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HomeMy WebLinkAbout03/23/81The Council of the .City of Waterloo, Iowa, met in City Hall at 7:00 P.M., on March 23, 1981. Mayor Bowers, Burton, Getty, Penaluna, Roehr, Wilharm. Wilharm. March 23, 1981 Regular Session in Council Chambers in the Rooff in the Chair. On roll call: Present: Absent: Dowie. Invocation by Councilman 80115 - Moved by Roehr, seconded by Burton, that the Agenda as proposed, for the Regular Ses-- sion of March 23, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 80116 - Councilman Burton asked that the date of hearing for issuance of industrial develop- ment revenue bonds for Crystal Ice and Storage be moved to April 20, 1981 at 7:00 P.M. rather than as previously established for April 13, 1981. Moved by Burton, seconded by Wilharm, that the minutes of the Regular Session held March 16, 1981 at 7:00 P.M. be approved, as amended. Motion carried. HEARINGS 80117 - Moved by Roehr, seconded by Penaluna, that proof of publication of notice of public hearing on a special permit for a moto-cross/flat track at 2220 Black Hawk Road as published in the Waterloo Courier on March 6, 1981 be received and placed on file. Motion carried. 80118 - Moved by Burton, seconded by Wilharm, that petitions for and against the moto-cross/ flat track at 2220 Black Hawk Road and report of the Plan and Program Commission be received and placed on file. Motion carried. 80119 - HOLD HEARING - This being the time and place of public hearing, the Mayor called for written and oral objections. Dr. William Rotton the requestor for the moto-cross/flat track, explained his proposal for the site. He stated that the track would be limited to club members only and em- phasized that races were not an integral part of the plan. The track's primary func- tion would be for practice purposes. The bar and restaurant proposal is being proposed to financially support the operation of the track. The actual track will be located approximately 250 feet from Black Hawk Road. He stated that on the Previous Sunday approximately 49 bikes were practicing and no noise complaints were aired, although he later was informed that the police had received a complaint. A squad car did go to the site but they did not receive any warning from the officer. Leonard Katoski, Park Department Director, read a report from the Park Commission and staff opposed to the location of the moto-cross/flat track. Their main points of ob- jection were: 1) the proposal is contrary to the long-range plans of the area, 2) the proposal would result in considerable noise pollution, and 3) the proposal is an in- trusion to the quietude and solitude inherit to the nearby Leonard Katoski Greenbelt. Tom Mclntee, spokeman for the residents along Lark Lane, opposed the track location, and not the use. He stated that there is a constant problem of noise of motorcycles in the area and that the area should be reserved for residential purposes as indicated by the long-range plans. Janice Shaefer, 1749 Lark Lane, stated that after the Plan and Program Commission meeting the previous Wednesday she and several others had difficulty leaving City Hall due to several of the proposers of the track harassing them. She asked how Mr.Rotton wou14 control members of the group on the track. Ann Sadler, 1700 West Ridgeway, stated that the Mitchell Avenue sandpit area was not a suitable location for the track. Maxine Squires, Evansdale, spoke in favor of the track and that it would not be a detriment to wildlife in the Greenbelt. Mike Schaefer, 1749 Lark Lane, stated that upon measuring the sound level of a motor- cycle versus a telephone in his house, a motorcycle produced a higher sound level. Steve Starkey stated that the dike would elevate the noise and not cause considerable problems. Bill Wood, 230 Auburn Street, stated that he had a compromise for the situation which includes the planting of a dense hedge around the perimeter and the use of mufflers to lessen the sound levels. - 2 - 80119 - (Continued) General discussion followed as to whether mufflers would lessen sound levels and the specifications of the AMA. Jeff Smelser stated that a controlled area for racing is needed and that the streets do not provide a good alternate. Barb Coffin, 1006 Martin Road, stated that sound readings had not been taken on Martin Road and that they had been disrupted by the sound. Dr. William Rotton explained that pleasure snowmobiling is planned for the area. Bill Hoffman, Director of Health and Sanitation, stated that the bar/restaurant would be required to meet all health and sanitation requirements. Do%meyer, Director of Plan and Programming stated the Plan and Program Commission had reviewed the request for a second time in order to clarify the additions to the site plan, i.e. restaurant/bar, races, etc. Moved by Wilharm, seconded by Roehr, that the above remarks be received and placed on file. Motion carried. 80120 - Moved by Roehr, seconded by Burton, that "Resolution approving the special permit for a motocross/flat track at 2220 Black Hawk Road", be denied for reasons of no sewer and Water available to the site and non-compliance with long range plans for the area. Ayes: Six. Absent: Dowie. Motion carried. 80121 - Moved by Burton, seconded by Getty, that proof of publication of notice of public hear- ing on proposal to vacate, sell and convey an alley adjacent to the National Bank of Waterloo, Downtown Branch as published in the Waterloo Courier on March 16, 1981 be received and placed on file. Motion carried. 80122 - HOLD HEARING - This being the time and place of hearing, the Mayor called for written and oral objections, and there were none. Moved by Bowers, seconded by Penaluna, that "An Ordinance vacating a portion of an alley in Block No. Four (4), Original Plat on East Side of Waterloo", be received, placed on file and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 80123 - Moved by Penaluna, seconded by Wilharm, that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Dowie. Motion carried. 80124 - Moved by Wilharm, seconded by Bowers, that "An Ordinance vacating a portion of an alley in Block No. Four (4), ,Original Plat on East Side of Waterloo", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor, assigned No. 3130. 80125 - Moved by Getty, seconded by Roehr, that "Resolution authorizing the sale and convey- ance to the National Bank of Waterloo of a portion of an alley in Block No. Four (4) in the Original Plat of East Side of Waterloo", be adopted and City Attorney instructed to prepare deed. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-119. 80126 - Moved by Roehr, seconded by Burton, that proof of publication,of notice of public hearing on proposal to vacate an alley located between West Third Street and Home Park Boulevard, lying west of U.S. Highway 63, as published in the Waterloo Courier on March 6, 1981 be received and placed on file. Motion carried. 80127 - HOLD HEARING - This being the time and place of hearing, the Mayor called for written and oral objections, and there were none. Moved by Burton, seconded by Bowers, that "An Ordinance vacating an alley located be- tween West Third Street and Home Park Boulevard, lying west of U.S. Highway 63, Lewis Miller Small Farms", be received, placed on file and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 80128 - Moved by Burton, seconded by Bowers, that the rules requiring ordinances to be consid- ered and voted for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now March 23, 1981. - 3 80128 - (Continued) placed on its final adoption. Ayes: Six. Absent: Dowie. Motion carried. 80129 - Moved by Bowers, seconded by Burton, that "An Ordinance vacating an alley located be- tween West Third Street and Home Park Boulevard, lying west of U.S. Highway 63, Lewis Miller Small Farms", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor, assigned No. 3131. 80130 - Moved by Burton, seconded by Wilharm, that "Resolution authorizing the sale and con- veyance of the alley to Mr. William Heene and Mr. and Mrs. Alvin Spaulding located in Lewis Miller Small Farms", be adopted and City Attorney instructed to deliver deed. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor,,assigned No. 1981-120. ORAL PRESENTATIONS The Mayor called for oral presentations and there were none. PETITIONS FROM PUBLIC 80131 - Moved by Roehr, seconded by Wilharm, that request of Alvin and June Hanson for Council on its motion to rezone from "A-1" Agricultural District to "M-1" Light Industrial District approximately 17.5 acres of land generally located north of Ridgeway Avenue and southeast of U.S. Highway 63 together with Zoning Commission's recommendation for denial, be received, placed on file, and "Resolution setting date of hearing as April 20, 1981 at 7:00 P.M. in the City Hall Council Chambers", be adopted, and Clerk in- structed to publish notice accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-121. 80132 - Moved by Roehr, seconded by Burton, that request of Blaine Miller for Council on its motion to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District a parcel of land of approximately 4.85 acres located west of Kimball Avenue and south of Blaine Road together with the Zoning Commission's recommendation for ap- proval, be received, placed on file, and "Resolution setting date of hearing as April 13, 1981 at 7:00 P.M., in the City Hall Council Chambers", be adopted, and Clerk in- structed to publish notice accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-122. 