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HomeMy WebLinkAbout03/16/81s March 16, 1981 The Council of the City of Waterloo, Iowa, met in Regular Session in Council Chambers in the City Hall at 7:00 P.M., on March 16, 1981. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm. Absent: None. Invocation by Council- man Bowers. 80066 - Moved by Roehr, seconded by Dowie, that the Agenda, as amended, for the Regular Session of March 16, 1981, at 7:00, be accepted and approved. Motion carried. 80067 - Moved by Burton, seconded by Wilharm, that the minutes of the Regular Session held March 9, 1981 and Special Meeting held on March 3, 1981, be approved. Motion carried. HEARINGS 80068 - Moved by Dowie, seconded by Burton, that Proof of Publication of Notice of Intention to Issue Industrial Development Revenue Bonds (Midwest Energy Agri -Products, Inc. Project) not to exceed $3,350,000 in the City of Waterloo, Iowa, as published in the Waterloo Courier on February 20, 1981, be received and placed on file. Motion carried. 80069 - HOLD HEARING - This being the time and place of hearing, the Mayor called for written and oral objections. The Clerk reported no written objections on file. Sue White stated that she did not object to the proposed project, but did oppose to the financial envolvement of Jack Beck. Her past dealings with him had not been pleasant. Robert Dieter, Attorney, representing Mid -West Energy Agri -Products, Inc., stated that the names of Roy Avis and Jack Beck be deleted from the list of Board of Directors. Moved by Wilharm, seconded by Burton, that the above oral presentations be received and placed on file. Motion carried. 80070 - Robert Dieter asked that the Council act on the resolution to proceed with the issuance of bonds even though a site had not definitely been determined. Councilman Dowie asked if area residents had been given time since the public hearing at the Zoning Commission to respond to their original concerns. Mr. Dieter said he had not met with them. Mr. Dieter introduced persons present who are associated with the project. He stated that this plant would be similar to the one in Clay County, Nebraska. It would employ 14 persons, produce 200 gallon per hour, and utilize corn from local growers. Councilman Dowie requested a list of stockholders. The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $3,350,000 agcfreaate principal amount of the City's Industrial Development Revenue Bonds (Midwest Energy Agri -Products, Inc., Project), pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of lending the proceeds thereof to Midwest Energy Agri -Products, Inc., to finance the cost, to that amount, of constructing and equipping buildings and improvements to operate a 200 + gallon per hour Anhydrous Fuel Grade Alcohol Plant to be located in the City of Waterloo, Iowa. These bonds, when issued, will be limited obligations, and will not constitute general obligations of said City nor will they be payable in any manner by taxation, but said bonds will be payable solely and only out of the revenues to be derived by the City from payments to be made by said Company under a financing agreement between said City and said Company. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (Listed above) After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the bonds, Council Member Dowie proposed the following resolution and moved its adoption. Council Member Wilharm seconded the motion to delay for one week until such time as the zoning issue is more closely determined the following:"Resolution determining to proceed with the issuance and sale of not to exceed $3,350,000 in aggregate principal Industrial Development Re- venue Bonds (Midwest Energy Agri -Products, Inc., Project) of the City of Waterloo". Ayes: Six. Nay: Getty. Motion carried. 80071 - Moved by Roehr, seconded by Bowers, that proof of publication of Notice of Public Hear- ing to Rezone Property located south of U.S. Highway 63 and west of Randall Street as published in the Waterloo Courier on March 2, 1981, be received and placed on file. Motion carried. - 2 - 80072 - Moved by Burton, seconded by Wilharm, that the petition signed by 65% of the area re- sidents against the rezoning, be received and placed on file. Motion carried. 80073 - HOLD HEARING - This being the time and place of public hearing the Mayor called for written and oral objections. Debra Barnett, 546 West Wellington, expressed her opposition to the rezoning for the following reasons: 1) potential increase in crime, 2) additional parking problems, 3) the area is primarily single family and multiple dwellings may add to the problems of the vicinity. Moved by Burton, seconded by Bowers, that the above remarks be received and placed on file. Motion carried. 80074 - Don Temeyer, Plan and Program Director, stated the Zoning Commission had recommended denial due to the area now developed as single family; multiple family residences would not be suitable for the area. Moved by Wilharm, seconded by Burton, 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 denied. Ayes: Seven. Motion carried. 