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HomeMy WebLinkAbout07/21/80July 21, 1980 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 July 21, 1980. Mayor Rooff in the Chair. On roll call: Present: Wilharm, Roehr, Penaluna, Getty, Burton, Bowers. Absent: Dowie. Invocation by Councilman Wilharm. 78818 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, f7-�t. Regular Session of July 21, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 78819 - Moved by Burton, seconded by Bowers that the minutes of the Regular Sess- ion held July 14, 1980, at 7:00 P.M. be approved. Motion carried. 78820 - Moved by Roehr, seconded by Penaluna that proof of publication of notice of public hearing on proposal to rezone approximately 20 acres of land generally located north of Shaulis Road between U.S. Highway 218 and Cedar Terrace Drive from "A-1" Agricultural District to "C-2" Commercial District as published in the Waterloo Courier on June 27 and July 14, 1980, be received and placed on file. Motion carried. 78821 - Hold Hearing - This being the time and place for hearing Mayor called for written and oral objections. The City Clerk reported that a petition signed by 76% of the people in the area against the request is on file in the City Clerk's Office, Moved by Wilharm, seconded by Bowers that the above petition signed by residents against the request be received and placed on file. Motion carried. 78822 - Jon Fister, Attorney for Youngblut Construction, stated that the original request of "M-1" Light Industrial District had been amended to "C-2" Com- mercial District. He supported the request and asked for the Council's support. Harry Zanville, Attorney for the residents of Cedar Terrace, stated that after discussion with the developers and residents,a compromise had been reached. The following points were agreed upon: 1) no development would occur within the 30' railroad right-of-way along the easterly edge of the proposed rezoning area; 2) berms (31 to 41 feet high) are to be construct- ed; 3) the City Engineer will be consulted throughout the building plan approval process; and 4) storm water retention will be given careful con- sideration. These compromises will be incorporated into the deed of de- dication at the time the area is platted. With both parties agreeing to this compromise, Mr. Zanville stated the residents were willing to with- draw their petition of remonstrance. Moved by Burton, seconded by Bowers that the petition signed by 76% of the residents within 250' of the request opposing the zoning be with- drawn. Motion carried. 78823 - Moved by Wilharm, seconded by Penaluna that "An Ordinance amending Ord- inance No. 2479, as amended, by adding Sub -Section No. 176, to Section 2A-5, Rezoning Certain Property", be received, placed on file, and pass- ed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 78824 - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing on proposal to rezone approximately two (2) acres of land located West of U.S. Highway 218 and East of Cedar Knoll Mobile Home Park from "R-4" Multiple Family Residence District to "C-1" Commercial District as published in the Waterloo Courier on June 27 and July 15, 1980 be received and placed on file. Motion carried. 78825 - Hold Hearing - This being the time and place for hearing Mayor called for written and oral objections and there were none. Moved by Penaluna, seconded by Wilharm that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 177, to Section 2A-5'', Rezoning Certain Property", be received, placed on file, and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 78826 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing on site plan for Cedar Hills generally located southwester- ly of U.S. Highway 218 and north of East Orange Road as published in the Waterloo Courier on June 27, 1980 and July 14, 1980 be received and placed on file. Motion carried. 78827 - Hold Hearing - This being the time and place for hearing the Mayor called for oral and written objections and there were none. Moved by Burton, seconded by Wilharm that "Resolution approving site plan for Cedar Hills generally located southwesterly of U.S. Highway 218 and north of East Orange Road", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 27113. 78828 - Moved by Burton, seconded by Bowers that proof of publication of notice of public hearing on the request of J. L. Rooff Demolition Company for a special permit for a Junk Yard Application for an area generally lo- cated northeasterly of the intersection of Lowell Avenue and Mitchell Avenue as published in the Waterloo Courier of June 27 and July 14, 1980 be received and placed on file. Motion carried. 78829 - 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 Bowers, seconded by Burton that "Resolution approving a special permit for a Junk Yard Application requested by J.L. Rooff Demolition Company for an area generally located northeast of the intersection of Lowell Avenue and Mitchell Avenue", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No.27114. 78830 - Moved by Roehr, seconded by Bowers that proof of publication and notice of public hearing on proposal to sell a parcel of land in Virdens Addit- ion known as Parcel No. I-33 to Crystal Ice and Cold Storage as published in the Waterloo Courier on June 20, 1980, be received and placed on file. Motion carried. 78831 - Hold Hearing - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Moved by Wilharm, seconded by Burton that "Resolution approving the sale of Disposal Parcel No. I-33 in the Westfield Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 27115. 