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HomeMy WebLinkAbout04/28/80April 28, 1980 The Council of the City of Waterloo, Iowa, met in Regular Session in Council Ch- ambers in the City Hall at 7:00 P.M., on April 28, 1980. Mayor Rooff in the Chair. On roll call: Present: Getty, Penaluna, Roehr, Wilharm, Dowie, Burton, Bowers. Absent: None. Invocation by Councilman Bowers. 78353 - Mayor Rooff stated that the public hearing and receiving of bids on the sale and conveyance of a parcel generally located between Commercial and Paper Mill Street east of Lot 1, Rooff's Addition was being deleted from the Agenda.' Also, under Petitions from the Public a curb cut request of Wendell Lockard Construction, Inc., on Cleveland Avenue, north of Univer- sity Avenue was added. Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of April 28, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 78354 - Moved by Burton, seconded by Dowie that the minutes of the regular sess- ion held April 21, 1980, at 7:00 P.M. be approved. Motion carried. Mayor Rooff welcomed Scout Troop #72 of Central Christian Church. The Mayor stated he and Council were happy that they could attend the meet- ing and welcomed them back at any time. 78355 - Moved by Roehr, seconded by Wilharm that Proof of publication of notice of public hearing on rezoning from "A-1" Agricultural District to "M-1" Light Industrial District approximately 20 acres in the SW4 of Section 7-18-12 located north of East Shaulis Road and easterly of U.S. Highway 218 as published in the Waterloo Courier on April 11, 1980, upon request of Youngblut Construction Company, City Zoning Commission's recommendat- ion and City Council's own motion be received and placed on file. Motion carried. 78356 - Moved by Dowie, seconded by Wilharm that the written objections filed in the City Clerk's Office containing signatures of 82% of the residents lying within 250 feet of the request and over 400 signatures of residents lying outside a 250 ft. radius be received and placed on file. Motion carried. 78357 - John Fister, Attorney for Youngblut Construction, Inc., stated that after review of the written objections, four main concerns prevailed: 1) po- tenial for increased noise and traffic; 2) air and water pollution; 3) decreased property values; and 4). water flow problems. He presented a compromise to these concerns whereby a 400 ft. buffer strip would be placed adjacent to and southwesterly of the railroad tracks and would be developed with uses of a "C-3" Commercial District intensity. However the zoning for the entire parcel would remain as proposed, "M-1" Light Industrial District. This restriction of uses would be a restrictive covenant on the property and would run with the land for a period of 20 years. He asked that this proposal now be considered by the City Coun- cil but that the first reading of the ordinance be passed tonight. Mem- bers of the Council questioned whether or not the covenant was a legal and binding instrument: City Attorney Hultman stated that covenants were binding, but that after the 20 year period, they would need to be renewed. Moved by Bowers, seconded by Burton that the above remarks of Attorney John Fister be received and placed on file. Motion carried. 78358 - Moved by Dowie, seconded by Penaluna that the petition presented by Loren Miller, 3755 Cedar Terrace Drive, representing those residents residing in Triangle Terrace Addition opposing the rezoning request be received and placed on file. Motion carried. 78359 - Harry Zanville, Attorney for residents living in Cedar Terrace Addition, expressed that he was unaware of the buffer being proposed and earlier presented by Attorney Jon Fister. He objected to the adequacy of notice given on the matter. He also opposed the rezoning as it was "spot zon- ing" and development was being allowed to occur in the floodway of Sink Creek. He elaborated on the uses that would be allowed in an "M-1" zon- ed district and that this area had been "targeted" for industrial pur- poses by the City's 1969 Comprehensive Plan. 78359 - (Continued) Ronald Kraus of 941 Belle explained his reasons for moving to the Cedar Terrace Area as wanting a "country -living atmosphere" and also opposed the rezoning. Moved by Roehr, seconded by Bowers that the above oral comments be re- ceived and placed on file. Motion carried. 78360 - Fred Debe,'Engineer for Youngblut Construction, sited reports by both the U.S. Army Corps of Engineers and Brice, Petrides & Associates defin- ing the floodplain and floodway of Sink Creek. Prior to issuance of building permits for each structure, all requirements of these Agencies and City will be met. Ervin Kressley, 830 Belle, spoke about the potential for flooding if de- 'velopment is permitted to occur. Moved by Dowie, seconded by Burton to deny the request to rezone from "A-1" Agricultural District to "M-1" Light Industrial District 20 acres of property in part of the SW4 of Section 7-88-12, lying north of E. Shaulis Road and easterly of U.S. Highway 218. After lengthy discussion, Councilman Dowie withdrew his original motion, with the approval of Councilman Burton. 