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HomeMy WebLinkAbout01/18/1988January 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 January 18, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Budak, Brown. Absent: Wright. Invocation by: Councilperson Brown Pledge of Allegiance: Pack 116 --Jason Buck, Jerome Kauten, Robert Suer, Brett Honn, Eric Sarempa, Chris Walker, Josh Robinson, Nick Nenow, John Forbes, Jerome Anderson 91477 - Moved by Angel, seconded by Fox 91478 - that the Agenda, as amended, for the Regular Session on January 18, 1988, at 7:00 p.m., be accepted and approved. Motion carried. Moved by Angel, seconded by Fox that the Minutes of the Regular Session held on January 11, 1988, at 7:00 p.m. be approved. Motion carried. ORAL PRESENTATIONS 91479 - Mayor McKinley recognized Clint Cooley for his thirty years o City of Waterloo as maintenance personnel for City Hall. retiring on January 29, 1988. f service to the Clint will be Mohammad Elahi was recognized as the September Employee of the Month and was recognized for his accomplishments in the area of traffic signalization computerization. It was moved by Brown, seconded by Dell to receive and place on file the above comments. Motion carried. PETITIONS FROM PUBLIC 91480 - Moved by Buck, seconded by Fox that communication from City Planner transmitting the request of Coldwell Banker Granger Realtors to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District property generally located at the southeast corner of the intersection of University Avenue and Ansborough Avenue, together with recommendation of approval of Planning, Programming and Zoning Commission and petition of opposition signed by 44.4 percent of property owners located within 250 feet and petition of support signed by 29.4 percent located within 250 feet of said request, be received, placed on file and "Resolution setting date of hearing as February 1, 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: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-11. 91481 - Moved by Buck, seconded by Fox that communication from City Planner transmitting the site plan request of Eagle Ottawa Leather Company for property generally located north of Newell Street and the Chicago Northwestern Railroad and approximately one-quarter (1/4) mile easterly of Elk Run Road to construct a leather processing facility and associated pre-treatment sewage plant, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said site plan", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-12. January 18, 1988 Page 2 Petitions From Public - continued 91482 - The Mayor announced that the time had arrived for review of the site plan request of Center Materials Corporation for property generally located 2,000 feet west of Logan Avenue (U.S. Highway 63) and 1,320 feet north of West Big Rock Road for a proposed limestone quarry. John Rooff, Chairperson of the Black Hawk County Board of Supervisors, questioned the impact the quarry would have on the water table, the wear and tear on County roads in the area, and whether or not the sanitary sewer that will be constructed to serve the County Care facility on Dunkerton Road would be affected. Reed Craft, Manager of the Waterloo Water Works, reported that wells in the area will not be affected by the quarry due to the thick limestone layer in the area. In response to a question from Councilperson Buck, it was reported that a discharge permit must be issued by the State Department of Natural Resources. It is anticipated that discharge water will not endanger the creeks in the area. Bob Stevenson, City Planner, reported that the limestone quarry would not affect the construction of the sewer to the Care facility since the sewer will be built within the southerly right of way of Big Rock Road. Trucks using the quarry will be restricted to using Big Rock Road between the quarry site and U.S. 63. Traffic will then be routed north or south onto Highway 63. Trucks will not be allowed to use Big Rock Road west of the quarry entrance. In response to a question from Black Hawk County Board of Supervisors Chairperson John Rooff, Mr. Stevenson reported that the quarry has agreed to dust control measures on the access road between the quarry and Big Rock Road as well as that portion of Big Rock Road that will be used by haul trucks. Chuck Mullen, Attorney representing the quarry, reported that ground water will be discharged from the quarry at a rate 800 gallons per minute, which is a minimal flow. Dave Glosprenner reported on the technical nature of the blasting that would occur at the site. He reported that the company will notify (by certified mail) property owners in the vicinity 48 hours prior to a blast. He reiterated the company's long-standing record of experience in blasting. In response to a question from Councilperson Buck, Mr. Lossbriner reported that soil borings near the site were completed. Discussion was heard on the proximity of residences to the quarry and the affect the blasting would have on them. Jim Sage, President of Rainbow Farms, referred to the Black Hawk County land use policy plan. He objected to the request for various reasons. He stated that the zoning classification for the property ("A-1" Agricultural District) does not allow for a public hearing for uses such as a quarry, a violation of due process. He also asked several questions concerning blasting and excess water that will flow into the Creek as a result of the quarrying. He also stated that permits have not been obtained by the company for its quarry sites in Cedar County. Bob Stevenson, City Planner, reported that the Zoning Ordinance does allow mining in "A-1" Agricultural District areas. He also stated that the concerns expressed tonight on water discharge have not been thoroughly investigated by City staff as this is a function of the State Agency during the state licensing process. He also reported that the company has agreed to voluntarily notify property owners of the blasting, which is not a requirement of the City or State. Reed Craft, Manager of the Waterloo Water Works, reiterated the Board's lack of concern with the quarry operation. He stated that the Board is more concerned about run off from agricultural uses than the possible contamination of a quarry. Robert Barker, representing Center Materials Corporation, stated that the quarrys they operate in Cedar County are above the water table line and contain no water; therefore, no berms are required around the site. January 18, 1988 Page 3 Petitions From Public - continued Bruce Stiles, 4335 Logan Avenue, objected to the quarry, particularly as it relates to the endangerment of plant and wild life in his seventeen acre prairie lands. He stated that it is one of the few natural prairies in Black Hawk County and wants to preserve it as such. He also requested that Center Materials be asked to relocate the entrance road into the property 500 feet west of its proposed location. Bob Stevenson, City Planner, commented that the original request was to locate the road along the westerly portion of the proposed site, but this was amended to provide the shortest haul route on Big Rock Road to Highway 63. Mike Murphy, 3241 Logan Avenue, asked what benefit the City would have from the location of the quarry within the City limits of the City of Waterloo. Mayor McKinley stated that the City had nothing to gain or lose by the location of the quarry. He stated that the requestor is complying with all applicable City ordinances. John Benton stated that the location of the quarry within the community may help in bringing the cost of aggregate down in the metro area. Sandra Nunemaker, 315 West Dunkerton Road, asked several questions concerning the dust problem and the blasting at the site. Mary Kloberdanz, 840 West Donald Street, expressed concerns on the potential dust problem in the area. Moved by Dell, seconded by Brown that communication from City Planner transmitting site plan request of Center Materials Corporation for property generally located 2,000 feet west of Logan Avenue (U.S. Highway 63) and 1,320 feet north of West Big Rock Road for proposed limestone quarry, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said site plan, subject to conditions as contains in a letter from Center Materials Corporation dated January 18, 1988", be adopted. Prior to a vote on this matter and questioning from Councilperson Angel, discussion was heard concerning the relocation of the access road. Merlin Kruse, the property owner, expressed concern with the possible relocation of the road and the adverse affect on his farmstead. Ayes: Five. Nays: Buck. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-13. DOCUMENTS 91483 - Moved by Brown, seconded by Buck that communication from City Engineer transmitting the Iowa Department of Transportation Annual Right -of -Way Assurance Statement for Federal -Aid Projects, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor instructed to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-14. 91484 - Moved by Brown, seconded by Buck that communication from Transportation Program Manager transmitting Addendum to Preconstruction Agreement 87-3-025 between City of Waterloo and Iowa Department of Transportation concerning the conversion of Jefferson Street from a one-way street to a two-way street in conjunction with Relocated U.S. Highway 218 Project, IX -218-7(80)--3P-07, be received, placed on file and "Resolution approving said document", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-15. January 18, 1988 Page 4 RESOLUTIONS TO BE ADOPTED 91485 - Moved by Buck, seconded by Fox that "Resolution authorizing the cancellation of certain property taxes and special assessments for city -owned property located at 819 Linden Avenue", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-16. 91486 - Moved by Buck, seconded by Fox that "Resolution authorizing request for an appeal to the Iowa Department of Management to exceed General Levy Limit for F.Y. 1989 Budget", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-17. 91487 - Moved by Buck, seconded by Fox that "Resolution authorizing submission of an application to Iowa Department of Economic Development (IDED) for Community Economic Betterment Account (CEBA) for Dawson Foundry, Inc. in the amount of $200,000", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-18. BILLS PAYMENT 91488 - Moved by Angel, seconded by Fox that "Resolution approving Schedule A918, pps. 1-44 in the amount of $236,667.23 and Schedule W900, pps. 1-3 in the amount of $19,923.71, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Absent: Wright. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-19. NEW BUSINESS 91489 - Moved by Fox, seconded by Angel that the City Engineer be instructed to prepare plans, specifications, etc. in conjunction with F.Y. 1988 Salvaged Asphalt Crushing Project, Contract No. 342, be received and placed on file. Motion carried. 91490 - Moved by Fox, seconded by Angel that "Resolution preliminarily approving plans, specifications, etc. for F.Y. 1988 Salvaged Asphalt Crushing Project, Contract No. 342", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-20. 91491 - Moved by Fox, seconded by Angel that "Resolution setting date of hearing as February 8, 1988 at 7:00 p.m. in City Hall Council Chambers on plans, specifications, etc. on F.Y. 1988 Salvaged Asphalt Crushing Project, Contract No. 342", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-21. January 18, 1988 New Business - continued 91492 - Moved by Fox, seconded by Angel Page 5 that communication from Mayor Bernard L. McKinley transmitting recommendation of appointment of Josef Fox as council appointee on the Waterloo Redevelopment Authority, with expiration date of October 13, 1990, be received, placed on file and approved. Ayes: Five. Absent: Wright. Abstain: Fox. Motion carried. 91493 - Moved by Fox, seconded by Angel that communication from Mayor Bernard L. McKinley transmitting recommendation of reappointment of Arnold Becker to the Water Works Trustees for another six (6) year term, with expiration date of January 12, 1994, be received, placed on file and approved. Motion carried. 91494 - Moved by Fox, seconded by Angel that communication from Mayor Bernard L. McKinley transmitting recommendation of reappointment of Thomas M. Fereday to the Heating Board for another two (2) year term, with expiration date of December 13, 1989, be received, placed on file and approved. Motion carried. 91495 - Moved by Fox, seconded by Angel that communication from Mayor Bernard L. McKinley transmitting recommendation of reappointment of Rabbi Sol Serber to the Operation Threshold Board for another one (1) year term, with expiration date of December 31, 1988, be received, placed on file and approved. Motion carried. MISCELLANEOUS 91496 - Jim Curran, Building Inspector, reported that The Jet will be in compliance with Ordinance No. 3494 by February 1, 1988. Moved by Budak, seconded by Buck that the following application 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 Outdoor Cafe/Beer Garden Application, Application for License for Distress Sale and Cigarette License be approved: 1. Beer and Wine License Permit Application Class E Hy -Vee Food Store #3, 2325 Crossroads Boulevard (Renewal) (Expires 2/9/89) (Includes Sunday Sales) 2. Beer and Liquor License Permit Application Class C Air Host Waterloo Company, Route 2 (Renewal) (Expires 2/1/89) (Includes Sunday Sales) The Jet, 451 West Parker Street (Renewal) (Expires 2/1/89) (Includes Sunday Sales) 3. Outdoor Cafe/Beer Garden Application The Jet, 451 West Parker Street (May 15 - September 15, 1988) January 18, 1988 Page 6 Miscellaneous - continued Application for License for Distress Sale Wayne Jones dba Super Buy Furniture, 4045 Hammond Avenue, subject to bond. Cigarette License One (1) Motion carried. BONDS 91497 - Moved by Angel, seconded by Buck that the report of City Attorney and list of bonds filed with Clerk/Auditor through January 18, 1988, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 91498 - Moved by Brown, seconded by Angel that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor