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HomeMy WebLinkAbout10/08/84�. October 8, 1984 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 October 8, 1984. Mayor Bowers in the Chair. Roll call: Getty, Lichty, Penaluna, Klinger, Dowie, Wright, Seeber. Invocation by Seeber. 86549 - Moved by Wright, seconded by Dowie that the Agenda, as proposed for the Regular Session of October 8, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 86550 - Moved by Klinger, seconded by Wright that the Minutes of the Regular Session held October 1, 1984 at 7:00 p.m., be approved. Motion carried. HEARINGS 86551 - Moved by Seeber, seconded by Lichty that proof of publication of notice of public hearing to vacate portion of utility easement --2525 Gloria Drive as published in the Waterloo Courier on September 21, 1984 be received and placed on file. Motion carried. 86552 - John Ertl, 2525 Gloria Drive, requested that the Council suspend the rules and pass the ordinance on all three (3) readings so that he could begin immediate construction. Moved by Penaluna, seconded by Klinger to receive and place on file recommendation of approval of Planning, Programming, and Zoning Commission. Motion carried. 86553 - HOLD HEARING --This being the time and place for public hearing the Mayor called for written and oral objections and there were none. Moved by Lichty, seconded by Wright that "an Ordinance vacating portion of utility easement --2525 Gloria Drive", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 86554 - Moved by Klinger, seconded by Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that below 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. October 8, 1984 HEARINGS CONTINUED 86555 - Moved by Seeber, seconded by Lichty Page Zhao that "an Ordinance vacating portion of utility easement --2525 Gloria Drive", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3371. 86556 - Moved by Getty, seconded by Lichty that proof of publication of notice of public hearing to rezone from "R-2" One & Two Family Residence District to "C-1" Commercial District property located northwest of intersection of Ansborough and Black Hawk Road as published in the Waterloo Courier on September 21, 1984, be received and placed on file. Motion carried. 86557 - HOLD HEARING --This being the time and place of public hearing the Mayor called for oral and written objections. Steve Harbaugh, 921 Wendy Road, spoke on behalf of the request. He stated that the location is not suited for residential development as all other three (3) corners of the intersection (Ansborough and Black Hawk) are commercial uses. The "C-1" Commercial District request would make the current use a conforming one. Don Newberry, 3218 W. 12th Street, Cedar Falls, Iowa, the owner of the property in question, spoke in support of the request. Moved by Getty, seconded by Dowie to receive and place on file above comments and recommendation of denial of Planning, Programming and Zoning Commission. Motion carried. 86558 - Moved by Getty, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Sub -section No. 213 to Section 2A-5, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Getty, Lichty, Klinger, Wright. Nays: Penaluna, Seeber, Dowie. Motion not carried. (Six (6) votes needed to override the recommendation of denial of the Planning, Programming and Zoning Commission.) 86559 - Moved by Seeber, seconded by Klinger that proof of publication of notice of public hearing to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District property located at Ashland and W. Parker as published in the Waterloo Courier on September 21, 1984, be received and placed on file. Motion carried. 86560 - Moved by Wright, seconded by Klinger to receive and place on file recommendation of denial of Planning, Programming and Zoning Commission. Motion carried. 14 IN October 8, 1984 Page Three HEARINGS CONTINUED 86561 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections. Tony Amfahr, Independence, Iowa and owner of three (3) lots across from the request, objected to the request because an intended use was not given for the site. Glenn Eickelberg, 800 Newton Street, objected to the rezoning request. Moved by Wright, seconded by Klinger that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Sub -section No. 213, Rezoning Certain Property", be received, placed on file and denied. Ayes: Seven. Motion carried. 86562 - Moved by Getty, seconded by Lichty that proof of publication of notice of public hearing to rededicate a 16' alley lying between Rhey Street and Linden Avenue and South of Independence Avenue as published in the Waterloo Courier on September 21, 1984, be received and placed on file. Motion carried. 86563 - Moved by Klinger, seconded by Wright to receive and place on file recommendation of approval from Planning, Programming and Zoning Commission. Motion carried. 86564 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Seeber, seconded by Wright that "Resolution approving rededication", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-463. ORAL PRESENTATIONS 86565 - Mrs. Norbert Watson, 2640 Ansborough Avenue, spoke against the widening of Ansborough Avenue. A resident at 1807 W. 4th Street, asked if a truck embargo could be placed on W. 4th Street between Kimball and Ansborough. Mayor Bowers stated that the Sign and Traffic Department would investigate. He also asked if W. 4th Street between Kimball and Ansborough will be widened to four (4) lanes. Bob Stevenson, City Planner, stated that that portion of W. 4th Street will be reconstructed within the existing right-of-way. Clarence McCuen, 1219 Sylvia Street, stated that a water problem exists in the Sylvia Street area. The sewers are not adequate to drain the area after a heavy rainfall and residents' basements become flooded. Moved by Penaluna, seconded