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HomeMy WebLinkAbout04/08/1985• saie April 8, 1985 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 April 8, 1985. Mayor Bowers in the Chair. Roll call: Getty, Lichty, Penaluna, Klinger, Dowie, Wright, Seeber. Invocation by Seeber. 87163 - Moved by Davie, seconded by Klinger that the Agenda, as proposed for the Regular Session of April 8, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 87164 - Moved by Wright, seconded by Lichty that the Minutes of the Regular Session held April 1, 1985, at 7:00 p.m., be approved. Motion carried. HEARINGS 87165 - Moved by Penaluna, seconded by Dowie that proof of publication of notice of public hearing to rezone from "A-1" Agricultural District and "C-2" Commercial District to M-1 Light Industrial District property located northeast of Texas Street, north of Shaulis Road and southwest of Cedar Terrace Drive as published in the Waterloo Courier on March 22, 1985, be received and placed on file. Motion carried. 87166 HOLD HEARING --This being the time and place of public hearing the Mayor called for oral and written objections. Moved by Klinger, seconded by Wright that all written objections received to date be received and placed on file. Motion carried. 87167 - Mrs. Ron Kraus, 941 Belle Street, stated the rezoning would deflate property values in the area and create additional water problems. She exhibited pictures that showed the severe water problems during times of moderate rainfall. She also stated that the industrial uses in the area produces fumes, noise, dust, smoke and cinders. There is also a rat problem. She asked that City ordinances relating to these matters be enforced. John Fister, Attorney representing Bertch Cabinet and Jim Youngblut on the rezoning request, stated that according to the Zoning Ordinance, as amended, Ordinance No. 2479, the 14-1" designation does not permit a business to operate that "may become hazardous, noxious or offensive awing to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibrations, refuse matter of water -carried waste." He also stated that a buffer in excess of the ordinance requirement of 25 feet frau a residential zone is being provided. Structures are being proposed to be located 175 ft. to 225 ft. away frau any homes. He also stated that water run-off in an "M-1" Light Industrial District would be the same as a "C-2" Commercial District classification. Mr. Fister stated that due to the change in the highways in the area, the area is no longer suited for commercial uses. Rather, the area is conducive to industrial development due to the area's proximity to the interstate system. April 8, 1985 Page Two HEARINGS CONTINUED 87167 - Councilperson Dowie stated that when the City proposed paving and (cont) storm sewer in the Cedar Terrace area a few years ago, the program was rejected by the citizens' due to the high cost. As a short-term solution, the streets were hard -surfaced and no work done to accommodate drainage problems. Councilperson Klinger stated that the City should enforce its current ordinances relating to litter, dust, noise, etc., and asked when a motion to this concern should be placed on the floor for action. Mayor Bowers responded that after this hearing such a motion could be entertained. Baree Weber, 867 Rose Lane, opposed the rezoning by stating that residential and industrial uses do not mix. She presented a petition of area residents opposed to the rezoning. The residents main concern is protection of their health and safety. Jim Chandler, representing the Waterloo Chamber of Commerce, reported the Chamber's support of the rezoning. He stated that the project demonstrated that Waterloo is willing to work with small businesses. Harry Zanville, Attorney representing citizens opposing the request, stated that he clearly wanted to inform the Council that their opposition to the rezoning should not be a signal that they oppose economic development in Waterloo. He stated that within close proximity of the rezoning site approximately 40 acres of vacant "M-1" Light Industrial District land is available for development. He stated that Bertch Cabinet has not said that they will not expand, even if the rezoning is denied. Mr. Zanville also stated that a proposed agreement was drawn up between the City and Mr. Youngblut in 1981 when the original rezoning request was considered by the Council which contained restrictions on the development of the site. It was not executed, but agreed that these restrictions would be incorporated into the deed of dedication at the time the area was platted. The area remains unplatted. Jim Youngblut, owner of the property in question, stated that the neighborhood has been subjected to dust, noise, etc., by virtue of the other industrial uses that have been in the area for years. Councilperson Dowie asked if a compromise had been reached by both parties. The response was that there has been inadequate time to develop a compromise. City Planner, Bob Stevenson stated that Conditional Zoning may be an option. Such a designation would require that a specific use be defined and that conditions could be placed on its development. Moved by Getty, seconded by Wright that all above oral cc mients, together with petition presented by Baree Weber and letter from Waterloo Chamber of Commerce be received and placed on file. Motion carried. April 8, 1985 Page Three HEARINGS CONTINUED 87168 - Moved by Getty, seconded by Wright that the recommendation of approval of Planning, Progranoming and Zoning Commission be received and placed on file. Motion carried. 