78361 - Moved by.Roehr, seconded by Dowie that the request to rezone from "A-1" Agricultural District to "M-1" Light Industrial District a 20 acre par- cel located in part of the SW14 of Section 7-88-12, lying north of E. Shaulis Road and easterly of U.S. Highway 218, be denied. Ayes: Roehr, Wilharm, Dowie, Burton. Nay: Getty, Penaluna, Bowers. Absent: None. Motion carried. Mayor Rooff then called for a three minute recess. 78362 - Moved by Wilharm, seconded by Dowie-that "Resolution directing the pub- lication of a notice of intention to issue not to exceed $600,000 aggre- gate principal amount of Industrial Development Revenue.Bonds (Warren Transport, Inc.) Series 1980 of the City of Waterloo, Iowa, and calling a public hearing on the proposal to issue said bonds, and date of hear- ing set as May 19, 1980 at 7:00 P.M. in the Council Chambers in City Hall," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26950. 78363 - Moved by Burton, seconded by Getty that "Resolution authorizing the place- ment of the 2300 Block of Muncy Avenue on the F.Y. 1980 Oiling Program," be adOpted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26951. 78364 - Moved by Burton, seconded by Dowie that proof of publication of notice of public hearing on revised site plan for Grace Lutheran Church legally described as: Lots One (1) through Six (6) Block Twelve (12) and Lots One (1) and Two (2) , Block Nine (9) , Leavitt, Johnson and Miller's Addi- tion in the City of Waterloo, Black Hawk County, Iowa, upon recommendat- ion of Plan and Program Commission and on Council's own motion, as pub- lished in the Waterloo Courier on April 11, 1980, be received and placed on file. Motion carried. 78365 - Hold Hearing - This being the time and place for hearing, the Mayor call- ed for oral and written objections, and there were none. Moved by Burton, seconded by Wilharm that "Resolution approving the re- vised site plan for an educational wing for Grace Lutheran Church locat- ed at the intersection of West Seventh and Allen Streets, in the City of Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Seven. Resolut- ion adopted and upon approval by Mayor, assigned No. 25952. 78366 - Moved by Getty, seconded by Penaluna that request of Wendell Lockard Con- struction, Inc., for a 35 foot curb cut to be located on Cleveland Avenue and legally described as Lot 15, Block 17, Hagerman Place to be receivdd, placed on file, and approved, with the Mayor and Clerk instructed to re- search records pertaining to any past agreement made relating to property exchange when the North-South alley was vacated. Motion carried. April 28, 1980 78367 - Moved by Roehr, seconded by Burton that proof of publication of notice of hearing on the proposal to vacate, sell and convey that portion of Ralph Road not now vacated generally located north of Castle Street and south of Vera Drive to Donald and Alice Co, and Mr. and Mrs. Jeff Hamlett, for the sum of $0.10 per square foot, plus costs located in the City of Waterloo, Black Hawk County, Iowa as published in the Waterloo Courier on April 11, 1980, be received and placed on file. Motion carried. 78368 - Hold Hearing - This being the time and place for hearing, the Mayor call- ed for written and oral objections and there were none. Moved by Penaluna, seconded by Wilharm that "Ordinance vacating that por- tion of Ralph Road not now vacated generally located north of Castle St- reet and south of Vera Drive located in the City of Waterloo, Black Hawk County, Iowa", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 78369 - Moved by Burton, seconded by Penaluna that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspend- ed, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Penaluna, Roehr, Dowie, Burton. Nays: Getty, Wilharm, Bowers. Motion not carried. 78370 - Moved by Burton, seconded by Bowers that the City enter into an agree- ment for the purposes of establishing, maintaining and governing a Black Hawk County Criminal Justice Information System and "Resolution authori- zing the Mayor to execute agreement for the purposes of establishing, maintaining and governing a Black Hawk County Criminal Justice Informat- ion System", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26953. 