Loading...
HomeMy WebLinkAbout02/16/81The Council of the City of Waterloo, Iowa, met City Hall at 7:00 P.M., on February 16, 1981. Bowers, Burton, Dowie, Getty, Penaluna, Roehr, man Bowers. February 16, 1981 in Regular Session in Council Chambers in the Mayor Rooff in the Chair. On roll call: Present: Wilharm. Absent: None. Invocation by Council - 79937 - Moved by Roehr, seconded by Wilharm, that the Agenda, as proposed, for the Regular Ses- sion of February 16, 1981 at 7:00 P.M., be accepted and approved. Motion carried. 79938 - Moved by Burton, seconded by Bowers, that the minutes of the Regular Session held Feb- ruary 9, 1981 at 7:00 P.M. be approved. Motion carried. HEARINGS 79939 - Moved by Roehr, seconded by Dowie, that proof of publication of Notice of Public Hear- ing to Rezone Property located north of Howard Avenue and west of U.S. Highway 218 as published in the Waterloo Courier on January 30, 1981, be received and placed on file. Motion carried. 79940 - Moved by Bowers, seconded by Dowie, that the petition signed by 64% of the area resi- dents against the rezoning, and letter of opposition from Charles Mattson, Attorney re- presenting residents, be received and placed on file. Motion carried. 79941 - Jerry Jensen, representing Cedar Falls Oil Co., spoke in support of the rezoning. He stated that the Holiday Station presently located at the corner of Mitchell Avenue and U.S. Highway 218 would be bought out for use by the Inter -City Freeway and that they were seeking this site in order to remain in the same area. He presented a site plan which indicated two (2) curb cuts on Howard Avenue and one (1) on U.S. Highway 218. He stated that a formal application for a curb cut on U.S. Highway 218 had been made to the City Engineer's Office but a decision had not been made on the request. Accordingly to Mr. Jensen, the curb cut on U.S. Highway 218 is necessary for the business operation. Chuck Mattson, Attorney representing area residents, stated that the neighbors opposed the use of the site for commercial purposes mainly because of the increased traffic that would be generated. In addition, he asked that the curb cut not be approved. He stated that the property owners in the area have continued to make substantial investments in the neighborhood and contributed to the tax base of the City. The placement of a com- mercial business in the area would adversely affect the property values in the area. Councilman Roehr asked what the projected traffic volumes would be on U.S. Highway 218 after construction of the freeway. It was indicated that thru traffic would be expected to use the freeway, while local users would continue to use U.S. Highway 278. Larry Reisinger, 1935 Howard Avenue, spoke against the rezoning. He asked that an.over- lay prepared by the Plan and Program Office be shown which indicated the increase in traffic accidents between the years of 1979 and 1980 on various intersections on U.S. Highway 218 between Mitchell Avenue and Ridgeway Avenue. He speculated that the number of accidents at the intersection of Howard Avenue and U.S. Highway 218 would increase if the proposed use were allowed to locate on the site. Sam Beatty, Attorney for the estate of the property in question, spoke in favor of the rezoning and stated that the selling price of the property indicated that it should be used for commercial purposes. Mary Reisinger, 1935 Howard Avenue spoke against the rezoning, particularly because of the increased traffic that could be expected. Jerry Jensen stated all three (3) curb cuts are necessary for operation of the business. Don Temeyer, Plan and Program Director, stated that the City Engineer had indicated in a letter to the Commission that he would deny the request for a curb cut on U.S. Highway 218. Moved by Burton, seconded by Roehr, that all of the above oral comments be received and placed on file. Motion carried. 79942 —Moved by Burton, seconded by Bowers, 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: Bowers, Burton. Nays: Dowie, Getty, Pena- luna, Roehr, Wilharm. Motion NOT carried. - 2 - 79943 - Moved by Roehr, seconded by Penaluna, that "An Ordinance amending No. 2479, as amended , by adding Subsection No. 186, Rezoning Certain Property to Section 2A-5", be received, placed on file and passed for the first time. Ayes: Dowie, Getty, Penaluna, Roehr, Wilharm. Nays: Bowers, 3urton. There was discussion as to whether a three fourths vote was needed to over ride the re- commendation of denial of the Zoning Commission. This matter was referred to the City Attorney for his imput. 79944 - Moved by Burton, seconded by Getty, that communication from Sign and Traffic Maintenance Department, transmitting the following sealed informal bid for purchase of fast dry traffic paint and thinner for use by said Department, be received, placed on file and Clerk instructed to open and read same: BIDDER White Paint Yellow Paint Thinner Per Gal. Per Gal. Per Gal. Vogel Paint and Wax Co., Inc. $5.64 $5.75 $2.55 (600 gal) (750 gal) (200 gal) Motion carried. 79945 - Moved by Roehr, seconded by Bowers, that the bid of Vogel Paint and Wax Co. Inc., of Orange City be received, placed on file, and "Resolution awarding bid for fast dry traffic paint and thinner for use by the Sign and Traffic Department as stated on bid form to Vogel Paint and Wax Company, Inc.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-67. ORAL PRESENTATIONS 79946 - Councilman Burton asked that the City Engineer be asked to research a petition requesting sidewalks for the 3100 block of Hammond Avenue. Moved by Burton, seconded by Dowie, that the above matter be referred to the City Engineer. Motion carried. 