80133 - Moved by Burton, seconded by Bowers, that request of the Waterloo Zoning Commission for Council on its motion to rezone from "S-1" Shopping Center to "R-2" One and Two Family Residence District a parcel of land of approximately 2.1 acres located north of Reber Avenue and west of Fletcher Avenue together with the Zoning Commission's recommendation for approval, be received, placed on file, and "Resolution setting date of hearing as April 20, 1981 at 7:00 P.M. in the City Hall Council Chamb rs", be adopted, and Clerk instructed to publish notice accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-123. 80134 - Don Temeyer, Plan and Program Director, stated that the instrument would require the City to replace the ground to its original state and that the City's policy has been only to reseed and not replace sod. Moved by Wilharm, seconded by Roehr, that communication from Harry Bookey, Attorney-in- fact with the Waterloo Housing Partners transmitting request for the City of Waterloo to enter into an addendum to an easement for property in Charles Addition to be received, placed on file and "Resolution authorizing the City of Waterloo to enter into an addendum to an easement for property in Charles Addition, City of Waterloo", be denied. Ayes: Six. Absent: Dowie. Motion carried. UNFINISHED BUSINESS 80135 - Moved by Roehr, seconded by Getty, that "Resolution determining to proceed with the issuance of Industrial Development Revenue Bonds, Series 1981 (Midwest Energy Agri Products, Inc. Project), in an aggregate principal amount not to exceed $3,350,OOQ of the City of Waterloo, Iowa, and authorizing execution of a Memorandum of Agreement", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-124. REPORTS 80136 - Moved by Roehr, seconded by Bowers, that communication from Quintin T. Parker, Sign and Traffic, making recommendation on the parking situation in the 900 Block of Sheerer Avenue referred to him under C.R. 80079 be received, placed on file, recommendation March 23, 1981. - 4 80136 - (Continued) approved and City Attorney instructed to submit an ordinance eliminating parking on the east side of the 900 Block of Sheerer and that parking be removed 50 feet south of the University access road in a southerly direction, on the west side of the 900 Block of Sheerer Avenue. Ayes: Six. Absent: Dowie. Motion carried. 89137 - Moved by Roehr, seconded by Burton, that communication from Quintin T. Parker, Sign and Traffic, making recommendation on prohibiting truck traffic on Oriole Avenue re- ferred to him under C.R. 80080 be received, placed on file, recommendation approved, and no change made in truck traffic on Oriole Avenue. Ayes: Six. Absent: Dowie. Motion carried. DOCUMENTS 80138 - Moved by Wilharm, seconded by Getty, that communication from Plan and Program Director transmitting a warranty deed for street right-of-way known as Alexandra Circle (South - town) from James W. and Marjorie M. Youngblut together with a declaration of covenants and petition and waivers for said street be received, placed on file and "Resolution accepting a warranty deed from James W. and Marjorie M. Youngblut for street right-of- way known as Alexandra Circle", be adopted and Clerk instructed to record same. Ayes; Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-125. 80139 - Moved by Burton, seconded by Wilharm, that the declaration of covenants and petitions and waivers from James W. and Marjorie M. Youngblut for Alexandra Circle, Southtown be received, placed on file and "Resolution accepting the declaration of covenants and petition and waivers from James W. and Marjorie M. Youngblut for Alexandra Circle lo- cated in Southtown subdivision", be adopted and Clerk instructed to record same. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-126. RESOLUTION TO BE ADOPTED 70140 - Don Temeyer, Plan and Program Director, stated that the alley had previously been va- cated; however, a resolution authorizing the preparation of a deed had not been adopted. Moved by Burton, seconded by Roehr, that "Resolution authorizing the sale and convey- ance of an alley located in Block No. Seventeen (17) in Hagerman Place to Ken -Jan, Inc.", be adopted and City Attorney instructed to prepare deed. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-127. 70141 - Moved by Bowers, seconded by Roehr, that communication from Mayor Leo P. Rooff recom- mending that the City of Waterloo proceed with the issuance of General Obligation Bonds in the amount of $4,270,000 for those projects listed in communication be received, placed on file, and "Resolution authorizing the City of Waterloo to proceed with the issuance of General Obligation Bonds in the amount of $4,270,000, directing the City Clerk to begin proceedings for the bond sale and employ the bonding attorneys of Ahlers, Cooney, Dorweiler, Haynie & Smith", be adopted. Ayes: Six. Absent: Dowie. Resolu- tion adopted and upon approval by Mayor, assigned No. 1981-128. 80142 - A Site Plan Screening Agreement -was presented by a representative of Mid -West Energy Agri -Product, Inc., and a withdrawal of objection from area residents against the re- zoning. Moved by Burton, seconded by Bowers, that these agreements be received and placed on file. Motion carried. ORDINANCE TO BE ADOPTED 80143 - Moved by Bowers, seconded by Wilharm, that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 186, Rezoning Certain Property to Section 2A-5", be received, placed on file and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 80144 - Moved by Bowers, seconded by Burton, that "An Ordinance amending the Code of Ordinances of the City of Waterloo by repealing Section 36-22, Vehicles Kept in Clean and Sanitary Condition, of Chapter 36, Vehicles for Hire, and enacting in lieu thereof a new Section 36-22, Vehicles Kept in Clean and Sanitary Condition, to Chapter 36, Vehicles for Hire", be received, placed on file and passed for the second time. Ayes: Six. Absent: Dowie. Motion carried. March 23, 1981. - 5 - 80145 - Moved by Bowers, seconded by Burton, that the rules requiring ordinances to be consid- ered and voted for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Dowie, Motion NOT carried. 80146 - Moved by Wilharm, seconded by Penaluna, that "An Ordinance of the City of Waterloo, Iowa, providing that the Code of Ordinances, City of Waterloo, Iowa, be amended by enacting a new chapter thereof entitled tax exemption, providing for a partial ex- emption from property taxation of actual value added to industrial real estate by new construction of industrial real estate and acquisition of or improvement to machinery and equipment assessed as real estate", be received, placed on file and passed for the third time. Ayes: Six. Absent: Dowie. Motion carried. BILLS - PAYMENT 80147 - Moved by Wilharm, seconded by Penaluna, that "Bill, Resolution, "Schedule A", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-129. 80148 - Moved by Wilharm, seconded by Roehr, that "Resolution authorizing the payment of the following statement for work completed by contractors and amount indicated together with recommendation for approval: Sewer System Evaluation Survey, Brice, Petrides and Associates, Inc. - $26,200.44 be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-130. NEW BUSINESS 80149 - Moved by Roehr, seconded by Bowers, that the City Engineer be instructed to prepare specifications, form of contract, estimate of cost, etc., for F.Y. 1981 Sidewalk Re- pair Program, Contract No. 221. Motion carried. 80150 - Moved by Bowers, seconded by Getty, that the specifications, form of contract, estimate of cost, etc., for F.Y. 1981 Sidewalk Repair Program, Contract No. 221, be received, placed on file and "Resolution preliminarily approving specifications, form of contract, estimate of cost, etc., for F.Y. 1981 Sidewalk Repair Program, Contract No. 221", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-131. 80151 - Moved by Getty, seconded by Bowers, that "Resolution instructing Clerk to publish the notice of public hearing on specifications, etc., for F.Y. 1981 Sidewalk Repair Program, Contract No. 221, and taking of bids for the improvement, with date set as April 13, 1981 at 7:00 P.M. in the City Hall Council Chambers", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-132. 80152 - Moved by Wilharm, seconded by Roehr, that proposed plans and specifications for F.Y. 1981 Rachael Street Storm Sewer, Contract No. 212 as prepared by Robinson Engineering Company be received, placed on file and "Resolution preliminarily approving specifi- cations, form of contract, estimate of cost, etc., for F.Y. 1981 Rachael Street Storm Sewer, Contract No. 212 and setting date of hearing and receipt of bids as April 13, 1981 at 7:00 P.M. in the City Hall Council Chambers", be adopted and Clerk instructed to publish notice accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-133. 80153 - Moved by Roehr, seconded by Wilharm, that proposed plans and specifications for the F.Y. 1981 Columbus Area Storm Sewer, Contract No. 211 as prepared by Robinson Engineering Company be received, placed on file and "Resolution preliminarily approving specifications, form of contract, estimate of cost, etc., for F.Y. 1981 Columbus Area Storm Sewer, Contract No. 211 and setting date of hearing and receipt of bids as April 13, 1981 at 7:00 P.M. in the City Hall Council Chambers", be adopted and Clerk instructed to publish notice accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-134. 80154 - Moved by Bowers, seconded by Getty, that communication from City Clerk transmitting the proceedings for the sale of $290,000 Street Improvement Bonds and $50,000 Sewer Improvement Bonds be received, placed on file and "Resolution directing the advertise- ment for the sale of special assessment bonds and date of meeting to receive and act upon bids for said bonds as April 20, 1981 at 7:00 P.M. in the City Hall Council Cham- bers", be adopted and instruct Clerk to publish notice accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-135. March 23, 1981. - 6 - 80155 - Moved by Roehr, seconded by Burton, that communication from Mayor Leo P. Rooff recom- mending appointment of Beverly Hinders Trost to the Operation Threshold Board be re- ceived, placed on file and approved. Motion carried. 80156 - Moved by Burton, seconded by Penaluna, that communication from Fire Chief recommending the appointment of the following persons to the Waterloo Fire Department effective March 24, 1981, be received, placed on file and approved: Reece S. Peterson Louis D. Ball Motion carried. 80157 - Moved by Getty, seconded by Wilharm, that the following requests for permission to attend functions with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Director of Health and Sanitation and three (3) Inspectors to attend the Iowa Environ- mental Health Association Spring Conference, Des Moines, Iowa, April 7 & 8, 1981 -- $100.00, plus use of city vehicle. City Clerk to attend 35th Annual IIMC Conference, Atlanta, Georgia, May 17 - 21, 1981, - - $1,080.00 Plan and Program Director and two (2) Commissioners to attend the American Planning Association National Planning Conference, Boston, Massachusetts, April 25 - 29, 1981 - - $1,016.00 each Ayes: Six. Absent: Dowie. Motion carried. MISCELLANEOUS 80158 - Moved by Bowers, seconded by Getty, that following applications for Beer & Liquor Licenses be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer and Liquor Permit License Applications Class A The Sunnyside Country Club, 1600 Olympic Drive Class C The Exchange dba T & I Good Food, Ltd., 916 West 5th Street Edward Charles Dolan dba Porky's Red Carpet Club, Inc., 1449 Newell Street Wanda A. Abbe dba The Colony Club, 612 Maynard D.E.P. Pub LTD dba Dorothy's Downtown Lounge, 504 Sycamore Street Beer Permit License Applications Class C Robert Van Fleet dba Gates Park Pro Shop, 820 Donald Street - 6 month Robert Van Fleet dba Byrnes Park Pro Shop, 1000 Fletcher - 6 month Robert Van Fleet dba South Hills Pro Shop, 1830 East Shaulis Road - 6 month Dubuque Capital Company dba Long John Silver's , 2320 University Avenue Richard J. Clute dba Clute's Highland Market, Inc., 909 Independence Avenue Sunday Sales - Beer & Liquor Permit License Applications Class A The Sunnyside Country Club, 1600 Olympic Drive Class C The Exchange dba T & I Good Food, Ltd., 916 West 5th Street Edward Charles Dolan dba Porky's Red Carpet Club Inc., 1449 Newell Street Wanda A. Abbe dba The Colony Club, 612 Maynard Sunday Sales - Beer Permit License Applications Class C Robert Van Fleet dba Gates Park Pro Shop, 820 Donald Street - 6 month Robert Van Fleet dba Byrnes Park Pro Shop, 1000_Fletcher Avenue - 6 month Robert Van Fleet dba South Hills Pro Shop, 1830 East Shaulis Road - 6 month Dubuque Capital Company dba Long John Silver's, 2320 University Avenue Richard J. Clute dba Clute's Highland Market, Inc., 909 Independence Avenue Motion carried. 80159 - Moved by Roehr, seconded by Wilharm, that one (1) Cigarette License Permit, be received, placed on file, and granted. Motion carried. March 23, 1981. - 7 - 80160 - Moved by Burton, seconded by Getty, that the following application for pawnbroker license be received, placed on file and granted: Josephine J. Shaver, 1217 Washington dba Jo's Pawn and Collectables Motion carried. BONDS 80161 - Moved by Wilharm, seconded by Bowers, that report of City Attorney and list of bonds filed with Clerk through March 23, 1981, be received, placed on file and report and bonds approved. Motion carried. BOARD OF HEALTH 80162 - Moved by Burton, seconded by Roehr, that the Council adjourn to meet as Board of Health. Larry P. Burger, City Clerk. The Council of City of Waterloo, Iowa, met as the Board of Health in Council Chambers in the City Hall at 8:45 P.M., on March 23, 1981. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Getty, Penaluna, Roehr, Wilharm. Absent: Dowie. Bill Hoffman, Director of Health and Sanitation, stated that all larva spraying is complete. Moved by Bowers, seconded by Getty, that the Board of Health adjourn. Motion carried. Larry P. Burger City Clerk. March 23, 1981.