HomeMy WebLinkAbout07/18/1988July 18, 1988
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 July 18, 1988. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Brown. Absent: Wright and Budak.
Invocation by: Councilperson Sammie Dell
Pledge of Allegiance: Pack 528 --Jim Schoer and David Smith
92472 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on July 18, 1988 at 7:00
p.m., be accepted and approved. Motion carried.
92473 - Moved by Buck, seconded by Angel
that the Minutes of the Regular Session on July 11, 1988, at 7:00 p.m., be
accepted and approved. Motion carried.
HEARINGS
92474 - Moved by Angel, seconded by Fox
that proof of publication of notice of public hearing on request of Hope M.
Anderson to purchase City -owned property generally located at the southwest
corner of San Marnan Drive and Iowa Highway 21, as published in the Waterloo
Courier on July 8, 1988, be received and placed on file. Motion carried.
92475 - 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 Brown, seconded by Buck
that the recommendation of approval of the Planning, Programming and Zoning
staff be received and placed on file. Motion carried.
92476 - Moved by Buck, seconded by Fox
that "Resolution authorizing sale and conveyance of City -owned property to Hope
M. Anderson generally located at the southwest corner of San Marnan Drive and
Iowa Highway 21", be adopted and City Attorney instructed to prepare and
deliver deed accordingly. Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-404.
92477 - Moved by Fox, seconded by Angel
that proof of publication of notice of public hearing on request of Victor J.
and Anneliese Kupka to purchase City -owned land generally located south of
Independence Avenue and east of Bishop Avenue, as published in the Waterloo
Courier on July 1, 1988, be received and placed on file. Motion carried.
92478 - 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 Brown, seconded by Angel
that the recommendation of approval of the Planning, Programming and Zoning
Commission staff be received and placed on file. Motion carried.
92479 - Moved by Dell, seconded by Fox
that "Resolution authorizing sale and conveyance of City -owned property to
Victor J. and Anneliese Kupka generally located south of Independence Avenue
and east of Bishop Avenue", be adopted and City Attorney instructed to prepare
and deliver deed accordingly. Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-405.
July 18, 1988 Page 2
Hearings - continued
92480 - Moved by Dell, seconded by Buck
that proof of publication of notice of public hearing on revised special permit
request of Gary Stuber dba S & M Engines for a proposed salvage yard generally
located along the east side of Burton Avenue approximately 2,100 feet south of
West Airline Highway, as published in the Waterloo Courier on July 12, 1988, be
received and placed on file. Motion carried.
92481 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Bob Stevenson, City Planner, showed an overhead of the location of the proposed
site on Burton Avenue. He stated that one property owner within 250 feet of
the area constitutes 18 percent opposed to the request. Stevenson continued
that the 250 foot rule did not apply to this particular situation because it
was not a rezoning hearing but a hearing on a special permit. He continued
that the present zoning for the area is "M -2,P". Stevenson stated that the
only other requirements were set out by Mark Linda, of the Black Hawk County
Health Department, requiring concrete floors being placed with catch basins for
oil for the tearing down of the engines that Mr. Stuber would be working on,
and clay based soil under the outside location where the engines would be
stored. Stevenson stated that Mr. Stuber will go further than the requirements
by placing a roof over the area where the engines would be stored to eliminate
any oil runoff from rain water. Stevenson continued that the Council can be
specific on the requirements of the operation at a hearing such as this.
Gary Stuber stated that the history behind his going into business was that he
began the operation after being laid off from John Deere several years ago by
taking apart engines and selling the parts to other dealers. Stuber stated
that he had no plans to store junk cars on his property at the present time,
and that all engines that were brought to the site were taken apart and
dismantled as soon as his employees could get to them. He continued that his
company now has grown into a company of seven employees.
Councilperson Buck stated that in his observation of Stuber's present site,
there was a stack of engines piled up so that passersby could observe those
engines.
Gary Stuber stated that that was an unusual situation in that two of his
employees were called back to John Deere and that a delivery of engines had
arrived and he had not had the opportunity to dismantle them.