78832 - Norm Stahl, 722 Dearborn, spoke about progress made to date on clean-up work along Blowers Creek. He stated that brush and trees block the flow of water. Mrs. Martin, manager of Eastgate Mobile Home Park, has given her verbal permission for the City to enter upon her property to perform clean-up work. Councilman Bowers requested that this permission be in written form. Moved by Bowers, seconded by Burton that the above remarks of Norm Stahl be received, placed on file and referred to the City Engineer. Motion carried. 78833 - Helen Harris, 318 Linden Avenue, reported on the events that have occurr- ed in her attempts to receive finandial help through the Emergency Repairs section of Community Development Block Grant funding for the rewiring of her home. After a first inspection, it was determined that a safety hazard did not exist. Following a second inspection, the wiring was found to be inadequate; however, upon application for Emergency Repair Fund, it was found that the residency was not owner -occupied. Use of these funds requires that the household be owner -occupied and not exceed a certain income level. After considerable discussion, it was determined that Mrs. Harris' daughter (owner of the home) could make application for the funds. The entire situation was referred to Community Development for action. 78834 - C.L. Hoffman, 2816 Idaho Street, reported that at the intersection of Donald and Idaho Streets, a site distance problem exists due to many trees and bushes blocking motorist's view. This matter was referred to Quintin Parker, Sign and Traffic Department, for review. 78835 - Walter Harrington, Jr., 111 Adams Street, reported on the problems with cars parking across the width of the street in front of his home (near Sullivan Park). After calling the Police Department, response has been July 21, 1980 78835 - (continued) slow in eliminating this situation. Moved by Wilharm, seconded by Bowers that the above oral presentation of Walter Harrington be received, placed on file and referred to the Police Department. Motion carried. 78836 - Leonard Thill, 3939 Wagner Road, asked when cable television would be available to his area. Mayor Rooff responded by stating that after conversations with the company today, he will be delivering a letter to them ordering completion within thirty (30) days. They are currently ten (10) months behind. If they cannot comply with the thirty (30) day requirement, he will ask the City Council to set a date of public hear- ing and revoke their permit to operate in Waterloo and seek damages re- troactively to the original completion date. Mr. Thill also inquired on the progress of the Wagner Road resurfacind; project and was told that Brice, Petrides and Associates are working on the design. Moved by Penaluna, seconded by Roehr that the above oral presentation of Leonard Thill be received and placed on file. Motion carried. 78837 - Mr. William D. LeCompte, 949 Belle Street, requested that the Cedar Ter- race residents be contacted to review the Sink Creek drainage study after its completion by Brice, Petrides and Associates. Moved by Getty, seconded by Bowers that the above oral presentation of William LeCompte be received and placed on file. Motion carried. 78838 - Councilman Wilharm inquired as to when the tree at West 4th Street and Russell Road would be removed. Mayor Rooff stated that he would check into the situation. 78839 - Councilman Getty asked that the signage at the intersection of Diagonal Road and Wagner Road be changed to allow Wagner Road to be a through street. Mayor Rooff stated that Quintin Parker, Sign and Traffic Depart- ment has looked into the situation and will be asking the Council to adopt an ordinance accordingly. 78840 - Councilman Getty asked that the Council reconsider the agreement approved last week for Project No. UST -20-6(30)--4A-07 which allows for the con- struction of a New Jersey barrior on Highway 20 near Newton and Kern Streets. Several residents including Jack Hovey, 1013 Broadway Street, spoke in favor of investigating a different type of structure due to the "ricocheting" effect this structure could have on their adjacent propert- ies. Discussion followed as to investigations under taken by the Iowa Department of Transportation and that their recommendation was the New Jersey barrior. After further discussion, it was recommended that the matter be referred to the City Engineer to investigate any possible al- ternatives. 78841 - Moved by Wilharm, seconded by Getty that report of Sign and Traffic Main- tenance Department on request for a'stop sign at the corner of Maxwell Street and Upton Street referred to them under Council Action No. 78785 with recommendation for denial be received, placed on file, request de- nied and City Clerk instructed to inform the requestors of the Council's action. Motion carried. 78842 - Moved by Bowers, seconded by Getty that communication from Quintin Parker, Sign and Traffic Department, reporting on the request of John Kincade for truck restrictions on Newell Street and recommendation for denial be received, placed on file, request denied and City Clerk instructed to in- form Mr. Kincade of the Council's action. Motion carried. 78843 - Moved by Getty, seconded by Burton that Finance Director Statement for June, 1980, showing Fund Balance June 1, 1980, $16,702,660.18 + Receipts - $3,485,891.58 - Bill Payments $1,351,443.88 - Payrolls $915,229.59 - Transfers $648,508.55 - Commissions $555,873.45 Fund Balance June 31, 1980 $16,717,496.29 be received, placed on file and approved. Motion carried. July 21, 1980 78844 - Moved by Wilharm, seconded by Getty that communication from City Finance Director/Treasurer, submitting Investment Report for Fiscal Year ending June 30, 1980 showing balance July 1, 1979 $21,658,465.31 + Receipts for Fiscal 1979-1980 $41,098,963.93 - Disbursements for Fiscal 1979-1980 $45,349,310.27 Balance June 30, 1980 $17,408,118.97 be received and placed on file. Motion carried. 