87169 - Moved by Getty, seconded by Wright that "ordinance amending, Ordinance No. 2479, as amended, by adding Subsection No. 213 to Section 2A-5, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 87170 - Moved by Getty, seconded by Wright that proof of publication of notice of public hearing to vacate and convey a portion of Brookpark Road --Cedar Crest Addition, as published in the Waterloo Courier on March 22, 1985, be received and placed on file. Motion carried. 87171 - Moved by Getty, seconded by Seeber that the recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 87172 - HOLD HEARING --This being the time and place for public hearing the Mayor called for written and oral objections and there were none. Fred Debe, Schenk Engineering, suggested that the ordinance be read on each of its three readings. Moved by Klinger, seconded by Seeber that "an Ordinance vacating portion of Brookpark Road --Cedar Crest Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 87173 - Moved by Dowie, seconded by Getty that proof of publication of notice of public hearing to vacate 10' easement along east 10' of Tracts E, F, and G, Cedar Crest Addition as published in the Waterloo Courier on March 22, 1985, be received and placed on file. Motion carried. 87174 - Moved by Penaluna, seconded by Klinger that the recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Motion carried. April 8, 1985 Page Four HEARINGS CONTINUED 87175 - 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 Penaluna that "an Ordinance vacating 10' easement along east 10' of Tracts E, F, and G, Cedar Crest Addition", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 87176 - Moved by Getty, seconded by Lichty that proof of publication of notice of public hearing for issuance of Industrial Revenue Bonds for Michael Narey dba Quality Mat Refinishing Project in an amount not to exceed $190,000, as published in the Waterloo Courier on March 22, 1985, be received and placed on file. Motion carried. 87177 - HOLD HEARING --This being the time and place for public hearing the Mayor called for written and oral objections and there were none. Councilperson Dawie complimented City Staff for their efforts to keep Mr. Narey in Waterloo. Moved by Getty, seconded by Wright that "Resolution determining to proceed with the Issuance of not to exceed $190,000 Industrial Revenue Bonds for Michael Narey dba Quality Mat Refinishing Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-128. ORAL PRESENTATIONS 87178 - Councilperson Lichty, Chairperson of the Special Committee investigating Airport Operations, asked why a meeting was convened during her vacation and without her knowledge, with a Councilmember, City staff, and a member of the Airport Commission in attendance. Councilperson Dawie indicated that he was merely invited and did not call it. She also stated that the Reorganization Committee, in her absence due to vacation, had discussed Fire Department Reorganization. Councilperson Getty asked that Ms. Lichty organize a meeting with members of the Airport Commission. The meeting date and time of Wednesday, April 10, 1985, at 3:00 p.m. was suggested. Councilperson Getty asked the Ordinance Committee (Council -of -the -whole) to review the At -Large Council position. Current City ordinance dictates that potentially both At -Large positions could be represented by West side residents. The Ordinance Committee will meet following the City Council meeting April 15, 1985. Moved by Penaluna, seconded by Klinger that the petition received from Elda Dolash and area residents asking that the City revise its ordinances to allow sand to be hauled as a part of regular garbage pick-up be received, placed on file, and referred to the Public Works Committee. Motion carried. 87179 - Moved by Lichty, seconded by Dawie that request of residents residing in 500 block of Knoll Avenue to change parking frau east to west side of the street be received, placed on file and referred to Sign and Traffic Department for review and recommendation. Motion carried. April 8, 1985 Page Five PETITIONS FROM PUBLIC 87180 - Moved by Dowie, seconded by Wright that communication from City Engineer transmitting the request of J. E. Millett Company for temporary concrete driveway at 400 Ansborough Avenue together with recommendation of approval be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-129. 87181 - Moved by Dowie, seconded by Wright that communication from Planning, Programming and Zoning Commission transmitting recommendation to construct addition to existing storage building at Columbus High School, together with recommendation of approval, be received, placed on file, and "Resolution approving special permit", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-130. UNFINISHED BUSINESS 87182 - Don Temeyer, Planning and Development Director, described the four (4) possible options for consideration regarding the proposal presented by Clark, Butler, Walsh, and McGivern on the redevelopment of the site generally located between the West Side Parking Ramp, W. 4th Street, and Cedar River. (see CR 87037 of March 4, 1985) Councilperson Lichty asked whether a tax abatement would be granted. Don Temeyer indicated that no abatement could be given because the site is contained within an Urban Renewal Area, an area that is not eligible for such an abatement. Orin Miller, 1920 Franklin Street, stated that the area should remain an open space area. Mrs. Mike Baker, 1300 Byron, stated that the area should be given to the Soldiers and Sailors Memorial. Moved by Getty, seconded by Seeber that the communication from Planning and Development Director transmitting proposal from Clark, Butler, Walsh, and McGivern on redevelopment of said parcel be received, placed on file and "Resolution approving the sale of land generally described above to Clark, Butler, Walsh, and McGivern for the City's expense in the land (approximately $7,000.00) and not construct or participate in the cost of a skywalk at this time", be adopted. Ayes: Klinger, Getty, Seeber, Wright. Nays: Penaluna, Lichty, Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-131. REPORTS 87183 - Moved by Dowie, seconded by Klinger that report of Clean Community Commission to declare April 21-27, 1985, as "Keep America Beautiful Week", be received, placed on file, and approved. Motion carried. April 8, 1985 Page Six REPORTS CONTINUED 87184 - Moved by Dawie, seconded by Klinger that City Auditor's Statement of March 1985 be received and placed on file: Auditor's Balance - March 1, 1985 $27,497,003.93 Revenues - Property Tax 512,595.89 Revenues - City Clerk 191,036.99 Revenues - City Treasurer 1,688,625.59 Revenues - Transfers 32,647.41 Accounts Payable 1,257,681.31 Payrolls 1,942,389.89 Transfers 32,647.41 Auditor's Balance - March 31, 1985 26,689,191.20 Warrant's Outstanding 505,318.27 Treasurer's Balance - March 31, 1985 $27,194,509.47 Motion carried. 87185 - Moved by Dawie, seconded by Klinger that communication from Clerk/Auditor to publish the annual salary/wage of all City employees for calendar year 1984 to canply with state code requirements be received, placed on file and approved, and Clerk instructed to publish as required. Motion carried. 87186 Councilperson Getty stated his opposition to placing limitations on articles that will be picked up during Spring Cleanup Week (May 13, 1985). Moved by Dawie, seconded by Klinger that communication from Street Department and Clean Community Commission transmitting restrictions on garbage collection during Spring Cleanup Week (May 13, 1985) be received, placed on file, and referred to Public Works Committee with recommendation to City Council on April 22, 1985. Motion carried. DOCUMENTS 87187 Moved by Dawie, seconded by Klinger that communication from City Engineer transmitting recommendation of acceptance of Youngblut Construction Co., Inc., for the F.Y. 1985 Paving Program, Contract No. 266, together with recommendation of approval be received, placed on file and "Resolution approving said acceptance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-132. April 8, 1985 Page Seven DOCUMENTS CONTINUED 87188 - Moved by Dawie, seconded by Klinger that communication from City Planner transmitting Engineering Consultant Rankings and Map for the Third Group Projects under the Interstate Substitution Program, together with request to begin negotiations with Iowa Department of Transportation for design contracts be received, placed on file and 'Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-133. 87189 - Moved by Dowie, seconded by Klinger that communication from City Engineer transmitting Contracts for Consultant Engineering Services, with Brice, Petrides and Assoc., Inc., for the Sixth Street Extension, (IX -6604(1)--79-07), 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-134. 87190 - Moved by Dowie, seconded by Klinger that communication from Community Development Board transmitting Contract with Brice, Petrides and Associates, Inc., for construction of a pump station on Nevada Street Extension, be received, placed on file, approved and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-135. 87191 - Moved by Dawie, seconded by Klinger that communication from City Attorney recommending acceptance of Quit Claim Deed from Antioch Baptist Church for Lafayette Building Property (East Fourth and Lafayette Streets), be received, placed on file and "Resolution accepting said deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-136. RESOLUTIONS TO BE ADOPTED 87192 - Moved by Klinger, seconded by Lichty that "Resolution authorizing the Days of Remembrance of the Victims of the Holocaust, April 14-21, 1985", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-137. 87193 - Moved by Getty, seconded by Dowie that communication from Waterloo Water Works transmitting request to approve past monthly compensation of Board of Trustees members, their future compensation, and bond requirements be received, placed on file, and tabled for one (1) week. Motion carried. April 8, 1985 Page Eight BILLS PAYMENT 87194 -Moved by Daaie, seconded by Klinger that "Bills, Resolution Schedule A and B, copies of which are available in the office of the Clerk/Auditor", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-138. 