79947 - Councilman Wilharm questioned if the Chamber of Commerce was responsible for snow removal within the lots and sidewalks for the Elderly Housing Project on West Ridgeway Avenue. Moved by Wilharm, seconded by Bowers, that the issue of snow removal be researched by the staff. Motion carried. REPORTS 79948 - Moved by Bowers, seconded by Dowie, that Financial Report of Water Works for year ending December 31, 1980, be received, placed on file and approved. Motion carried. DOCUMENTS 79949 - Moved by Dowie, seconded by Burton, that communicatign from Plan and Program Commission transmitting permanent easement agreements with Richard A. Young and Waterloo Community Schools in connection with the F.Y. 1981 Rachel Street Storm Sewer, Contract No. 212, be received and placed on file and "Resolution authorizing the execution of permanent ease- ment agreements in connection with F.Y. 1981 Rachel Street Storm Sewer, Contract No. 212 with Richard A. Young and Waterloo Community School District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-68. NEW BUSINESS 79950 - Bob Dieter, Attorney for Mid -West Energy Agri Products, Inc., stated that even though the Zoning Commission had recommended denial for rezoning of the proposed site that pro- blems with the residents would be compromised and the project would move ahead. Moved by Bowers, seconded by Burton, that "Resolution fixing date of hearing on proposed qualified Industrial Development Revenue Bonds, Series 1981 (Midwest Energy Agri Products, Inc.) as March 16, 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. 1981-69. 79951 - Moved by Dowie, seconded by Roehr, that proposed ordinance allowing property tax exemption for industrial property be received, placed on file and "Resolution setting date of hear- ing as March 9, 1981 at 7:00 P.M. in the City Hall Council Chambers", be adopted and in- struct Clerk to publish notice of hearing. Ayes: Seven. jtvolution adopted and upon approval by Mayor, assigne'11o. 1981-70. February 16, 1981 - 3 - 79952 - Reed Craft, Water Works Manager, stated that the property owners had been informed of the method of payment that this action would allow. Moved by Bowers, seconded by Dowie, that communication from Waterloo Water Works Board transmitting their Resolution adopted February 4, 1981, Re:Stop Flow of water and pre- vent further damage at 1012 Conger Street, together with statement of cost in the amount of $454.18 and waiver from Arthur J. Perry and Peggy S. Perry, owners in compliance with City Ordinance No. 1118, be received, placed on file and "Resolution making assessment for stoppage of flow of water and prevention of further damage at 1012 Conger Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-71. 79953 - Moved by Roehr, seconded by Dowie, that communication from C. W. Parsons, Building Official recommending appointment of the following people to the Board of Appeals, be received, placed on file and approved: Robert Mason, Attorney, term expiration, February 1, 1984 Edward Wilson, Landlord, term expiration, February 1, 1984 John Mclntee, Home Builder, term expiration, February 1, 1984 Walter Wilson, Tenant Representative, term expiration, February 1, 1983 Ray Mayes, Member at Large, term expiration, February 1, 1983 Motion carried. 79954 - 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: Two Detective Sergeants to attend Drug Enforcement Administration Defensive Measures School, Cedar Rapids, Iowa, February 24-26, 1981 -- $221.88 Total Cost -- $45.49 -- City Share. Councilman to attend 1981 Congressional -City Conference, National League of Cities, Washington, D.C., February 27 - March 4, 1981 -- $1,095.00. Ayes: Seven. Motion carried. MISCELLANEOUS 79955 - Moved by Wilharm, seconded by Getty, that following application for Beer & Liquor License be received, placed on file, approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department: Beer & Liquor Permit License Application Class C Security House, Inc. of Amalgamated Local 838, UAW, 515 Rainbow Drive, Motion carried. 79956 - Moved by Roehr, seconded by Bowers, that one (1) new Cigarette License Permit, be re- ceived, placed on file and granted. Motion carried. BONDS 79957 - Moved by Dowie, seconded by Burton, that report of City Attorney and list of bonds filed with Clerk through February 16, 1981, be received, placed on file and report and bonds approved. Motion carried. The Mayor announced that three (3) representatives of Junior League were present at the meeting. He welcomed them and invited them to return again. Discussion was brought to the floor concerning C.R.#79943 (rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District for Cedar Falls Oil Co.). Asst. City Attorney Kennedy stated that a three fourths vote of the Council was needed on each reading of the proposed ordinance including the adoption of the ordinance, in order that the denial of the Zoning Commission could be over ruled. Penaluna then stated that due to the fact that the, ordinance must be brought on the floor for discussion and vote by someone from the prevailing side of the Council and that the possibility of the Cedar Falls Oil Co. and the residents in the area reaching a compromise he would then like to change his vote on the first reading of the Ordinance to rezone the property from "Yea" to "Nay". February 16, 1981 - 4 79957 - Continued Attorney Kennedy will research and report back to the Council on whether three fourths vote is needed on the three readings of an Ordinance to override petition signed by a majority of residents in the area and the recommendation of denial of the Zoning Com- mission and whether Councilman Penaluna can change his vote on an issue before the end of the meeting in which the issue was discussed. Dowie stated that he would then like to reserve his vote on the rezoning issue C.R. #79943 until such time as Attorney Kennedy has reported back to the Council. The Mayor then declared the first reading of the ordinance change, C.R. #79943 adopted on a four ayes, three nays vote. 79958 - Moved by Roehr, seconded by Bowers, that the Council adjourn. Larry P. Burger City Clerk February 16, 1981