78371 - Moved by Burton, seconded by Wilharm that communication from I.D.O.T., transmitting a right-of-way purchase agreement for a portion of I-380 from Highway U.S. 218 and Hess Road to Mitchell Avenue and authorizing the State of Iowa to acquire rights-of-way for construction of the free- way, and City Engineer's recommendation of approval be received, placed on file and "Resolution accepting and approving right-of-way purchase agreement for a portion of I-380 from Highway U.S. 218 and Hess Road to Mitchell Avenue and authorizing the State of Iowa to acquire rights- of-way for construction of the freeway", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26954. 78372 - Moved by Penaluna, seconded by Bowers that Request of Dean A. Bishop for permission to construct temporary asphalt driveway, without regard to sidewalk grade, at 1040 West Donald Street and City Engineer's recommend- ation for approval subject to the provisions of his letter be received and placed on file, recommendations approved and permission q anted in accordance therewith. Ayes: Seven. Motion carried..2695419 78373 - Moved by Wilharm, seconded by Roehr that Request of Metropolitan Transit Authority for temporary asphalt driveway, without regard to sidewalk grade, at 1515 Black Hawk Street'and City Engineer's recommendation for approval subject to the provisions of his letter be received and placed on file, recommendations approved and permission gra ted in accordance therewith. Ayes: Seven. Motion carried. �6 954 , 78374 - Moved by Getty, seconded by Wilharm that communication for Fire Chief transmitting the 1979 Annual Report of the Waterloo Fire Department be received and placed on file. Motion carried. 78375 - Moved by Wilharm, seconded by Roehr that communication from the Depart- ment of Environmental Quality for construction permit #80-199-S for sewage and 80-199-W for water to serve Burton Avenue Industrial Park be received, placed on file and approved. Motion carried. 78376 - Moved by Bowers, seconded by Burton that Contract and Contractors Bond for "Shaulis Road Bridge Project No. M-6470(1)--81-07, Contract No. 200," be received, placed on file and "Resolution approving Contract and Con- tractors Bond of Christensen Bros., Inc., Cherokee, Iowa, for Shaulis Road Bridge Project No. M-6470(1)--81-07, Contract No. 200 in the amount of $184,138.06," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26955. April 28, 1980 78377 - Moved by Wilharm, seconded by Bowers that communication from Finance Director requesting the transferring from the Federal Revenue Sharing Fund the sum of three hundred eighty five thousand six hundred seventy two dollars ($385,672.00) to the General Fund be received, placed on file, and "A Resolution transferring from the. Federal Revenue Sharing Fund the sum of three hundred eighty five thousand six hundred seventy two dollars ($385,672.00) to the General Fund," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26956. 78378 - Moved by•D owie, seconded by Wilharm that communication from City Clerk transmitting communication from Phil Dorweiler, the City's Bonding Attor- ney to proceed with the sale of certain special assessment bonds be re- ceived, placed on file and "Resolution fixing the date of public hearing and receiving of bids for $290,000 Street Improvement Bonds, Contract #170; $220,000.00 Street Improvement Bonds, Contract #166; $95,000.00 Street Improvement Bonds, Contract #168 as May 19, 1980," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26957. 78379 - Moved by Roehr, seconded by Burton that "An Ordinance amending Chapter 34, Article III, Sewers, of the Code of Ordinances of the City of Water- loo, by repealing Section 34-54, Basic Charge and Rates Established, Basic of Determination, Increase of Rates and Charges for Delinquent Payments, Paragraph (f) and enacting in lieu thereof new Section 34-54, Paragraph (f)," be received, placed on file, considered and passed for the third time and now placed on final adoption. Ayes: Seven. Motion carried. 78380 - Moved by Wilharm, seconded by Getty that "An Ordinance amending Chapter 34, Article III, Sewers, of the Code of Ordinance of the City of Water- loo, by repealing Section 34-54, Basic Charge and Rates Established, Basis of Determination, Increase of Rates and Charges for Delinquent Payments, Paragraph (f) and enacting in lieu thereof New Section 34-54, Paragraph (f)", adopted. Ayes: Seven. Ordinance adopted and upon ap- proval by Mayor, assigned No. 3082. • 78381 - Moved by Dowie, seconded by Roehr that Bills, Schedule A, be received, placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26958. 78382 - Moved by Bowers, seconded by Dowie that communication from Finance Dir- ector with recommendation to employ .the firm of Chapman and Cutler, Bond- ing Attorneys, to prepare the necessary legal proceedings for the issu- ance and sale of $2,530,000 corporate purpose bonds, be received, placed on file, and "Resolution approving the firm of Chapman and Cutler, Bond- ing Attorneys to prepare the necessary legal proceedings for the issu- ance and sale of $2,530,000 Corporate Purpose Bonds," be adopted. Ayes: Seven. Resolution adopted and• upon approval by Mayor, assigned No. 26959. 78383 - Moved by Roehr, seconded by Getty that communication from Mayor LPO P. Rooff, requesting Council approval of the appointment of Donald Eibey to the Civil Service Commission effective April 1, 1980, be received, placed on file and approved. Motion carried. 78384 - Moved by Burton, seconded by Bowers that communication from Chief of Police reporting retirement of Officer Robert D. Wilson effective April 30, 1980 and entitlement of 113 days sick leave and 30 days vacation pay be received, placed on file and "Resolution approving payment of $8,831. 68 sick leave and vacation pay to Robert D. Wilson, Waterloo Police De- partment", be adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 26960. 78385 - Moved by Wilharm, seconded by Dowie that following requests for permiss- ion to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Motor Vehicle Parking Facility Superintendent and assistant to the Second Annual Engineering & Plant Operation Show, Des Moines, Iowa on April 29, 1980 plus use of city vehicle. Lt. and ambulance driver/attendant to Triage and Trauma VIII, Waterloo, Iowa, on May 2, 3, 4, 1980 -- $55.00 each. City Engineer to Iowa State University Urban Drainage Workshop, Ames, Iowa, on May 28, 29, 30, 1980 -- $381.40 April 28, 1980 .� 78385 - (Continued) City Clerk to 1980 Municipal Clerk's Institute, Ames, Iowa on July 13-18, 1980 - $316.75 Ayes: Seven. Motion carried. 78386 - Moved by Wilharm, seconded by Roehr 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 Permit Applications Class B Walgreen Co. dba Walgreens, 2323 Crossroads Blvd. Waterloo Softball Association, Inc. 850 Longfellow Ave. Sunday Sales - Beer Permit Applications Class B Waterloo Softball Association, Inc. 850 Longfellow Ave. Walgreen Co. dba Walgreens, 2323 Crossroads Blvd. Beer Liquor License Application Class C Zilch, Ltd. dba Corner Tap, 108 Jefferson Motion carried. 78387 - Moved by Roehr, seconded by Burton that application for nine (9) taxicab licenses, as per attached list, submitted by Waterloo Yellow Cab Co-op, 117 East lith Street for renewal of Taxicab Licenses for year beginning May 1, 1980, together with approval of Police Department, be received, placed on file and granted. Motion carried. 78388 - Moved by Bowers, seconded by Burton that the following applications for permission to drive a motor vehicle for the purpose of carrying passeng- ers be received, placed on file, and -granted: Jerry Lee Schaefer Kenneth John Leiss Dwayne Hansberger Richard Schwartz Mary Jane Brouwer Douglas R. Brouwer Rolle Moe Dirk Christensen John Crinigan Bobby Porter Chuck Antell Gordon Woods Joan M. Woods Cathy Treichel Miriam J. Jacobsen Dennis Olmstead Lloyd D. Lumbus Craig Maire Michael Denniston Ernie Bennit William H. Lemke Scott W. Lemke Louis Jirack Ron Paradine Motion carried. 215 W. 13th Street, Waterloo, Iowa. • 215 W. 13th Street, Waterloo, Iowa. 808 W. Seerley Blvd., Cedar Falls, Iowa. 358 Grand Blvd., Evansdale, Iowa. 1215 Bluff Street, Waterloo, Iowa. 1215 Bluff Street, Waterloo, Iowa. 533 Lime Street, Waterloo, Iowa. 421 Randall Street, Waterloo, Iowa. 1773 Independence Ave., Waterloo, Iowa. 313 Quincy Street, Waterloo, Iowa. 243 Grand Blvd., Evansdale, Iowa. P.O. Box 231, Waterloo, Iowa. 2235 Lincoln Street, Cedar Falls, Iowa. 209 E. 5th Street #329, Waterloo, Iowa. 3709 Cedar Knoll Circle #153, Waterloo, Iowa. 2508 S. Union Road, Cedar Falls, Iowa. 710 W. 6th Street, Waterloo, Iowa. 8251 Franklin, Waterloo, Iowa. 4121 E. llth Street, Waterloo, Iowa. 512 W. Dale, Waterloo, Iowa. 209 E. 5th Street #510, Waterloo, Iowa. 209 E. 5th Street #510, Waterloo, Iowa. 425 Allen Street, Waterloo, Iowa. 706 Filmore Street, La Porte City, Iowa. 78389 - Moved by Burton, seconded by Getty that the following applications Dance License be received, placed on file, and granted: Corner Tap, 108 Jefferson St. Round up Lounge, 1927 Jefferson St. The Colony Club, 612 Maynard St. Motion carried. April 28, 1980 for a 78390 - Moved by Bowers, seconded by Roehr that the following applications for a Theater License be received, placed on file, and granted: Starlite Drive -In Theatre Co., 4000 University Avenue. Motion carried. 78391 - Moved by of bonds file and 78392 - Moved by carried. Dowie, seconded by Wilharm that report of City Attorney and list filed with Clerk through April 28, 1980, be received, placed on report and bonds approved. Motion carried. Burton, seconded by Getty that the Council adjourn. Motion Larry P. Burger City Clerk.