80075 - Moved by Roehr, seconded by Penaluna, that proof bf publication of Notice of Public Hearing to Rezone Property located east of Burton Avenue and one quarter of a mile south of West Airline Highway as published in the Waterloo Courier on March 2, 1981, be received and placed on file. Motion carried. 80076 - HOLD HEARING - This being the time and place of public hearing the Mayor called for written and oral objections - Robert Dieter, Attorney for Mid -West Energy Agr-Products, Inc., stated that they had deleted a portion of the area from the request to include Tracts E, F, & G. Councilman Getty asked what safeguards would be taken to prevent leakages. Robert Dieter stated that an earthen berm will be constructed, all fire ordinances and other applicable city ordinances would be closely adhered to. Don Temeyer, Plan and Program Director, stated that the neighborhood concerns were related to, increased noise, hazards of the plant, in general, and truck traffic on Burton Avenue. He reported that upon visiting a similar plant in Cresco he observed that the smell was not obtrusive and that the plant was generally a clean and safe operation. Don Sullivan, an area resident, asked if a written guarantee could be formulated against problems of noise, smell, traffic etc. Robert Dieter responded by inviting any resident to the Cresco facility for a tour. Ron Sawyer, 861 West Airline Highway stated that this operation should be located in the country. The resident living at 843 West Airline Highway also stated the operation should be outside the corporate limits. • Moved by Dowie, seconded by Penaluna, 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: Bowers, Dowie, Penaluna, Roehr. Nays: Burton, Getty, Wilharm. Motion NOT carried. 80077 - Moved by Burton, seconded by Getty, that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -section No. 186, Rezoning Certain Property to Section 2A-5", be reconsidered. Ayes: Seven. Motion carried. 80078 - Moved by Burton, seconded by Getty, that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -section No. 186, Rezoning Certain Property to Section 2A-5", be tabled for one week,with first reading on March 23, 1981. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 80079 - Councilman Roehr asked that parking in the 900 Block of Sheerer Avenue be reviewed, near The Pocket. Moved by Roehr, seconded by Wilharm, to refer this matter to Quintin Parker, Sign and Traffic, for a report 1-040s. Motion carried. March_ 1F,_ 19R1 3 - 80080 - Councilman Roehr, stated that residents have requested that truck traffic be eliminated from Oriole Avenue. Moved by Roehr, seconded by Wilharm, that this matter be referred to Quintin Parker, Sign and Traffic for a report back. Motion carried. PETITIONS FROM PUBLIC 80081 - Moved by Wilharm, seconded by Roehr, that request of Urban Enterprises, Roosevelt Roby, 201 Lincoln, for sale of Disposal Parcel No. 41, 1021 East 4th Street, Urban Renewal Area, Project No. Iowa R-2, in the amount of $4,200.00 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 on above sale to Urban Enterprises, Roosevelt Roby", be adopted and instruct Clerk to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-104. 80082 Moved by Bowers, seconded by Burton, that request of MPH Development Company, Inc., Box 125, Winthrop, Iowa, for sale of Disposal Parcel No. 42 b -c, 300 Iowa Street, Pro- ject No. Iowa R-2 in the amount of $18,987.50, be received, placed on file and Reso- lution setting date of hearing as April 13, 1981 at 7:00 P.M. in the City Hall Council Chambers on above sale to MPH Development Company, Inc.", be adopted and instruct Clerk to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-105. 80083 - Moved by Burton, seconded by Bowers, that request of Carl E. Herold, 810 Riverside Drive, for sale of Disposal Parcel No. C-4, 312 Maplewood, Project No. Iowa R-7 in the amount of $400.00 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 on above sale to Carl E. Herold", be adopted and instruct Clerk to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-106. UNFINISHED BUSINESS 80084 - Moved by Wilharm, seconded by Dowie, that communication from City Engineer making re- commendation on the award of F.Y. 1981 - 18th Street Bridge Painting and Repairs, Contract No. 220, to Taylor-Isenhower, Inc., in the amount of $182,184.25 be received, placed on file, and "Resolution awarding F.Y. 1981 - 18th Street Bridge Painting and Repairs, Contract No. 220 to Taylor-Isenhower, Inc. in the amount of $182,184.25 , be adopted and instruct Clerk to return unsuccessful bids. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-107. 80085 - Moved by Wilharm, seconded by Bowers, that reconsideration of the closing of the llth Street Bridge be brought to the floor for discussion, and "Resolution authorizing the closing of the llth Street Bridge for a two week period", be adopted with repair scheduled tentatively between April 6 and May 22, 1981 for Flood Control work. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-108. 80086 - Larry Reisinger, 1935 Howard Avenue, stated that the residents were not opposed to re- zoning to a "R-3" or "R-4" Multiple Family Residence District but to commercial uses allowed in a "C-1" Commercial District. Jerry Jensen, a representative for Cedar Falls Oil Company, stated that they had made changes in their site plan. Discussion followed as to whether the matter could be reconsidered by the Council on its own motion. Assistant City Attorney Kennedy indicated that the Council should specify why a new hearing is being scheduled to discuss the original request of Cedar Falls Oil Company, so that the notice could so state these reasons. Moved by Penaluna, seconded by Wilharm, that the request of Cedar Falls Oil Company to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District a parcel of land generally located at the intersection of Howard Avenue and U.S. Highway 218 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 instruct Clerk to publish notice of hearing; Ayes: Dowie, Getty, Penaluna, Roehr, Wilharm. Nays: Bowers, Burton. Resolution adopted and upon approval by Mayor, assigned No. 1981-109. 80087 - The Mayor stated that he favored the Black Hawk County ordinance relating to mobile homes which allows placement of mobile homes on 35 acre tracts and when the occupant's prime duty is agricultural -related. Moved by Burton, seconded by Roehr, that report from Plan and Program Director making recommendation on placement of a mobile home on property generally located near Kimball Avenue and Blaine Road referred to under C.R.#80030 be received, placed on file, and March 16, 1981 80087 - (Continued) "Resolution authorizing a six month permit to allow a mobile home on the site described above", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-110. 80088 - Moved by Roehr, seconded by Burton, the City's Mobile Home Ordinance be reviewed and rewritten to allow mobile homes on agricultural properties. Motion carried. REPORTS 80089 - Moved by Penaluna, seconded by Roehr, that communication from City Engineer requesting that the cut off date of acceptance of oiling petitions for the Fiscal Year 1982 Oiling Program be established as May 1, 1981, with work to begin after July 1, 1981, be re- ceived, placed on file and approved. Motion carried. 80090 - Moved by Roehr, seconded by Bowers, that the minutes of the Community Development Board Meeting held on February 18, 1981, be received, placed on file. Motion carried. DOCUMENTS 80091 - Moved by Bowers, seconded by Dowie, that communication from Plan and Program Commission transmitting permanent easements from the following property owners in connection with the construction and maintenance of a storm sewer in the area of St. Francis Hospital and Columbus Drive be received, placed on file, approved and instruct Clerk to record same: Santell, Inc., 1237 Ravenwood Road; Santell, Inc., 1243 Ravenwood Road;ASt. Francis Hospital - Black Hawk County Mental Health Center, 3411 West Ninth Street; Columbus High School, 3231 West Ninth; Jean Hein, 1257 Ravenwood Road, Vernon H. Plager, 1229 Ravenwood Road. Motion carried. RESOLUTIONS TO BE ADOPTED 80092 - Moved by Dowie, seconded by Roehr, that "Resolution fixing date of hearing on proposed Industrial Revenue Bonds, not to exceed $875,000.00, Series 1981 (Crystal Ice and Cold Storage, Inc.) 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: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-111. 80093 - In discussing the adoption of this resolution there was some confusion as to what this action would entail. Moved by Burton, seconded by Dowie, that communication from executive director of Waterloo Housing Authority transmitting a proposed financing agreement be received, placed on file, and "Resolution authorizing the execution of a financing agreement for the purpose of reducing the cost of marketing short term project notes for Ridgeway Towers, IA -50-3", be delayed until April 6, 1981. Motion carried. ORDINANCES TO BE ADOPTED 80094 - Moved by Bowers, seconded by Getty, 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 first time. Ayes: Bowers, Burton, Dowie, Getty, Penaluna, Roehr. Nay: Wilharm. Motion carried. 80095 - Moved by Dowie, 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 exemption 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 second time. Ayes: Seven. Motion carried. NEW BUSINESS 80096 - Moved by Roehr, seconded by Dowie, that communication from City Clerk transmitting the plans and specifications for an emergency generator system for City Hall be received, placed on file, and "Resolution setting date of public hearing as April 6, 1981 at 7:00 P.M. in the City Hall Council Chambers and taking of bids for the improvement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-112. ,144•c • March 16, 1981 - 5 - 80097 - Moved by Getty, seconded by Burton, that action on the F.Y. 1981 Sidewalk Repair Pro- gram, Contract No. 221, be delayed for one week with lists of the sidewalks contained within the program to be distributed to the Council. Ayes: Seven. Motion carried. 80098 - Moved by Roehr, seconded by Dowie, that the City Engineer be instructed and authorized to prepare the plans and specifications, form of contract and bond, form of proposal, estimate of cost, etc., for F.Y. 1981 Paving Program, Contract No. 213. Motion carried. 80099 - Moved by Bowers, seconded by Dowie, that "Preliminary resolution for the construction of street improvements in the City of Waterloo, Iowa, (F.Y. 1981 Paving Program, Con- tract No. 213)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-113. 80100 - Moved by Bowers, seconded by Burton, that "Resolution fixing values of lots for F.Y. 1981 Paving Program, Contract No. 213", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-114. 80101 - Moved by Dowie, seconded by Bowers, that the City Engineer's preliminary plans, specifi- cations, estimate of cost, plats and schedule of assessments, etc., for the construction of F.Y. 1981 Paving Program, Contract No. 213, be received and placed on file. Motion carried. 80102 - Moved by Getty, seconded by Wilharm, that "Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications for the construction of the "F.Y. 1981 Paving Program, Contract No. 213", be adopted. Ayes: Seven. Reso- lution adopted and upon approval by Mayor, assigned No. 1981-115. 80103 - Moved by Roehr, seconded by Bowers, that "(Proposed) Resolution of Necessity for F.Y. 1981 Paving Program, Contract No. 213", be adopted and date of hearing set as April 6, 1981 at 7:00 P. M. in the Council Chambers in City Hall. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-116. 80104 - Moved by Bowers, seconded by Getty, that communication from Mayor Leo P. Rooff, recom- mending reappointment of Edward S. Barr to the Community Development Board with term to expire on March 1, 1986, be received, placed on file and approved. Motion carried. 80105 - Moved by Roehr, seconded by Dowie, that communication from Water Pollution Control re- porting retirement of Max Warner effective March 19, 1981 and entitlement of 960 hours of sick leave be received, placed on file and "Resolution approving payment of $6,220.80 sick pay to Max Warner, Water Pollution Control", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-117. 80106 - Moved by Burton, seconded by Bowers, that communication from Sign and Traffic Department reporting retirement of Quintin T. Parker effective April 2, 1981 and entitlement of 250 hours of vacation pay and 960 hours of sick leave be received, placed on file and "Resolution approving payment of $9,982.50 sick and vacation pay to Quintin T. Parker, Sign and Traffic Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-118. 80107 - Curt Parson, Building Official, explained that the Associate Planner and his Administrat- ive Assistant will travel to Madison in the same car. Moved by Burton, seconded by Bowers, that the following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Associate Planner to attend Effective Zoning Administration Techniques Seminar, Madison, Wisconsin, May 7-8, 1981 -- $180.00, plus use of city vehicle. Administrative Assistant to Building Official to attend Effective Zoning Administration Techniques Seminar, Madison, Wisconsin, May 7-8, 1981 -- not to exceed $210.00, plus use of city vehicle. Personnel Director to attend Iowa League of Municipalities, Des Moines, Iowa - March 27, 1981 -- $61.00. Ayes: Seven. Motion carried. MISCELLANEOUS March 16, 1981. - 6 - 80108 - The Mayor relayed his anger with this offense and that if another such incident occurred he would initiate action to put all three businesses out of business. John Woods asked the Council's mercy in allowing his business to continue to operate. Moved by Bowers, seconded by Burton, that communication from Chief of Police recom- mending that the Class "C" Beer Permit and Class "C" Sunday Beer Permit to James A. Woods, dba West Side Grocery, 508 West 4th Street, Waterloo be suspended for a period of fourteen (14) days as set out in Chapter 123.50, subsection 3, of the 1979 Code of Iowa, Sale of Alcoholic Beverage to Minors be received, placed on file and license suspended for fourteen (14) days. Ayes: Seven. Motion carried. 80109 - Moved by Bowers, seconded by Roehr, that the following applications for Beer and Liquor Lienses be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer and Liquor Permit License Application Class C Lindbergh Whitis dba Club Rendezvous, 829 East 4th Street Richard Tournier dba Waterloo Bowl Inn, 120 Jefferson Street Beer Permit License Applications Class C Handy Markets, Corp. dba Handy Market, 3535 Marigold Street and Highway 218 Sunday Sales - Beer Permit License Applications Class C Richard Tournier dba Waterloo Bowl Inn, 120 Jefferson Street Handy Markets, Corp. dba Handy Market, 3535 Marigold Street and Highway 218 Motion carried. 80110 - Moved by Roehr, seconded by Dowie, that the following application for Taxicab Driver, be received, placed on file and approved: Ricky Lee Grandon, 832 Logan #3, Waterloo Motion carried. 80111 - Moved by Burton, seconded by Dowie, that the following applications for Ambulance Attendant, be received, placed on file and approved: Terrell C. Phillips, 1115 Doreen, Waterloo Jacquelyn Tilley, 1705 Kimball Avenue, Waterloo Motion carried. 80112 - Moved by Roehr, seconded by Bowers, that two (2) new Cigarette License Permits be received, placed on file and granted. Motion carried. BONDS 80113 - Moved by Burton, seconded by Penaluna, that report of City Attorney and list of bonds filed with Clerk through March 16, 1981, be received, placed on file and report and bonds approved. Motion carried. 80114 - Moved by Dowie, seconded by Bowers, that the Council adjourn. Larry P. Burger City Clerk. March 16, 1981.