Dean Schoonover, 2452 Burton Avenue, stated that he had received more names on
a petition opposing Mr. Stuber operating an engine salvage yard in the area and
would like to present them now to the Council. Schoonover continued that he
had many concerns regarding this proposed site such as the contamination of the
water supply in the area due to the sandy soil, the water runoff that presently
is a problem because of other developments in the area with parking lots,
having a junk dealer in the area, and also making sure that Mr. Stuber complies
with all aspects of the requirement.
John Sullivan, 2533 Burton Avenue, spoke to several concerns that he had
regarding auto bodies being left in the area, property drainage that now exist
and would be multiplied by Mr. Stuber's operation, and the potential for a
water problem and contaminates infiltrating existing wells in the area based on
the newspaper article between the DOT and Weissman Steel. Mr. Sullivan
continued that he would recommend that the Council vote no on this request.
Mark Linda, Black Hawk County Health Department, stated that he and Mr. Stuber
had surveyed the area and Mr. Stuber had met the requirements that the Black
Hawk County Health Department had placed on him, such as oil catch basins for
the dismantling of engines, the storage areas being a concrete or clay based
soil, and that Mr. Stuber had gone further than required by the DNR regarding a
permanent cover over the stored engines in the outside area. Linda stated that
the DNR did not require that the engines be covered, and that Mr. Stuber had
voluntarily stated that he would have a cover over the engines within a year of
opening his operations.
July 18, 1988
Page 3
Hearings - continued
John Stuber stated that the problems with Weissman Steel were not due to oil
and auto salvage, but it was his understanding that it was due to the scrapping
of appliances and contaminates that are found in household appliances. Stuber
continued that he had no plans for auto body storage out there, and that as
soon as a car is received in the fenced in area, the engine would be dismantled
and the car removed.
John Sullivan stated that he was concerned over the problem with the present
drainage in the area and that basically he did not want a salvage yard in the
area.
Ron Sawyer, 861 West Airline Highway, stated that he would be opposed to a junk
yard in his back yard.
Mayor McKinley stated that this was not a zoning hearing and that the area is
also zoned "M -2,P" which would allow many types of industries in the area that
might not be as conducive to the area as a business such as Mr. Stuber is
proposing to operate.
Deb Crawford, 1645 Cornwall, stated that she would hope that the Council would
consider the present operation that Mr. Stuber runs, and that Mr. Stuber is a
good, fine, upstanding citizen for the community and would recommend the
Council vote in favor of this special permit.
Herb Williams, representing Professional Office Systems, stated that the area
presently has good neighbors and would not like to see a junk dealer located in
the area. Mr. Williams continued that it is about time that the City starts
taking care of the Burton Avenue area and would hope that when he identifies
the location of his business, that he would not have to explain that its across
the street from a dump. Mr. Williams recommended that the City vote no on this
request.
Councilperson Angel stated that she was sympathetic to Mr. Stuber's situation
in that he is being relocated by the Department of Transportation due to the
new highways coming through the Waterloo area, but she had concerns over the
location of a salvage yard next to residential homes. Angel continued that for
that reason she would be opposing this issue.
Gary Stuber stated that every property that he had looked at for relocation of
his engine salvage operation was next to a residential area and that he would
run into this situation wherever he wanted to locate.
Don Temeyer, Planning and Development Director, stated that they had been
working with Mr. Stuber for quite a while trying to locate an operation site
for him and had been fairly unsuccessful. Temeyer stated that it was Mr.
Stuber's request to locate at the BMX Race Track so the staff followed through
with the proper procedures.
Mr. Temeyer was questioned as to whether there were any locations down in the
Riverview area where presently some other salvage yards exist.
Temeyer stated that they are presently trying to remove the salvage yards from
the Riverview area due to the fact of flooding in the area and the potential
for contamination from flood waters.
Gary Stuber stated that the Department of Transportation is pushing him along
to relocate due to the highway construction. He continued that if this Council
votes this special permit down tonight, he could potentially be out of
business.
Dennis Clark, 2204 Ashland, stated that he was a resident of the area and that
the Council could potentially lose fine, quality people from the area such as
himself. He was concerned with the noise and air pollution that may be caused
by this operation in that he raises livestock on his property.
Bill Smith, 2260 Ashland, stated that he was concerned regarding the entire
area and what this operation would do. Smith continued that the City has done
nothing to help the area out in the past, and he would request that the City
deny Mr. Stuber's request.
July 18, 1988 Page 4
Hearings - continued
Councilperson Fox questioned Mr. Temeyer regarding the availability of any WIDA
land in the area for a site for Mr. Stuber.
Councilperson Brown stated that he would hope that the City staff would give
Mr. Stuber immediate attention regarding finding another location for his
operation.
Don Temeyer, Planning and Development Director, stated that he would have to
defend the staff in that they have worked very hard to accommodate Mr. Stuber
and that their recommendation is that this site is conducive to his operation.
Moved by Brown, seconded by Angel
to receive and file the recommendation of approval of the Planning, Programming
and Zoning Commission and also all the oral and written comments received
tonight and that "Resolution approving said revised special permit request of
Gary Stuber dba S & M Engines for a proposed salvage yard generally located
along the east side of Burton Avenue approximately 2,100 feet south of West
Airline Highway", be denied. Ayes: Five. Absent: Wright and Budak.
Resolution failed.
PETITIONS FROM PUBLIC
92482 - Moved by Buck, seconded by Brown
that communication from City Planner transmitting minor site plan amendment
request of Eagle Ottawa Leather Company for property generally located north of
Newell Sreet and east of North Elk Run Road, together with recommendation of
approval of the Planning, Programming and Zoning Commission, be received,
placed on file and "Resolution approving said minor site plan", be adopted.
Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval of Mayor assigned No. 1988-406.
92483 - Moved by Buck, seconded by Brown
that communication from City Planner transmitting site plan amendment request
of Rosteck Jewelry for property located at 1137 Dundee Avenue, together with
recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as August
8, 1988 at 7:00 p.m. in the City Hall Council Chambers on the above described
request", be adopted and Clerk/Auditor instructed to publish notice of same.
Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-407.
92484 - Moved by Buck, seconded by Brown
that communication from City Planner transmitting request of Floyd and Grace
Thompson to vacate, sell and convey the east -west alley to the west of Bishop
Avenue, 160 feet south of Independence Avenue, together with the recommendation
of approval of the Planning, Programming and Zoning Commission, be received,
placed on file and "Resolution setting date of hearing as August 8, 1988 at
7:00 p.m. in the City Hall Council Chambers on the above described request", be
adopted and Clerk/Auditor instructed to publish notice of same. Ayes:
Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-408.
July 18, 1988
Petitions from Public - continued
Page 5
92485 - Moved by Buck, seconded by Brown
that communication from City Planner transmitting request of Northland Products
Co, Inc. to vacate, sell and convey a portion of Fairbanks Drive, together with
the recommendation of approval of the Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing
as August 8, 1988 at 7:00 p.m. in the City Hall Council Chambers on the above
described request", be adopted and Clerk/Auditor instructed to publish notice
of same. Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-409.
92486 - Moved by Buck, seconded by Brown
that communication from City Planner transmitting request of Joseph and Raymond
Litzkow to rezone from "A-1" Agricultural District to "M-1" Light Industrial
District property generally located along the north side of Black Hawk Road
adjoining the City's flood control levee, together with the recommendation of
denial of the Planning, Programming and Zoning Commission, be received, placed
on file and "Resolution setting date of hearing as August 15, 1988 at 7:00 p.m.
in the City Hall Council Chambers on the above described request", be adopted
and Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent:
Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-410.
92487 - Moved by Buck, seconded by Brown
that communication from City Planner transmitting request of Robert D. Mason
and Max Guernsey to rezone from "R-3" Multiple Family Residence District to
"C-2" Commercial District/"C-Z" Conditional Zoning and site plan approval on
property generally located between Summit Avenue and Reber Avenue, east of
Fletcher Avenue, together with the recommendation of approval of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as August 15, 1988 at 7:00 p.m. in the City Hall
Council Chambers on the above described request", be adopted and Clerk/Auditor
instructed to publish notice of same. Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-411.
92488 - Moved by Buck, seconded by Brown
that communication from City Planner transmitting request of Max Guernsey and
Jim Blackledge to vacate, sell and convey a portion of the north -south alley
between Summit Avenue and Reber Avenue, east of Fletcher Avenue, together with
the recommendation of approval of the Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing
as August 15, 1988 at 7:00 p.m. in the City Hall Council Chambers on the above
described request", be adopted and Clerk/Auditor instructed to publish notice
of same. Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-412.
92489 - Moved by Buck, seconded by Brown
that communication from City Planner transmitting request of Max Guernsey to
rezone from "R-3" Multiple Family Residence District to "C-2" Commercial
District/"C-Z" Conditional Zoning property generally located along the south
side of Alabar Avenue and east of Linbud Lane, together with recommendation of
denial of the Planning, Programming and Zoning Commission, be received, placed
on file and "Resolution setting date of hearing as August 15, 1988 at 7:00 p.m.
in the City Hall Council Chambers on the above described request", be adopted
and Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent:
Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-413.
July 18, 1988
REPORTS
92490 - Moved by Buck, seconded by Fox
Page 6
that communication from Clerk/Auditor transmitting F.Y. 1987 Auditor's Reports
and Financial Statements and Supplemental Information be received and placed on
file. Motion carried.
DOCUMENTS
92491 - Moved by Brown, seconded by Angel
that communication from Assistant City Engineer transmitting Contract for
Engineering and Construction Staking Services with Robinson Engineering Company
in conjunction with F.Y. 1989 500 Block Derbyshire Road Paving, Contract No.
355, together with recommendation of approval, be received, placed on file and
"Resolution approving said contract", be adopted and Mayor and Clerk/Auditor
authorized to execute same. Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-414.
92492 - Moved by Brown, seconded by Angel
that communication from Transportation Program Manager transmitting Utility
Agreement with Northwestern Bell in conjunction with Ansborough Avenue North
(University to Upton), IX -6615(7)--79-07, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-415.
92493 - Moved by Brown, seconded by Angel
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance from Youngblut Contracting, Inc. of Washburn, Iowa in
the amount of $97,567.40 in conjunction with F.Y. 1988 Longview & Vincent
Culvert Replacements, Contract No. 326, 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 same.
Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-416.
92494 - Moved by Brown, seconded by Angel
that communication from Assistant City Engineer transmitting Addendum to
Contract for F.Y. 1988 Street Reconstruction Program 2, Contract No. 339, be
received, placed on file and "Resolution approving said document", be adopted.
Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-417.
92495 - Moved by Brown, seconded by Angel
that communication from City Engineer transmitting Change Order Nos. 3 and 4
for a net increase of $10,968.60 for work to be performed by Youngblut
Contracting, Inc. in conjunction with F.Y. 1986 East Shaulis Road Bridge
Replacement, Contract No. 273, BROS-07WA(2)--8J-07, together with
recommendation of approval, be received, placed on file and Mayor and
Clerk/Auditor authorized to execute same. Motion carried.
92496 - Moved by Brown, seconded by Angel
that an agreement with Black Hawk County approving loan and guaranteeing
payment for the Black Hawk County Solid Waste Commission pertaining to the
issuance of General Obligation Bonds for Black Hawk County, be received, placed
on file and "Resolution approving said agreement", be adopted and Mayor and
Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Wright and
Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-418.
July 18, 1988
RESOLUTIONS TO BE ADOPTED
92497 - Moved by Angel, seconded by Fox
Page 7
that "Resolution authorizing and directing the Clerk/Auditor to destroy certain
records and papers as provided in Section 372.13, Paragraph 5, 1985 Code of
Iowa", be adopted. Ayes: Five. Absent: Wright and Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-419.
BILLS PAYMENT
92498 - Moved by Angel, seconded by Brown
that "Resolution approving Schedule A918, pp. 1-65 in the amount of
$696,891.30, and Schedule W900, page 1, in the amount of $75,075.35, copies of
which are on file in the Clerk/Auditor's Office", be adopted. Ayes:
Four. Absent: Wright and Budak. Abstain: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1988-420.
NEW BUSINESS
92499 - Moved by Buck, seconded by Angel
that communication from Community Development Administrator transmitting
recommendation of approval of the appointment of Sherry M. Thomas to the
position of Relocation/Rehabilitation Specialist for the Community Development
Board, be received, placed on file and approved. Motion carried.
92500 - Moved by Buck, seconded by Angel
that communication from Director of Parks and Forestry transmitting
recommendation of approval of appointment of Eric Dralle to the position of
Park Maintenance II in the Parks Department, be received, placed on file and
approved. Motion carried.
Travel Requests
92501 - Moved by Brown, seconded by Angel
that the following travel requests with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Donald Kehoe, Captain, to attend M.O.C.I.C. Conference (Mid -States
Organized Crime Information Center) on September 6 - 8, 1988 in St. Louis,
Missouri, with costs not to exceed $324.00, including the use of City
vehicle.
2. Lawrence Johnson and Jack Stainbrook, Sergeants, to attend Law Enforcement
Intelligence Network (LEIN) Investigations School on September 12 - 23,
1988 in Des Moines, Iowa, with costs not to exceed $600.00, including the
use of City vehicle.
3. John P. Kehoe, Chief Electrical Inspector, to attend Western Section
International Association of Electrical Inspector's 84th Annual Meeting on
October 10 - 12, 1988 in Louisville, Kentucky, with costs not to exceed
$719.39.
4. John Beckman, Mark Meyer and David Marshall, Investigators, to attend DEA
Basic Drug Investigation School on August 8 - 19, 1988 in Cedar Rapids,
Iowa, with costs not to exceed $683.00, including the use of City vehicle.
5. Steve Tomkins, Investigator, to attend Child Abuse/Sexual Exploitation
Seminar on August 22 - 26, 1988 in Twin Cities, with costs not to exceed
$125.00, including the use of City vehicle.
6. John Meyer, Public Works Director, to attend 1988 Annual Meeting - Iowa
Chapter, American Public Works Association on August 18 - 19, 1988 in Des
Moines, Iowa, with costs not to exceed $290.00.
Motion carried.
July 18, 1988 Page 8
MISCELLANEOUS
92502 - Moved by Brown, seconded by Angel
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 application for massage technician permit and
cigarette license applications, be received, placed on file and approved:
1. Beer License Permit Application
Class C
Boleyn Grocery, 319 Edwards (Renewal) (Expires 8/28/89) (Includes Sunday
Sales)
2. Beer License Permit Application
Class B
Becker -Chapman American Legion, 619 Franklin (Renewal) (Expires 8/9/89)
(Includes Sunday Sales)
3. Beer and Liquor License Permit Application
Class C
Club Rendezvous, 829 East 4th Street (Renewal) (Expires 7/22/89) (Includes
Sunday Sales)
Chuck's Lounge, 1428 East 4th Street (New) (Expires 7/20/89) (Includes
Sunday Sales)
Application for Massage Technician Permit
Linda Epley
Cigarette License Applications
Four (4)
Motion carried.
BONDS
92503 - Moved by Buck, seconded by Dell
that the report of City Attorney and list of bonds filed with the Clerk/Auditor
through July 18, 1988, be received, placed on file and report and bonds
approved. Motion carried.
ORAL PRESENTATIONS
92504 - Mayor McKinley stated he had concerns over the condition of the existing
property that is presently the BMX Race Track on Burton Avenue. He stated that
the City would be working with the owners to clean up that area. Mayor
McKinley continued that people had to stop looking at all types of salvage
yards as bad neighbors. He stated that salvage yards are a necessity and that
people need to realize there is a place in the community for them.
Moved by Brown, seconded by Buck
that the Council adjourn. Motion carried.
Larry P. Burger
Clerk/Auditor