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HomeMy WebLinkAbout09/10/84,-\ September 10, 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 September 10, 1984. Mayor Bowers in the Chair. Roll call: Getty, Lichty, Penaluna, Klinger, Seeber, Dowie and Wright. Invocation by: Getty. 86397 - Moved by Dowie, seconded by Wright that the Agenda as amended for the Regular Session of September 10, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 86398 - Moved by Penaluna, seconded by Getty that the Minutes of the Regular Session held September 4, 1984 at 7:00 p.m., be approved. Motion carried. HEARINGS 86399 - Moved by Wright, seconded by Dowie that proof of publication of notice of public hearing to rezone from "R-2" One & Two Family Residence District to "C-1" Commercial District a parcel of property located east of Linden Avenue and north of Franklin Avenue as published in the Waterloo Courier on August 24, 1984 be received and placed on file. Motion carried. 86400 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections. Moved by Wright, seconded by Getty that all written communications be received and placed on file. Motion carried. 86401 - Mildred Bedard, 1938 Franklin, spoke in support of the rezoning, and that it would be an improvement to the area. Mrs. Clem Gossman, 204 Linden Avenue, spoke against the rezoning. She presented a petition of residents opposing the request. Bob Stevenson, Planning and Programming Director, listed those uses allowed in a "C-1" Commercial District. Robert Norman, 1926 Franklin, supported the request by stating that the street can support the traffic. Fred Debe presented letters of support from area businesses. He reported that the owner does have interested persons in the property. Elsie Miller, 726 Fowler Street, opposed the rezoning and asked if there could be a potential sewer problem. September 10, 1984 HEARINGS CONTINUED Page Two Bob Bedard stated that he had mixed feelings on said development. He pointed out other neighborhood commercial developments within the City including West Ninth and Mitchell, Byron Avenue, etc. He felt that it may stabilize the neighborhood. Orrin Miller, 1920 Franklin, questioned how it could be a profitable business. Larry Bedard, owner of the proposed site, reported that as the property now is, he cannot continue to pump money into the building. Beth Hanisch, 424 Linden Avenue, opposed the rezoning due to the traffic danger for children living in the area. She stated that the neighborhood should be retained as a residential area. Moved by Getty, seconded by Wright that the above remarks be received and placed on file. Motion carried. 86402 - Moved by Penaluna, seconded by Seeber to receive and place on file recommendation of denial of Planning, Programming, and Zoning Commission to rezone said property. Motion carried. 86403 - Moved by Wright, seconded by Getty that "an Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by adding Subsection No. 212, Rezoning Certain Property to Section 2A-5", be received, placed on file, and approved. Ayes: Getty, Penaluna, Seeber, and Wright. Nays: Lichty, Klinger, and Dowie. Motion not carried. (six votes needed to override recommendation of denial of the Planning, Programming and Zoning Commission). 86404 - Moved by Seeber, seconded by Dowie that proof of publication of notice of public hearing on proposed Conditional Zoning from "R-4" Multiple Family Residence District to "C -Z" Conditional Zoning a parcel of land located north of Brookeridge Drive and west of Kimball Avenue as published in the Waterloo Courier on August 24, 1984 be received and placed on file. Motion carried. 86405 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections. Moved by Klinger, seconded by Dowie that all written letters of support and opposition be received and placed on file. Motion carried. 86406 - Moved by Getty, seconded by Klinger to receive and place on file recommendation of denial of Planning, Programming, and Zoning Commission. Motion carried. ' S "1 September 10, 1984 HEARINGS CONTINUED Page Three 86407 - Phil Akin stated that his son intended to develop a laundromat and car wash with beer sold on the premises. He reported that this concept has been successful in other cities. Moved by Getty, seconded by Penaluna that "an Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance by adding Subsection No. 6 to Section 2A -7(N)(1), Conditionally Zoning Certain Property", be received, filed, considered, and passed for the first time. Ayes: Getty, Lichty, Penaluna, Seeber, and Dowie. Nays: Klinger and Wright. Motion not carried. (six votes needed to override recommendation of denial of the Planning, Programming and Zoning Commission. 