78845 - Moved by Getty, seconded by Bowers that communication from City Engineer transmitting two permanent easement documents for sanitary sewer from Richard J. Hocken, Carroll H. & Bonnie N. McCampbell of 819 and 821 Hanna Blvd. respectively and recommending approval be received, placed on file same approved and accepted and Clerk instructed to record same. Motion carried. 78846 - Moved by Getty, seconded by Bowers that preliminary plat of Cedar Hills together with Deed of Dedication, Report of the City Engineer, Report of Brice, Petrides and Associates and Plan and Program Commission's Reso- lution of Approval and its recommendation for Council approval be received, placed on file and "Resolution approving the preliminary plat of Cedar Hills, Black Hawk County, Iowa", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 27116. 78847 - Moved by Wilharm, seconded by Burton that "Resolution providing for the issuance of $2,530,000 Corporate Purpose Bonds and providing for the levy of taxes", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 27117. 78848 - Councilman Burton reported that the Noise Ordinance Committee wished to institute a few changes in the Noise Ordinance. They are as follows: 1) In the definition of "Noise level" on Section III (n) , the wore "max- imum" shall be placed in the last sentence, and the sentence shall now read, *refer to Table 1 and Table 2 for maximum noise levels allowed within the City". 2) On Section IV - Prohibited Acts, add a new sentence in the beginning of it to read, "This Ordinance prohibits any noise in the City that is in excess of the noise levels in Tables I and II and further prohibits the following acts, and the causing thereof, are de- clared to be in violation of this Ordinance". This will replace the opening sentence of Section IV. 3) Section IV (f) should be changed to read, "operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work week days between 11 p.m. and 7 a.m. or any time on Sundays or holidays". The rest will remain the same. 4) Table I and Table II. Fach Table should have a sentence added to it, "All measurements in these Tables are maximum noise levels acceptable and any noise in excess of the DVA's in these tables shall be considered a violation". This will be added to the bottom of both Table I and II. These changes will require that the ordinance be read three times, including the amendments. Moved by Burton, seconded by Getty that "An Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by adding Chapter 37, Noise Control, be received, placed on file and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 78849 - Moved by Getty, seconded by Wilharm that following requests for permiss- ion to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Supt. of Sewers to attend International Public Works Congress and Equip- ment Show, Kansas City, Mo., Sept. 13-19, $640.00 plus use of City vehicle. Supt. of Parks to attend Park Maintenance and Planning Workshop, Colorado Springs, Colorado, August 24-27, 1980, $595.00. Fire Inspector to attend National Fire Academy, Arson Detection, Emmets- burq, Maryland, July 27 - Aug. 2,-1980 -- $60.00 Director and Assistant Director of Personnel to attend League of Iowa Municipalities, Des Moines, Iowa, August 21 & 22, 1980 -- $97.00 Ayes: Six. Absent: Dowie. Motion carried. 78850 - Moved by Roehr, seconded by Wilharm that following applications for Beer Permits and Beer Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Liquor Licenses Applications July 21, 1980 78850 - (Continued) Class C H & F, Inc., dba The Roundup, 1927 Jefferson John Straube dba The Dugout, Inc., 1125 W. Donald If & When, Inc., dba The Rail's End, 110 Ida Gordon E. Zurbriggen dba Seven Seas Lounge, 3927-2937 W. Airline James R. Schoo dba Jim's Longe, 1406 Commercial Larry D. Baumann & Janice R. Baumann dba Criterion Catering Service Beer Permit Applications Class C Vern 0. & Goldie Boleyn dba Boleyn's Grocery, 319 Edwards Sunday Sales - Beer & Liquor Applications If & When, Inc. dba The Rail's Fnd, 110 Ida John Straube dba The Dugout, Inc., 1125 W. Donald Sunday Sales - Beer Applications Vern 0. & Goldie E. Boleyn dba Boleyn's Grocery, 319 Edwards Motion carried. Inc. 78851 - Moved by Penaluna, seconded by Wilharm that following application for a Peddler's License be received, placed on file, and granted: Michael Robert McLaughlin, Pine Tree Motel Daniel Xavier Radovanic, 411 Vinton Street, (Southwestern) Motion carried. 78852 - Moved by Bowers, seconded by Roehr that following application for Dance License be received, placed on file and granted: Trinity Club, 708 Jefferson Motion carried. 78853 - Moved by Roehr, seconded by Penaluna that three (3) Cigarette License Renewal Permits be received, placed on file and granted. Motion carried. 78854 - Moved by Roehr, seconded by Penaluna that the following application for Junk Dealer, be received, placed on file and granted: James L. Rooff, Jr., Lowell Avenue and Mitchell Avenue Motion carried. 78855 - Moved by Bowers, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through July 21, 1980, be received, placed on file and report and bonds approved. Motion carried. 78856 - Moved by Roehr, seconded by Getty that the Council adjourn. Motion carried. Larry P. Burger City Clerk. July 21, 1980