in conjunction with F.Y. 1996 Downtown Snow Removal - Winter of 1995 - 1996, 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. 1995-702. 105822 - Jordan/Collier that communication from Police Chief transmitting an agreement with First Judicial District Juvenile Court Services to provide work and clean-up crews for work in the community, including clean-up of graffiti, vacant lots and other locations in both neighborhoods and on public property at a cost of $250.00 per month 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. 1995-703. 105823 Murphy/Jordan that communication from City Planner transmitting a Design Engineering Agreement with Wayne Claassen Engineering and Surveying, Inc. for design and construction inspection services in conjunction with construction of a 470 foot access road into the Sunnyside Heights office complex being developed by Van Miller and Associates, 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. 1995-704. RESOLUTIONS TO BE ADOPTED 105824 - Mollenhoff/Collier that "Resolution amending Resolution No. 1992-546, which established parking regulation in the central business in the City of Waterloo, Iowa to allow removal of three metered parking spaces on Lafayette Street between E. 5th and E. 6th Streets", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-705. 105825 Anders/Collier that "Resolution approving the Waterloo Community Schools sharing the Educational Access Channel (Channel 7) with the Learning Channel and granting a waiver to allow nationally originated advertising on the Learning Channel", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-706. 105826 - Krizek/Anders that "Resolution approving and accepting a permanent and temporary easement from the City of Evansdale in conjunction with the construction and maintenance of FY 1995 River Diffuser for Water Pollution Control Facilities, Contract No. 405", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-707. November 20, 1995 Page 4 Resolutions to be Adopted - continued 105827 Mollenhoff/Collier that "Resolution authorizing an amendment to the FY 1996 Consolidated Plan to transfer $125,000 from single family rehabilitation to city wide demolition and to reallocate $25,000 from the Phoenix Project Partners Program to Black Community Enabler Program ($10,000), Jesse Cosby Neighborhood Center ($8,000), and Single Family Rehabilitation ($7,000)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-708. ORDINANCES TO BE ADOPTED 105828 - Jordan/Krizek that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 292 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time (request of Margaret Stoutner to rezone from "R-2" One and Two Family Residence District to "R- 4" Multiple Family Residence District property generally located at the intersection of Ridgeway Avenue and LaPorte Road to allow construction of an insurance office). Ayes: Seven. Motion carried. 105829 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 105830 - Getty/Anders 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. 105831 - Jordan/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 292 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4136. 105832 - Mollenhoff/Murphy that "an Ordinance vacating a portion of Murphy Road right-of-way generally lying east and adjacent to Alexandra Drive", be received, placed on file, considered and passed for the first time (request of Dan Deery Motor Co. to vacate a portion of Murphy Road right-of-way generally lying east and adjacent to Alexandra Drive and to sell and convey the westerly 200 feet of vacated Murphy Road). Prior to a vote on the above motion, the following comments were heard. Bob Buckley, Kirk Gross Company, thanked the mayor and council for allowing the time and consideration to permit the parties to work out a win-win resolution to the situation. He especially thanked Councilpersons Mollenhoff and Jordan and TCI cable for their participation. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 105833 - Jordan/Mollenhoff that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 105834 - Collier/Murphy 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. 105835 - Jordan/Murphy that "an Ordinance vacating a portion of Murphy Road right-of-way generally lying east and adjacent to Alexandra Drive", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4137. 105836 - Mollenhoff/Collier that "Resolution authorizing sale and conveyance of said property to Dan Deery Motor Co., subject to approval of an easement agreement", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-709. November 20, 1995 Ordinances to be Adopted - continued 105837 - Anders/Jordan Page 5 that "an Ordinance amending the 1991 Traffic Code by: adding Subsections (41a) Englewood Avenue and (141a) Wildwood Road to Section 543, Thru Streets; and adding Subsection (49a) California Street to Section 551, Parking Prohibited at all Times on Certain Streets; and adding Subsection (54a) Maxwell Street to Section 553, No Parking Here to Corner (Englewood Avenue from Falls Avenue to Rock Island Avenue and Wildwood Road from Hammond Avenue to West 9th Street as thru streets; prohibiting parking on the west side of California Street in the 400 and 500 blocks; installing no parking here to corner on the west side of Maxwell Street in a northerly direction from Falls Avenue)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 105838 Jordan/Anders that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 105839 - Mollenhoff/Murphy 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. 105840 - Jordan/Collier that "an Ordinance amending the 1991 Traffic Code by: adding Subsections (41a) Englewood Avenue and (141a) Wildwood Road to Section 543, Thru Streets; and adding Subsection (49a) California Street to Section 551, Parking Prohibited at all Times on Certain Streets; and adding Subsection (54a) Maxwell Street to Section 553, No Parking Here to Corner (Englewood Avenue from Falls Avenue to Rock Island Avenue and Wildwood Road from Hammond Avenue to West 9th Street as thru streets; prohibiting parking on the west side of California Street in the 400 and 500 blocks; installing no parking here to corner on the west side of Maxwell Street in a northerly direction from Falls Avenue)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4138. BILLS PAYMENT 105841 - Krizek that "Resolution approving Schedule AP640, pp. 1-79, dated November 20, 1995 in the amount of $3,003,268.78, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-710. NEW BUSINESS 105842 - Jordan/Murphy that communication from Superintendent of Traffic Operations transmitting recommendation to reinstall two street lights in the 2400 block of Burton Avenue be received, placed on file and "Resolution approving installation of said lights", be adopted and City Clerk instructed to notify Mid American Energy of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-711. 105843 - Getty/Krizek that communication from City Planner transmitting request of Margaret Stoutner to install a curb cut in front of 1943 E. Ridgeway Avenue, together with recommendation of denial of the City Engineer and the Planning, Programming and Zoning Commission, be received, placed on file and request be denied. Ayes: Seven. Motion carried TRAVEL REQUESTS 105844 Krizek/Murphy that the following travel requests, with expenses not received, placed on file and approved: 1. Two fire instructors to teach IBP class at Joslin December 2, 1995, with costs not to exceed $1,420. reimbursed. to exceed amount shown, be , Illinois on November 30- 00, with total costs to be 2. Two fire instructors to teach IBP class at Amarillo, Texas on November 30 - December 2, 1995, with costs not to exceed $1,420.00, with total costs to be reimbursed. 3. Two fire instructors to teach IBP class at Dakota City, Nebraska on November 27- 29, 1995, with costs not to exceed $1,420.00, with total costs to be reimbursed. November 20, 1995 Page 6 Travel Requests - continued 4. Two fire instructors to teach IBP class at Amarillo, Texas on November 27-29, 1995, with costs not to exceed $1,420.00, with total costs to be reimbursed. 5. Rich Earles, Housing/Block Grant Program Manager, to attend IDIS Training (Entitlement Grantee Training for the Consolidated Plan) in Washington, D.C. on January 23-26, 1996, with costs not to exceed $1,224.00. 6. Deborah Collett, Assistant Housing/Block Grant Program Manager, to attend IDIS Training (Entitlement Grantee Training for the Consolidated Plan) in Washington, D.C. on January 23-26, 1996, with costs not to exceed $1,164.00. Ayes: Seven. Motion carried. MISCELLANEOUS 105845 Mollenhoff/Collier that the following beer and liquor license permit applications be received, placed on file and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the following cigarette license permit applications be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/3/96) (Includes Sunday Sales) Rio Grande Mexican American Cantina, 3251 W. 4th Street (Expires 11/22/96) (Includes Sunday Sales) New World Lounge, 120 Sumner Street (Renewal) (Expires 11/23/96) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class C (BW) Genghis Khan Mongolian Bar -B -Q, 1415 San Marnan Drive (Renewal) (Expires 11/23/96) (Includes Sunday Sales) 3. Cigarette License Permit Application Petro -N -Provisions, 2100 Lafayette Street Petro -N -Provisions, 1615 Bishop Avenue Fortune Tap, 328 Elm Street Jim Lind Standard, 230 E. Ridgeway Avenue Ayes: Seven. Motion carried. BONDS 105846 Jordan/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through November 20, 1995 be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 105847 - Mark Neisen, 2138 Mulberry, has questions about the placement of the new garbage containers and the requirement to return the container to the residence by eight o'clock p.m. His residence has no driveway and is a dead end street, and he would like assistance in determining the appropriate placement for garbage pickup. He is unable to meet the deadline as reported in the instructions due to his work hours. Councilpersons Collier and Getty agreed to meet with Mr. Neisen and city staff to review this neighborhood's garbage pickup needs. Elaine Jaquith, 810 Cornwall, had a question about the resolution to approve the Learning Channel for public access. How will this impact other public access channels, will advertisements be allowed, opening the door to the Weather Channel replacing public access programming? Mayor Rooff informed her that the Learning Channel waiver is upon request of the School Board and will apply only to the Learning Channel. No other public access channels will be affected by this resolution. Jaquith then asked for clarification on the resolution passed which outlined the open burning guidelines. That resolution addresses how to burn leaves but does not address the rights of other citizens to clean air and quality of life. The fire department has informed her that if a call is received about open burning the department can't ask residents to extinguish the fire if it is in compliance with the guidelines. The department doesn't ask how it is affecting the health of neighbors and gives no consideration for their quality of life in that decision. She knows that the council has not decided to place the right to burn leaves before the quality of life. She asks for the council to give a response to complaints by citizens about burning leaves and requests an amendment to the resolution. Mayor Rooff reported that he discussed this matter with the Fire Chief and has asked for an impact study and analysis of the complaints the fire department has received about open burning. After gathering all the information the issue will be reviewed. The mayor reminded citizens that alternatives to burning have been provided through the free leaf pickup or mulching or composting of leaves.