86408 - Moved by Dowie, seconded by Wright that proof of publication of notice of public hearing on proposal to rezone from "A-1" Agricultural District to "S-1" Shopping Center District a parcel of land located southeasterly of San Marnan Drive and north of proposed extension of Flammang Drive as published in the Waterloo Courier on August 24, 1984 be received and placed on file. Motion carried. 86409 - 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 Dowie, seconded by Wright to receive and place on file recommendation of approval of Planning, Programing, and Zoning Commission. Motion carried. 86410 - Moved by Klinger, seconded by Dowie that "an Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by adding Subsection No. 212, Rezoning Certain Property to Section 2A-5", be received, filed, considered, and passed for the first time. Ayes: Seven. Motion carried. 86411 - Moved by Klinger, seconded by Wright that rules requiring ordinances to be considered and wted 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. 86412 - Moved by Seeber, seconded by Penaluna that "an Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by adding Subsection No. 212, Rezoning Certain Property to Section 2A-5", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3365. September 10, 1984 Page Four HEARINGS CONTINUED 86413 - Moved by Getty, seconded by Dowie that proof of publication of notice of public hearing to vacate, sell and convey portion of Ridgeway Avenue lying between LaPorte Road and I-380 as published in the Waterloo Courier on August 24, 1984 be received and placed on file. Motion carried. 86414 - 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 Klinger, seconded by Dowie to receive and place on file recommendation of approval of Planning, Programming, and Zoning Commission. Motion carried. 86415 - Moved by Seeber, seconded by Lichty that "an Ordinance vacating portion of Ridgeway Avenue lying between LaPorte Road and I-380", be received, filed, considered and passed for the first time. Ayes: Seven. Motion carried. 86416 - Moved by Getty, seconded by Klinger 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. 86417 - Moved by Penaluna, seconded by Seeber that "an Ordinance vacating portion of Ridgeway Avenue lying between LaPorte Road and I-380", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3366. 86418 - Moved by Klinger, seconded by Lichty that "Resolution authorizing sale and conveyance of portion of Ridgeway Avenue lying between LaPorte Road and I-380 to Joe Minard Construction Company", be adopted and City Attorney instructed to prepare deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-421. 86419 - Moved by Dowie, seconded by Getty that proof of publication of notice of public hearing to vacate portion of Easton Avenue lying between LaPorte Road and westerly right-of-way line of I-380, as published in the Waterloo Courier on August 24, 1984 be received and placed on file. Motion carried. ,211N "'1 September 10, 1984 Page Five HEARINGS CONTINUED 86420 - 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 Seeber, seconded by Klinger to receive and place on file recommendation of approval of Planning, Programming, and Zoning Commission. Motion carried. 86421 - Moved by Klinger, seconded by Dowie that "an Ordinance vacating portion of Easton Avenue lying between LaPorte Road and westerly right-of-way line of I-380", be received, filed, considered, and passed for the first time. Ayes: Seven. Motion carried. 86422 - Moved by Getty, seconded by Lichty 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. 86423 - Moved by Dowie, seconded by Klinger that "an Ordinance vacating portion of Easton Avenue lying between LaPorte Road and westerly right-of-way line of I-380", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3367. 86424 - Moved by Klinger, seconded by Getty that proof of publication of notice of public hearing to reduce building setback line parallel to LaPorte Road in Minard's Plat No. 1 as published in the Waterloo Courier on August 24, 1984 be received and placed on file. Motion carried. 86425 - 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 Getty, seconded by Lichty to receive and place on file recommendation of approval of Planning, Programming, and Zoning Commission. Motion carried. 86426 - Moved by Seeber, seconded by Getty that "Ordinance reducing building setback line from fifty (50) to twenty five (25) feet running parallel to LaPorte Road in Minard's Plat No. 1", be received, filed, considered and passed for the first time. Ayes: Seven. Motion carried. September 10, 1984 Page Six HEARINGS CONTINUED 86427 - Moved by Klinger, seconded by Lichty 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. 86428 - Moved by Seeber, seconded by Wright that "Ordinance reducing building setback line from fifty (50) to twenty five (25) feet running parallel to LaPorte Road in Minard's Plat No. 1", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3368. 86429 - Moved by Dowie, seconded by Getty that proof of publication of notice of public hearing on site plan for fast food restaurant in Crossroads Shopping Center located between San Marnan Drive and Crossroads Boulevard and north of Penney's Drive as published in the Waterloo Courier on August 24, 1984 be received and placed on file. Motion carried. 86430 - 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 Getty, seconded by Lichty to receive and place on file recommendation of approval of Planning, Programming, and Zoning Commission. Motion carried. 86431 - Moved by Lichty, seconded by Getty that "Resolution approving site plan for fast food restaurant in Crossroads Shopping Center generally located between San Marnan Drive and Crossroads Boulevard and north of Penney's Drive", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-422. 86432 - Mayor Del Bowers announced that the four (4) lane concept on Ansborough Avenue from University Avenue to San Marnan Drive was on the floor for discussion. David Correll spoke for the citizens opposed to the widening of Ansborough Avenue from University Avenue to San Marnan Drive. He stated that rejection of this project will not jeopardize the interstate substitution money earmarked for the metropolitan area, as evidenced by remarks made in a conversation with Harold Schiel of the Iowa Department of Transportation. In speaking with H. A. Willard of the Federal Highway Administration, he stated that it was a local decision as to priority of various highway projects. He asked that the Ansborough widening not became a "scapegoat" of the area's economic condition. 11MIN 11"N September 10, 1984 REPORTS CONTINUED Page Seven 86432 - Mr. Correll stated that the factors supporting the project include: (cont) 1) decreasing travel time between University Avenue and San Marnan Drive; and 2) influx of $3.6 million into the local economy. Factors against the project: 1) South Main Street will soon carry the major portion of north -south traffic; 2) Hackett Road By -Pass --he suggested that the Council again review the alternative of routing Hackett By -Pass through the Greenbelt, thus reducing the need for the Ansborough widening; 3) the population of Black Hawk County will not increase significantly, 4) financial considerations --the $650,000 local match for the project does not include maintenance and equipment costs, or compensation of property owners for land taken as a part of the project; and 5) loss of individual well-being. Mr. Correll asked that the Council defer action on this matter until a meaningful public hearing is held. If the Council is unwilling to defer action, he then asked that the widening from University Avenue to U.S. Highway 63 only be approved. Mike Ott, President of the Waterloo Board of Realtors, asked the Council's support for the widening project of Ansborough for the community's economic well-being. Robert Molinaro, 2409 W. 4th Street and President of Warren Transport, stated his concern for the polarization of the supporters and objectors to the project. He asked that the Council table any action until such time as alternatives have been reviewed to arrive at a decision in the best interests of the entire community. Bob Brown, 3665 Inverness Road and member of the Citizen's Support Group for Highways, supported the project. Leo Rooff, 510 Frederic and member of the Citizen's Support Group for Highways, stated that he was instrumental in bringing highways to Waterloo and asked the Council's support of the project. A resident at, 733 Russell Road, asked if those adjacent to the project area would be properly compensated for damages. Newton Dunn, 2032 Ansborough, questioned why the Hackett By -Pass alternative through the greenbelt had been dropped. Don Bergen, Vice President of the Waterloo Chamber of Commerce, stated that the Chamber supported the Ansborough project. Councilperson Lichty asked that the Council ignore those petitioners in opposition to the project not residing in the City of Waterloo, Iowa. Mayor Bowers encouraged the Council to support the project as it was a campaign promise. Bob Stevenson, Planning and Programming Director, stated that if the 4 lane concept is approved, the next steps will be an environmental assessment, preliminary design and final design. Moved by Dowie, seconded by Penaluna that "Resolution approving the four (4) lane concept for Ansborough Avenue from University Avenue to San Marnan Drive", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-423. September 10, 1984 Page Eight 86433 - Moved by Dowie, seconded by Wright that communication from City Engineer transmitting contract, bond, and certificate of insurance for F.Y. 1985 Seal Coat Program, Contract No. 279 from Aspro, Inc., of Waterloo, Iowa, together with recommendation of approval be received, placed on file, and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute said contract. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-424. 86434 - Moved by Dowie, seconded by Wright that communication from Planning and Programming Director transmitting Agreement No. 84-F-099 with Iowa Department of Transportation for reimbursement of construction costs and construction engineering costs on Interstate Substitution Project for Wagner Road from U.S. 20 to North Corporate limits (Project No. IX -6589(1)--79-07) be received, placed on file and "Resolution approving said document", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-425. 86435 - Moved by Dowie, seconded by Wright that communication from Community Development Administrator transmitting Change Order No. 4 for F.Y. 1984 E. Park Avenue Parking Facility, Contract No. 251 for decrease in contract of $7,490.16 be received, placed on file, approved, and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 86436 - Moved by Dowie, seconded by Wright that communication from Community Development Administrator transmitting Change Order No. 1 for F.Y. 1984 E. Park Avenue Area Improvements, Contract No. 263 for increase in Contract of $350.00 be received, placed on file, approved, and Mayor and Clerk/Auditor authorized to execute same. Motion carried. • ' 6 k1 _ OM : 0-01) 15-1 W 86437 - Moved by Dowie, seconded by Wright 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. 86438 - Moved by Seeber, seconded by Wright that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 20, Human Relations, and enacting in lieu thereof a new Chapter 20, Human Rights Commission", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3369. September 10, 1984 Page Nine BILLS PA)IENT 86439 - Moved by Dowie, seconded by Getty that "Bills, Resolution Schedule A and B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-426. 86440 - Moved by Klinger, seconded by Penaluna that "Resolution approving the following pay estimates for amounts shown together with recocmnendation of approval: F.Y. 1983 Highway 63 Pumping Station Intercity Interceptor Stage II, Contract No. 248 Pay estimate No. 10 to Jens Olesen & Sons Construction Co., in the amount of $42,370.00. Kimball Avenue to Ridgeway Avenue to South City Limits Project No. IX -6641(1)--79-07 Pay estimate No. 8 to Schenk Engineering Company in the amount $6,395.70. Hoff Road (West 4th Street to West Shaulis Road) Project No. IX -6591(1)--79-07 Pay estimate No. 7 to Robinson Engineering in the amount $2,607.05. Sixth Street Bridge, Contract No. 215 Project No. IX -6653(1)--79-07 Pay estimate No. 15 to Shappart Engin $94,530.78. in the amount F.Y. 1984 Street Reconstruction Program, Contract No. 257 Pay e-1-imate No. T to Aspro Inc., in the amount of $143,960.94. F.Y. 1984 Paving Progr Pay estimate No. I to amount of $183,379.22. East Park Avenue Impr Pay estimate No. I to $57,365.66. am, Contract No. 266 Youngblut Construction Company, Inc., Contract No. 263 IX -6579(1)--79-07 ley Corporation in the amount o F.Y. 1985 200 Block Baltimore Street Sanitary Sewer Replacement, Contract No. 265 Pay estimate No. 2 to Rampart Corporation in the amount o $30,095.10. East Park Avenue Parking Facilities, Contract No. 251 Pay estimate No. 9 to Cardinal Construction Company in of $140,118.35", be adopted. Ayes: Seven. amount Resolution adopted and upon approval by Mayor assigned No. 1984-427. September 10, 1984 Page Ten BILLS PAYMENT CONTINUED 86441 - Moved by Seeber, seconded by Wright that "Resolution approving the following statements for amounts shown together with recommendation of approval: Fifth and Sixth Street Reconstruction Area Sanitary Sewer Improvements (Intercity Interceptor) Statement from Brice, Fetrides & Assoc., Inc in the amount o $13,800.00. F.Y. 1984 Street Reconstruction Program, Contract No. 257 Statement from Schenk Engineering Company in the amount o $2,693.25. Railroad Crossing Signalization at Linden Avenue Statement from Chicago & Northwestern Transportat amount of $4,907.97. F.Y. 1983 Orange Grove Trunk Sewer, Intercity Interceptor, Stage I Contract No. 247 Statement from Brice, Petrides & Associates, Inc., in the amount o $4,713.71", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-428. NEW BUSINESS 86442 - Councilperson Lichty stated that she did not oppose the appointment of Bob Reisinger to the Board of Adjustment but did object that a woman has not served on the Board and that two (2) of the persons on the Board reside in Cedar Falls. She stated that qualified people are available to serve from Waterloo. Moved by Penaluna, seconded by Klinger that communication from Mayor Del Bowers recommending the appointment of Bob Reisinger to the Board of Adjustment term expiring September 8, 1989 be received and placed on file and approved. Motion carried. 