by Dowie that the above problem be referred to the Planning and Development Director for review. Motion carried. October 8, 1984 Page Four ORAL PRESENTATIONS CONTINUED 86566 - Mike Baker, 1300 Byron Avenue, stated that after grading work performed by the Street Department between Byron and Glenny, a drainage problem exists. He asked that the situation be investigated. Mr. Baker also asked who the members of the Council represent, because it seemed that they only represent the the "mwney people" in the City. Mayor Bowers stated that the Council represents all citizens in the city. John Bedard, 1924 Mulberry Street, thanked the Mayor and Council for a better sound system in the chambers. He suggested that the Council change its procedure in making motions by requiring Councilpersons to set down after recognition by the Mayor of the Councilperson's intent to make a motion, so that they can be heard through the table microphones. Mayor Bowers stated that the current procedures for offering motions is dictated by City Code. Walter Reed, Executive Director of Neighborhood Housing Services, stated that October 7-13, 1984, has been designated by President Ronald Reagan as National Neighborhood Housing Services Week and invited the Mayor and Council to an open House on Thursday, October 11, 1984 from 1:00 p.m. to 4:00 p.m. at 402 Newell Street. Councilperson Getty asked that the letter of October 4, 1984 addressed to W. David Tyler, City Attorney, from Warren G. Jenkins, CPA, Deputy Auditor of State of Iowa be received and placed on file. He stated that his letter is in response to Mr. Tyler's request for a copy of the petition filed with his office requesting that the State of Iowa perform an Audit of the City of Waterloo's current financial record. Councilman Getty stated that Councilperson Lichty had filed the petition. Moved by Getty, seconded by Lichty that said petition be received and placed on file. Motion carried. Councilperson Penaluna stated that Ms. Lichty had mislead the people of Waterloo at the expense of the City. PETITIONS FROM PUBLIC 86567 - Moved by Klinger, seconded by Dowie that communication from City Engineer transmitting the request of Max G. Long for temporary asphalt driveway at 1040 Ann Street, together with recommendation of approval be received, placed on file and "Resolution approving the request of Tom Mullen for a temporary asphalt driveway at 1040 Ann Street irrespesctive of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-464. 86568 - Moved by Getty, seconded by Wright that communication from City Engineer transmitting petitions from area residents requesting paving the 200 blocks of Maryland and Boston Avenues be received, placed on file, and the petition on Boston Avenue be referred to Community Development Board for possible Block Grant finding. Motion carried. -`` ..ON October 8, 1984 UNFINISHED BUSINESS Page Five 86569 - Mayor Bowers announced that the time had arrived to reconsider the rezoning request of Larry Bedard to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District property located at Linden Avenue and Franklin Street. Moved by Klinger, seconded by Wright that petitions in support of said request be received and placed on file. Motion carried. Irma. Gossman, 204 Linden Avenue, spoke against the request and presented a petition of opposition signed by 223 area residents. She asked that the persons and their addresses signing the petition be listed in the Council minutes. She asked if the sewers were adequate to handle additional flow. Judith Fossell, 935 Steeley Street, spoke in support of the request. She stated that the area needed upgrading and Mr. Bedard's new development could assist in this effort. Helen Gossman, 418 Linden Avenue, stated that her concern was the inadequacy of the sanitary sewer. Councilperson Klinger stated that the City Engineering staff had reviewed the sanitary sewer serving the area and has determined that the 12" sewer in Franklin is more than adequate for additional flows resulting fron additional commercial development. The second phase of the Fowler Street area sanitary sewer improvement project (with anticipated construction date of early 1985) will assist in eliminating problems for the Fowler Street area residents. Robert Norman, 1926 Franklin street, spoke in support of the rezoning. He asked that all allowable uses in the "C-1" Commercial District classification be enumerated. Bob Stevenson, City Planner, listed all eligible uses in said classification. Jim Wilson, 315 Courtland Street, spoke against the request. He stated that the Council had rejected the request in 1982 and should do so again and uphold the recommendation of the Planning, Programming and Zoning Commission. Brad McMahon, 3641 Kimball Avenue and owner of property adjacent and south of the proposed request, stated that the area is not suitable for residential development. Much of the area is renter -occupied housing and is difficult to rent and keep up. The best use for the site is commercial. Orrin Miller, 1920 Franklin Street, opposed the rezoning and stated that the "C-1" Commercial District classification is a "stepping -stone" to a future request for "C-2" Commercial District classification. Verona Berg, 1405 Columbia Drive, spoke in support of the request and that by rezoning the property, the flow of property taxes into the community would be realized. Larry Bedard, 1938 Franklin Street and applicant of said request, stated that the Gilbertville Savings Bank is no longer interested in locating a branch on the site. He stated that the property is not a residential site; however, it is more suitable to commercial development. He thanked Councilpersons Klinger, Lichty, and Wright for attending a neighborhood meeting on the matter. He stated that the property taxes in the total amount of $140,000 had been generated from this site and that as the structure now stands, he could no longer afford to reinvest his money to upgrade the eight (8) unit apartment complex. e*1 October 8, 1984 UNFINISHED BUSINESS Page S ix 86569 - Steve Nemmers, 1428 Columbus Drive and property owner in the (cont) vicinity, spoke in support of the request and stated that it was time to improve the area. The neighborhood needs upgrading as evidenced in the condition of the housing structures along Franklin Street. Steve Hanisch, 424 Linden Avenue, asked why the request was brought back to the Council after it had been denied on September 10, 1984. City Attorney W. David Tyler stated that a Council member of the prevailing side of the motion may bring the item back to the floor for reconsideration. This was the situation on this item. Chris Dunn, 636 Sumner Street stated that commercial development may cause persons to congregate in the area and contribute to the down -grading of the area. Rudolph Parr, 125 Highland Blvd., asked why the City did not do something with the site until now, since the structure has been condemned since after WWII. Sharon Fereday spoke against the rezoning. Bob Bedard, 1938 Franklin Street, spoke in support of the request. Moved by Getty, seconded by Seeber that "an Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by adding to Sub -section No. 213 to Section 2-A5, Rezoning Certain Property ("R-2" One and Two Family Residence District to "C-1" Commercial District property located at intersection of Linden and Franklin Avenue)", be received, placed on file, and denied. Ayes: Seven. Motion carried. 86570 - Moved by Klinger, seconded by Seeber that communication from Director of Parks transmitting preliminary evaluation on "Lake -park" facility on parcel of land located in southwest Waterloo (north of Timberline condominiums, west of W. 4th Street and south of relocated Highway 20), be received, placed on file and approved. Motion carried. . OTI 86571 - Moved by Penaluna, seconded by Dowie that report of Cable Commission transmitting recommendation on $.50 rate increase for copyright fees be received, placed on file, and referred to the City Attorney for review and recommendation in one (1) week. Motion carried. October 8, 1984 Page Seven REPORTS CONTINUED 86572 - Moved by Klinger, seconded by Wright that F.Y. 1984 Annual Report from the Departments of Health, Sanitation, and Animal Control be received and placed on file. Motion carried. 86573 - Moved by Penaluna, seconded by Getty that communication from City Engineer transmitting Contract for consultant engineering services for Kimball Avenue from Ridgeway Avenue to West Fourth street with Schenk Engineering Company Project (No. IX6641--79-07), be received, placed on file and "Resolution approving said document", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-465. 86574 - Jim Lindsey, Community Development Director, stated that a separate lease will be signed with Auto Tech in the amount of $600.00/per month for the premises. Moved by Penaluna, seconded by Getty that communication from Development Administrator transmitting Lease Agreement between the City and Black Hawk Economic Development Committee for City -owned property located at 607 Dearborn, 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. 1984-466. 86575 - Moved by Penaluna, seconded by Getty that communication from City Engineer transmitting Recommendation of Acceptance and Completion Report for Aspro, Inc., for F.Y. 1985 Seal Coat Program, Contract No. 279, be received, placed on file, and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-467. BILLS PA)!MENT 86576 - Moved by Daaie, seconded by Klinger that "Bills, Resolution Schedule A and B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-468. October 8, 1984 BILLS PAYMENT CONTINUED 86577 - Moved by Getty, seconded by Penaluna, Page Eight that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: F.Y. 1983 Highway 63 Pumping Station, Intercity Interceptor Stage II, Contract No. 248 Pay estimate No. 11 from Jens Olesen & Sons Construction Co., in the amount of $25,677.55. F.Y. 1984 Street Reconstruction Program, Contract No. 257 Pay estimate No.4 from Aspro Inc., in the amount of 183,004.07. F.Y. 1984 Maywood Area Paving, Contract No. 256 Pay estimate No. 9 from o lin Construction, Inc., in the amount of $142,068.21. East Park Avenue Improvements Project No. IX -6579(1)--79-07 Contract No. 263 Pay estimate No. 3 from Cedar Valley Corporation in the amount of $41,004.08. Sixth Street Bridge Project No. IX -6653(1)--79-07, Con. No. 215 Pay estimate No. 17 from Shappart Engineering in the amount of $31,455.92. Hoff Road Project No. IX -6591(1)--79-07 (West 4th Street to West Shaulis Road Pay estimate No. 8 from Robinson Engineering Company, in the amount of $4,298.85. F.Y. 1985 Seal Coat Program, Contract No. 279 Pay estimate No. 1 from Aspro, Inc., in the amount o $56,175.30. Kimball Avenue to Ridgeway Avenue to South City Limits Project No. IX -6641(1)--79-07 Pay estimate No. 9 from Schenk Engineering in the amount o $26,753.65. F.Y. 1984 Paving Program, Contract No. 266 Pay estimate No. 2 from Youngblut Construction Co., Inc., in the amount of $116,543.30. East Park Avenue Parking Facility, Project No. 05-01-02092 Contract No. 251 Pay estimate No. 10 from Cardinal Construction Co., in the amount of $117,172.05. F.Y. 1985 - Contract No. Pay estimate $5,508.86", 200 Block Baltimore Sanitary Sewer Replacement, 265 from Rampart Corporation in the amount o be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-469. NEW BUSINESS 86578 - Moved by Klinger, seconded by Wright to instruct City Engineer to prepare plans, specifications, etc., for the F.Y. 1985 Conway Vicinity Skywalk, Contract No. 281. Ayes: Six. Nays: Lichty. Motion carried.