87195 - Moved by Klinger, seconded by Getty that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: F.Y. 1982 San Souci Island Bypass Channel Wing Dam, Con. No. 237 Pay estimate No. 1 in the amount of $6,600.00 to Brice, Petrides and Assoc., Inc. Lafayette Street Sanitary Sewer Extension No. 2, Con. No. 275 Final pay estimate in the amount of $7,000.00 to Brice, Petrides and Assoc., Inc. Conway Vicinity Skywalk, Contract No. 281 Pay estimate in the amount of $23,105.00 to Cardinal Construction Company. F.Y. 1985 Maynard Avenue Paving and Incidentals, Con. No. 270 Pay estimate No. 2 in the amount of $2,406.14 to Jensen, Cary and Shoff. Wagner Road Reconstruction, Project IX -6589(2)--79-07, Sewage Facilities Investigation - Phase I Pay estimate No. 1 in the amount of $3,103.71 to Wayne Claassen Engineering and Surveying, Inc. Dysart Road, Project No. IX -6691(1)--79-07, Shaulis Road to Orange Road Pay estimate No. 5 in the amount of $4,171.69 to Robinson Engineering Company. Hoff Road, West 4th Street to West Shaulis Road Project No. IX -6587(3)--79-07 Pay estimate No. 14 in the amount of $1,105.09 to Robinson Engineering Company. Kimball Avenue frau Ridgeway Avenue to south City limits Project No. IX -6641(1)--79-07 Pay estimate No. 15 in the amount of $6,592.74 to Schenk Engineering Company. F.Y. 1984 Paving Program, Contract No. 266 Pay estimate No. 6 (FFinal) in the amount of $22,761.95 to Youngblut Construction Company", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-139. dirisk April 8, 1985 Page Nine BILIS PAYMENT CONTINUED 87196 - Moved by Klinger, seconded by Getty that "Resolution approving the following statements for amounts shown together with recommendation of approval: Allen Hospital Vicinity Drainage Analysis Final invoice in the amount of $3,750.00 to Brice, Petrides and Assoc., Inc. Deere Road Reconstruction Project Invoice in the amount of $1,275.27 to City of Cedar Falls. Wagner Road, Project No. IX -6589(2)--79-07 Statement in the amount of $2,553.73 to Wayne Claassen Engineering and Surveying, Inc. F.Y. 1985 Reconstruction Program, Contract No. 283 Statement in the amount of $11,202.01 to Jensen, Cary, Shoff Consulting Engineers. Intercity Interceptor, Stage III, Falls Avenue Sewer, Contract Contract No. 254 Statement in the amount of $84.00 to Twin City Testing and Engineering", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-140. 87197 - Moved by Dowie, seconded by Getty that request of Rath Packing Co. Reorganization Committee for City funds in the amount of $15,000 be received, placed on file, and action delayed until the Council meets to discuss the plans of the Committee at a Special Council Meeting to be held Tuesday, April 9, 1985, at 7:00 p.m. in the City Hall Council Chambers. Motion carried. NEW BUSINESS 87198 - Moved by Do ie, seconded by Seeber that communication from Waterloo Water Works transmitting statement on repair to the following address: 800-802 Walnut Street, together with recommendation to certify unpaid amount to the County Treasurer be received, placed on file and "Resolution approving said certification", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-141. 87199 - Moved by Dowie, seconded by Seeber that communication from Waterloo Water Works transmitting statement on repair to the following address: 1301 Jefferson Street, together with recommendation to certify unpaid amount to the County Treasurer be received, placed on file and "Resolution approving said certification", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-142. 87200 - Moved by Dowie, seconded by Seeber that communication from Fire Department transmitting retirement of Lt. John Jennings and entitlement to vacation and sick pay in the amount of $17,637.84 be received, placed on file, approved and "Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-143. April 8, 1985 Page Ten NEW BUSINESS CONTINUED 87201 - Moved by Dawie, seconded by Seeber that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests Councilperson Seeber to attend Governor's Conference on Aging, Des Moines, May 20-22, 1985; cost not to exceed $190.00. Tim Luce, Assistant City Attorney, to attend U.S. Dept. of Labor re: CETA, Kansas City, April 9, 1985; cost not to exceed $226.00. Richard Hartley, Jr. and Ronald Johnson, Street Dept., to attend Perma Soil Stabilizer Seminar, Des Moines, April 22, 1985; no cost to City and travel by City vehicle. Motion carried. MISCELLANEOUS 87202 - Moved by Dowie, seconded by Seeber 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, the Cigarette License Application and Pawnbroker License be received, placed on file and approved: Beer and Liquor License Permit Application Class C The Round Up, 1927 Jefferson (Renewal) (Expires 4/15/86) Beer License Permit Application plus Sunday sales Class B South Hills Pro Shop, 1830 E. Shaulis Road, (New) (6 months Seasonal) (Expires 10/11/85) Byrnes Park Pro Shop, 1000 Fletcher, (New) (8 months Seasonal) (Expires 12/11/85) Waterloo Baseball Inc., 850 Park Road, (New) (6 months Seasonal) (Expires 10/ /85) Gates Park Pro Shop, 820 E. Donald, (New) (6 months Seasonal) (Expires 10/11/85) Sportmen's Club, 3105 Shirey Way, (1 day) Cigarette License Permit American Black Hawk Food Services, Inc. at Control -o -fax, Airline Highway, 2700 Falls Avenue Pawnbroker License A-1 Pawn, 2016 Black Hawk Street Motion carried. BONDS 87203 - Moved by Klinger, seconded by Dowie that the report of City Attorney and list of bonds filed with Clerk through April 8, 1985, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 87204 - Moved by Getty, seconded by Lichty that the Council adjourn. Motion carried. Larry P. Burge, --N City Clerk/Aud, Jr