86443 - Moved by Getty, seconded by Lichty that communication from the Civil Service Commission transmitting the Certification List for positions of Human Rights Specialist, Contract Compliance Officer, Operation Supervisor, Grants Specialist, be received, placed on file and approved. Motion carried. 86444 - Moved by Getty, seconded by Lichty that communication from the Superintendent of Water Pollution Control Plant transmitting the appointment of Jack Loynachan as Operation Supervisor be received, placed on file and approved . Motion carried. s � � September 10, 1984 Page Eleven NEW BUSINESS CONTINUED 86445 - Moved by Getty, seconded by Lichty that communication from the Community Development Administrator transmitting the appointment of Linda Allen as Grants Specialist be received, placed on file and annroved. Motion carried. 86446 - Moved by Getty, seconded by Lichty that communication from Mayor Del Bowers recommending the reappointment of Jack Swinehart to the Airport Commission term expiring September 17, 1990 be received, placed on file and approved. Motion carried. MISCELLANEOUS 86447 - Moved by Dowie, seconded by Getty that the following applications for Beer and Liquor Licenses be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the Cigarette Permit Application be received, placed on file and approved: Beer and Liquor License Application Permit Class C The Dispensary, 2122 Kimball Avenue, (Renewal) (Expires 9/10/84) Beer and Wine License Application Permit plus Sunday sales Class C Shakey' s Pizza Restaurant, 106 Brookeridge, (Renewal) (Expires 9/10/84) Beer License Application Permit plus Sunday sales Class C Finch Company, 4026 Alexandria, (Renewal) (Expires 9/17/85) 7-11 Sales Corporation, 510 Conger/Broadway, (Neva owners, old location) (Expires 9/10/85) 7-11 Sales Corporation, 1309 Lafayette, (New owners, old location) (Expires 9/10/85) 7-11 Sales Corporation, 1105 Cedar Bend, (New owners, old location) (Expires 9/10/85) Ci arette Permit Application Petro -N -Provisions, 1805 LaPorte Road Motion carried. r• � 86448 - Moved by Dowi.e, seconded by Klinger that the report of City Attorney and list of bonds filed with Clerk through September 10, 1984 be received, placed on file and report and bonds approved. Motion carried. -1 • i. "IUbi ii 86449 - Moved by Getty, seconded Lichty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor September 10, 1984 The Council of the City of Waterloo, Iowa, met in Special Session at Mayor's Conference Room, First Floor of City Hall, Waterloo, Iowa at 5:00 p.m. on September 10, 1984. Mayor Bowers in the Chair. Roll Call: Getty, Lichty, Penaluna, Klinger, Seeber, Dowie, Wright. 86392 - Moved by Dowie, seconded by Lichty to receive and place on file the copies of the call of the Special Session. Motion carried. 86393 - Moved by Getty, seconded by Klinger that the Agenda, as proposed for the Special Session of September 10, 1984 at 5:00 p.m., be approved. Motion carried. 86394 - Mayor Bowers stated that the purpose of the meeting was to discuss the continuation of the City Assessor's Office. He recommended that the office be eliminated. The Mayor called for comments. Agnes Robertson, 1030 Roosevelt Street, supported the continuation of the office. She stated that people of Waterloo need to be represented. Loren Peterson, 3535 Ansborough Avenue, a real estate appraiser, favored the continuation of the office. Mike Ott, President of Board of Realtors, spoke in support of retention of said office. Councilperson Lichty presented a petition of area residents requesting that the City retain the City Assessor and the office of the City Assessor. Tim Myers, County Assessor, reported that the methods of assessment between the City and County are similar; however, the state equalization order was completed at different times within the respective office. A Waterloo appraiser supported retention of the office. Larry Mosier, President of Peoples Federal and Chairman of the Board of Review supported retaining the office and presented a letter of support. Moved by Getty, seconded by Lichty that the above remarks and written letters and petitions be received and placed on file. Motion carried. 86395 - Moved by Getty, seconded by Klinger that the Office of the Waterloo City Assessor be retained in its present form. Ayes: Seven. Motion carried. September 10, 1984 Page Two 86395 - Councilperson Dowie commented that perhaps there maybe a public (cont) relations problem that should be addressed and that the City should exercise more control over the office. Councilperson Seeber stated he felt that the Waterloo Courier comparison of several City Assessor Offices in the state reflected that the Waterloo Office was efficient in terms of dollars spent for operation versus dollar of valuation.' Councilperson Penaluna stated that more direction by the City should be exercised in the City Assessor's Office. 86396 - Moved by Daaie, seconded by Getty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor