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HomeMy WebLinkAboutMinutes-09/13/2006• • September 18, 2006 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, September 18, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: 124176 - Schmitt/Kincaid Mark Rice, Superintendent of Central Garage. that the Agenda, as proposed, for the Regular Session on Monday, September 18, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 124177 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, September 11, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Hurley read a Proclamation declaring September 23, 2006 as Health Awareness Day. CONSENT AGENDA 124178 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-90, dated September 18, 2006, in the amount of $2,971,724.94, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2006-798. 2. Communication from City Clerk transmitting request of the Iowa Democratic Party for a variance to the Noise Ordinance on September 24, 2006 from 12:00 Noon to 6:00 p.m. in conjunction with event to be held at Gates Park, including a PA system and DJ, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2006-799. b. Motion to approve the following: 1. Eric Thorson, City Engineer, to attend American Public Works Association Iowa Chapter 2006 Fall Conference in Des Moines, Iowa on September 20-22, 2006, with costs not to exceed $373.00, including use of city vehicle. 2. Donna Lesyshen, Waterloo Housing Partnership Coordinator, to attend Iowa Housing Conference Building A Framework for Success in Des Moines, Iowa on September 19-20, 2006, with costs not to exceed $374.00, including use of city vehicle. 3. Paul Huting, Leisure Services Director, to attend Iowa Park & Recreation Association Fall Workshop in Fort Dodge, Iowa on September 19-21, 2006, with costs not to exceed $303.00, including use of city vehicle. 4. Don Temeyer, Community Planning & Development Director; and Chris Western, Associate Planner; to attend Brownfields 2006 Conference in Boston, Massachusetts on November 12-15, 2006, with costs not to exceed $1,397.00 each. 5. Eleven Public Safety Officers to attend Law Enforcement Intelligence Network Conference in Des Moines, Iowa on October 15-18, 2006, with costs not to exceed $5,198.00, including use of city vehicle. 6. Waterloo Commission on Human Rights & Waterloo Center For The Arts to hold Cultural & Arts Festival in Waterloo, Iowa on September 21, 2006, with costs not to exceed $750.00. September 18, 2006 Page 2 Consent Agenda continued 7. Rhonda Weber, Police Officer, to attend MO National Homicide Seminar in Kansas City, Missouri on October 15-19, 2006, with costs not to exceed $1,120.56. 8. Robert Duncan and Stacy Hogle, Police Officers, to attend Statement Analysis and Forensic Interviewing Techniques in Waterloo, Iowa on October 23-27, 2006, with costs not to exceed $590.00. c. Beer/Liquor License Permit Application Class C El Carnaval Latino, 708 Jefferson Street (New) (Expires 10/01/07) (Includes Sunday Sales) The Penalty Box, 118 Commercial Street (Renewal) (Expires 9/18/07) (Includes Sunday Sales) Casey's 218 Pub, 4010-4018 University Avenue (Renewal) (Expires 9/30/07) (Includes Sunday Sales) d. Liquor License Permit Application Class E Liquor and Tobacco Outlet, 508 Broadway Street (New Owner) (Expires 9/19/07) (Includes Sunday Sales) e. Wine License Permit Application Class B Liquor and Tobacco Outlet, 508 Broadway Street (New Owner) (Expires 9/19/07) (Includes Sunday Sales) f. Beer License Permit Application Class C Liquor and Tobacco Outlet, 508 Broadway Street (New Owner) (Expires 9/19/07) (Includes Sunday Sales) g. Fireworks Display Application Columbus High School Homecoming Football Game on September 29, 2006 h. Bonds. Ayes: Six. Absent: Cole. Motion carried. Mayor Hurley reported that the Waterloo Police Department's Citizen Response Unit (CRU) received an award at the Executive Training Conference in Des Moines last week from the Law Enforcement Coordinating Committee for the outstanding work they do to make Waterloo a safer community. The unit was formed in May of last year to respond to all the types of calls and concerns from Waterloo citizens. Its another way that our Police Department is partnering with the community to allow everyone to enjoy the community as a whole and all that it has to offer. This unit works very closely with citizens and neighborhood associations and individual blocks to solve problems. The CRU unit has been very successful in addressing concerns about unwanted and/or illegal activities in our neighborhoods. In the first six months of 2006, they made 187 drug arrests, 107 warrant arrests and 493 other arrests. They work with Tri -County Drug Enforcement Task Force in the U.S. Attorney's office on a regular basis. Chief Jennings nominated the CRU and stated the dedication and excellent performance of this unit has resulted in making the neighborhoods of Waterloo safer and significantly improved the quality of life in Waterloo. Mayor Hurley congratulated the members of the Citizens Response Unit, Chief Jennings and the command staff for the receipt of the award. HEARINGS & BIDS 124179 - Getty/Greenwood that proof of publication of notice of public hearing on U.S. 20 and Iowa 21 Ramps Traffic Signalization, STP -U-8155(675)-27-07, as published in the Waterloo Courier on September 12, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124180 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Greenwood that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. • • September 18, 2006 Hearings & Bids continued 124181 - Getty/Greenwood Page 3 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with U.S. 20 and Iowa 21 Ramps Traffic Signalization, STP -U- 8155(675)-27-07", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-800. 124182 - Getty/Greenwood that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-801. HEARINGS 124183 - Kincaid/Welper that proof of publication of notice of public hearing on request of Shadow Creek Crossing L.C. to rezone from "A-1" Agricultural District and "R-2" One and Two Family Residence District to "R-4" Multiple Residence District for purpose of multi -family residential development on property generally located east of 1012 Lois Lane, south of Bethel Street and north of 1913 Schukei Road, as published in the Waterloo Courier on September 6, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124184 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported the Planning & Zoning office has received a petition of opposition representing 5.6 percent of the landowners within 250 feet of the proposed rezoning, which is below the 20 percent needed to require a three-fourths vote of the council. Ron Varney, 3349 Hammond Avenue, submitted a petition of opposition which was circulated through Bethel, Oleson, Langley, but did not the apartment buildings on Langley, Kaplan, and Hammond from Flammang to Mitchell. They talked to 71 people with 100 percent signatures. The petition reads, "We, the undersigned members of the Hearst Neighborhood Association believe that the City of Waterloo should investigate fully the traffic impact and possible safety issues that may be caused by the development east of 1012 Lois Lane, south of Bethel Street and north of Schukei Road before they approve it. We believe that the development of this property will adversely effect our neighborhood, our quality of life and our property values." Mr. Varney explained that one of the main concerns they have had all along has been the traffic. Simple math will tell you that if you put in 152 units, you have roughly 2' automobiles per unit making four trips a day, that's two outs and two ins that put an additional 1,000 cars in that neighborhood. Mr. Varney stated he feels Hammond is already overloaded, and if you start flooding it in to Bethel, Kaplan, Oleson and Langley they are going to become overloaded. Mr. Varney stated he doesn't think a traffic study has been done to study the impact of this Mr. Varney reported the neighborhood association went before Planning and Zoning. They talked with the developers, and Planning and Zoning recommended that they have a meeting with the developers and see if they could come to some consensus. They met with developer along with members of the city, Chief DeBerg, someone from Engineering, and Planning and Zoning. Some of the other issues the neighborhood association is having is that they already have a water problem with storm water on Lois Lane since the overlay on Hammond, and they feel this is just going to add to that. A number of years ago as a city we brought in IBP and our sewer system was up to snuff and tax dollars have been spent and millions and millions more to get it back up to snuff. Mr. Varney stated he was under the understanding that if it was approved by Planning & Zoning and the city council then it had to go back to the site committee, and he sees that the site approval is on the agenda tonight for approval already. Mr. Varney stated that visiting with Fire Chief DeBerg a an issue came up that we needed to make sure that we have access going about the city. There are a couple of single access developments in place right now, and he believes the city allowed this so the developer could put in another unit. There is one on Bobby Lane that they could have had a throughway, but because the developer wanted one more unit the city said we don't have to have a turn around, a cul-de-sac, you physically drive in and you have to turn around in someone's driveway and drive out. And another one would be Aspen Court. September 18, 2006 Page 4 Hearings continued Don Temeyer, Community Development and Planning Director, stated he will need to check this final petition and see if they have any new names that have been added. That could change the percentage as the last signature that we have in writing is the one that counts prior to the council taking final action, so this could impact that. Mr. Temeyer stated it is the people within 250 feet of the boundary, even though those other 71 names certainly count to the council and they will take that into account, the legal part that kicks it to the 20 percent limit is within that 250 foot boundary. Steve Knipp, 1119 Kaplan Drive, reported he was the guy who put together the first petition, so he would have something to present to the Planning and Zoning Commission about the neighborhood's concerns. Mr. Knipp stated the Hearst Neighborhood Association had a meeting with the developer and told them their concerns, most of which are traffic concerns. The developer said that their original plan wasn't to connect anything else to Schukei Road. The Fire Department then said they needed to have other access so then the Bethel Street thing came in connecting to Bethel Street. That allowed two accesses, but his recollection is that the reason we needed to connect to Lois Lane to Hammond Avenue was because the turnaround problems for the Fire Department getting in that area and not being able to get out without backing onto private property. Mr. Knipp stated they came up what they thought was a possible solution, and the solution was to connect to Lois Lane but to somehow limit access either through an emergency gate situation or something else. Mr. Knipp stated he believes the Shadow Creek Crossing Development is probably the best we can do in that area. They could have, for example, eight eight-plexes go in there, and they don't want anymore rental property as homeowners in that area. Mr. Knipp stated the traffic problem is what everybody is talking about. The traffic problem on Hammond Avenue is obnoxious at a couple of times during the day. There is going to be another neighbor who will talk about the fact that he can't even get in his driveway for two to three hours a day because of the traffic. And if you add that number of units passing onto Hammond Avenue from Lois Lane, then you really have a problem. Jeri Damro, 1012 Lois Lane, reported out of the neighborhood meeting it was tentatively agreed that Lois Lane would not be a through street for traffic. Mr. Damro asked if a traffic study has been done on this was the fact that Sears Street crosses East San Marnan 600 feet south of Fire Station No. 8 brought into consideration as a through street to this property. It sounds like it would solve several problems that the Fire Chief was worried about for egress access and also there is a stop light on Sears to south San Marnan for traffic control and that would surely relieve the Hammond Avenue traffic. Mr. Damro stated he lives on Lois Lane and right now he does the snow removal and the street sweeping and it has never been addressed how this is going to be taken care of if it connects through to this project. Mr. Damro stated with the drainage problem after every rain. its three to four inches deep on the corner of Lois Lane and Hammond Avenue. Dick Markussen, 3272 Hammond Avenue, stated he and his wife, Ruth, are concerned with the traffic. Its tough just to get out of the driveway as it is, and around 4:00 p.m. it is backed clear up to GMAC. One of the concerns is Lois Lane. They were under the impression that as far as the emergency vehicle they could put a bar across there like there is on Hwy 21 for emergency purposes of getting the emergency equipment in there and then build a cul-de-sac of where they can turn around. Mr. Markussen stated he and his wife are concerned if any thought has been given about the access for children going to Kittrell as well as crossing Hammond to Columbus. Mark Brockman, 3244 Hammond Avenue, stated he is not really opposed to the project, but has concerns about the traffic. Mr. Brockman stated he lives on the west side of Hammond Avenue so at the stop sign all the traffic going north is stopped all the way beyond his house in the evenings as they are leaving. But he does have the choice to go south or take a right at his property. With this new property coming in the only place for those people coming in is going to be Schukei Road or if they come off of Hammond it would be Lois Lane unless it is blocked or it will be right at Kaplan Drive. Mr. Brockman stated he is against the extra traffic, and if you do have people starting to turn in or the extra traffic turning in at night between those streets that will start blocking off both sides of Hammond. At least right now just the north side is blocked because of the stop signs, and now they have the choice of going south. Sharon Free, 1020 Langley Road, stated traffic is a big problem, and you put that many units in that area you are going to have a lot of traffic. The speed on Hammond is just horrendous, 30 mph signs are posted but people are going between 40 and 45 and more. Time wise when a car comes by there is just no way you can get out from Kaplan or Langley where she lives to turn left. Ms. Free stated her suggestion also is if there is an emergency exit through Lois Lane to put a bar for emergency use only. • • September 18, 2006 Hearings continued Page 5 Ms. Free stated there are four homes on Kaplan that are for sale, and she doesn't' know what their reasons are but that is a lot of homes in that area. There are also two homes across the street from her that can't sell because of the apartments down on the street. Ms. Free stated apartment buildings, apartment complexes are a big issue in this area and people just don't want to buy homes that are so close to apartments. Ms. Free stated she thinks the style of these complexes are going to be good, and she hopes they are managed well because they have so many issues on Langley where she lives. Ms. Free stated they want to work together with the developer and with the city on this and compromise somehow for the folks on Lois Lane and on Hammond for the traffic issues. Columbus also parks their cars on the street during ball games, and she asked where are they going to park. Ms. Free stated she feels traffic is a huge issue. Jerry Heber, 3049 Hammond Avenue, stated he lives about 600 to 700 feet from the intersection of Hammond and Ridgeway, and he believes opening up these streets and building this housing project is what Hammond needs. If you take an aerial view of the Crossroads Shopping Center, Hammond Avenue and La Porte Road are the two main ways in there, and he thinks we need some more ways in and out of there. He believes opening up these streets will be the answer to Hammond. Its not the total answer, but he thinks it will actually relieve the traffic on Hammond. The GMAC people might go down Bethel. He knows that the people on Bethel or Kaplan don't want anybody on their street, but we need to share the traffic a little bit. We can't all go down Hammond. Mr. Heber stated he wants to go on record of being in favor to build the houses, and he thinks that area of town needs a good shot on the arm. Kincaid/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124185 - Kincaid/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 384 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. In response to a question by Councilperson Welper, Mayor Hurley noted there will be 152 units built in phases, as they sell. Councilperson Welper commented they are not going to be built all at once, over a period of time, so we can study traffic as it goes along. Don Temmeyer, Community Development and Planning Director, reported he added nine additional names against the project, which adds 8.87 percent of the 250 foot boundary which would bring the opposition to about 14 percent just around the area to be rezoned. We are talking just about the area to be rezoned, and that is why although there are 71 names and many people in the Bethel, Kaplan, Hammond area who have signed the petition, but they don't count legally to push it into the three-fourths vote. Ron Varney, 3349 Hammond Avenue, asked how many properties fall into that as he finds it hard to believe that the only ones on it that are going to be counted are Kaplan and then Lois Lane. Mr. Temeyer responded we also have to count the area of the Davenports who are selling the property to the developer and that is about 50 percent of the property. And plus all the others on the southern portion that don't. Mr. Temeyer stated it is the area that counts, including GMAC, its not one person. Ron Varney stated so basically they have neighborhood has no say. Mr. Temeyer responded they certainly do. The legislature passed a law, and that's what the council is doing, they listening to everyone here tonight. Councilperson Gunderson stated 90 percent of this land is already zoned properly. We are talking about a small section that is off Lois Lane and another section right behind Schukei Road, but all this other land has already been zoned so they could do this anyway by just getting a different access to the property. And they could build anything they wanted in there right now, they could be eight plexes or nine plexes or anything they wanted to. September 18, 2006 Page 6 Hearings continued Mayor Hurley stated there is a development agreement with this, and the developer has agreed that these will be owner -occupied condominium units, not apartments. Mr. Temeyer responded the developer has signed a restricted covenant that will be made a part of their permanent record of this rezoning and recorded that they will be a homeowner association of condominiums and not rental units. Not that you can't ever rent a townhome. If someone moves out of town or transferred they could rent it until its sold. All homes can be rented in the City of Waterloo. Cindy Guckenberger, of Regency High and representing the developer, stated this will be a phase development. They anticipate, depending on the absorption, starting at Schukei Road extending down towards Lois Lane. They anticipate it will take four years, but that can certainly take longer depending on what happens. She stated she believes the entire Lois Lane will be improved. She stated she thinks they have two years to actually extend that road as part of the developer agreement. Todd Happel, Anderson -Bogert Engineers & Surveyors, Inc. of Cedar Rapids, Iowa, stated he believes what the developer is talking about is they would start on Schukei Road and connecting that up to Bethel Street would probably be the first phase or two. Then start working their way west from Schukei Road over to existing Lois Lane which might be another two phases after that. So it could be four years down the road before they are actually connected in with Lois Lane. Councilperson Greenwood stated this "R -2,R-4" rezone on the west side is not even really pertinent to the project at the present time, and asked how long are the restricted covenants, 10 years, 20 years or are they lifetime covenants. Mr. Temeyer responded that is a legal questions, but it is a condition of this rezoning. In his option, they will stay with the property as long as its there unless they can come back and change it. Councilperson Greenwood asked if there are storm water management and sanitary sewer management problems in the area. Eric Thorson, City Engineer, responded they are still working with them on the plans, but one of the reasons that we brought up the reconstruction of Hammond Avenue was because of the drainage concern where Lois Lane connects onto Hammond and that was the result of the overlay a number of years ago. The reconstruction of Hammond will take care of that. Most of the drainage from this site is to the south and east so it drains away from most of the properties that are over to the north and west of this. They will have a storm water plan, including a detention to handle that storm water. It appears that the sanitary sewer is adequate. None of these homes will have any kind of footing drains tied into the sanitary system as we have in other parts of the city so it will just be pure sanitary flow that will be going into the sanitary and it is adequate for that. Councilperson Greenwood noted Lois Lane is a private street right now, and asked who is going to plow and sweep it. Mr. Thorson responded he has been told that it would remain private, so that would be an issue for the developer. Ms. Guckenberger responded that currently Lois Lane is owned by the Davenport Trust all the way up to Hammond Avenue, and it will be retained by Shadow Creek Crossing, L.C., which ultimately will be turned over to a homeowners association that will provide the maintenance. Mayor Hurley commented that what we know is Lois Lane today when it is eventually hooked up, that maintenance will be all the way out to Hammond and asked if it will be provided for by the association. Ms. Guckenberger responded yes, that is about a 150 foot strip of existing roadway right now so it's a little bit of an unusual situation to kind of be in a site development. The developer has not gone through all of the details with the city, so any of these finalizations can certainly be worked out but right now they do anticipate retaining that responsibility. Mayor Hurley stated he knows this developer has done developments around the state and asked if there was one in the western city limits of Des Moines proper over by Valley Junction. Ms. Guckenberger responded they do Regency Homes High Development. They have developed at Greenhill Road and Hudson Road and have similar single family units and has an association over there that is being managed. Each one of those are unique associations managed through the actual owners so eventually that does get turned over to those home owners. Councilperson Greenwood stated concerning the question about Sears Street, which is sort of over back behind Target, there are 15 to 17 acres back behind Target and he asked if it would be up to the owner of that property to extend that street if they wanted to do that. • • September 18, 2006 Hearings continued Page 7 Mr. Temeyer responded yes, and that would be something that the city would encourage to happen some day, and they agree with the gentleman who got up that the way to assist in the traffic concentration in this area is to let it go out into different places and not actually have it go out into one street. The problem with blocking off Lois Lane is that you push the traffic that wants to go north onto Kaplan and onto Bethel and onto Oleson. What works better is just to spread it out and let it go to its locations that it wants to go to. We want it to go to San Marnan, get to Ridgeway and that is what the Fire Department was interested in was being able to get in there from Ridgeway Avenue because that is a quicker trip for public safety. Councilperson Greenwood commented the city is not going to pay for extending that street, it would be up to the people who own that land or want to develop that land. Mr. Temeyer responded that is correct. Councilperson Schmitt stated he thinks with the opening of Schukei Road, we are going to see some relief onto Hammond and Flammang when GMAC gets out. Councilperson Schmitt applauded the developers for starting on the east and working their way west. He thinks that is the right way to do it based on the current traffic patterns as we know them today and then the traffic can be assessed as we go along. Ron Varney, 3349 Hammond Avenue, stated all of the outlets that we are talking about are T -intersections. Lois Lane Ts into Hammond, Schukei Ts into San Marnan and its frontage road, Bethel Ts into Ridgeway, and that is why they have suggested looking at Sears. Sears is the only one with a major outlet that is set up to handle traffic of this nature. Mr. Varney stated the one thing that is being totally neglected here is what happens when the casino opens. Right now on Saturday mornings people use Hammond Avenue to sneak to the landfill. As a citizen if he can avoid the LaPorte Road/San Marnan corner, he does at all expense. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Motion carried. 124186 - Kincaid/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 124187 - Kincaid/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 384 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4834. 124188 - Gunderson/Greenwood that proof of publication of notice of public hearing on request of Atul Patel for a site plan amendment to the "S-1" Shopping Center District for construction of a hotel development on the lot generally located just south of the new Hampton Inn, located on the northwest corner of Bopp Street and LaPorte Road, as published in the Waterloo Courier on September 12, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124189 - This being the time and place of public hearing, the Mayor called for written and oral objections. Ryan Madison, 3303 Parkridge Road, asked if the developer is receiving any tax breaks for building this hotel. Mr. Madison stated he really doesn't think there should be more hotels right now. We have congestion of hotels out there, and there is not very much business out therefor hotels. Everybody is trying to pounce on where the casino is going to be and get a business out there, but right now there is no need for a hotel. Mr. Madison stated they built a Hampton Inn, and until the Extreme Home Makeover people came Hampton Inn had no more than two or three cars in that hotel, and the other hotels out there don't have very many cars either. Right now he doesn't' think there is a need for more hotels. After the casino is built we can see what kind of business it is going to bring and then maybe the council should review it, but right now he doesn't think there should be a building of a hotel. September 18, 2006 Hearings continued Mayor Hurley stated he appreciates Mr. Madison's comments, but he thinks there would be those who would argue with him. The hotel is not doing it because of the casino. Page 8 Councilperson Schmitt pointed out that the way the motion was read and the way it is written is for a hotel development, but we are talking about the addition of two hotels southeast of the new Hampton Inn. Gunderson/Schmitt that the hearing be closed and recommendation of approval of Programming and Zoning Commission and oral comments be received and file. Ayes: Six. Absent: Cole. Motion carried. 124190 - Gunderson/Greenwood Planning, placed on that "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-802. UNFINISHED BUSINESS 124191 - Welper/Greenwood that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $75,167.00 to Borwig Building Service, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Kimball Avenue A.D.A. Pedestrian Way, Contract No. 711, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-803. DOCUMENTS 124192 - Schmitt/Kincaid that communication from Senior Planner transmitting request of Jim Rhodenbaugh for tax exemptions on improvements totaling $120,000.00 for 1251 Lucas Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-804. 124193 - Schmitt/Kincaid that communication tax exemptions on located in the recommendation of from Senior Planner transmitting request of James Smith for improvements totaling $145,699.00 for 305 Hallowell Road Consolidated Urban Revitalization Area, together with approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-805. 124194 - Schmitt/Kincaid that communication from Senior Planner transmitting request of Phillip Caldwell for tax exemptions on improvements totaling $70,000.00 for 209 Candlewick Road located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-806. September 18, 2006 Documents continued 124195 - Schmitt/Kincaid Page 9 that communication from Senior Planner transmitting request of Izet Omeragic for tax exemptions on improvements totaling $11,978.00 for 823 Bertch Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-807. 124196 - Gunderson/Greenwood that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of. Insurance in the amount of $75,167.00 with Borwig Building Service, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Kimball Avenue A.D.A. Pedestrian Way, Contract No. 711, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No, 2006-808. 124197 - Gunderson/Greenwood that communication from City Planner transmitting Development Agreement with Young Development Co., L.C. (Company) to develop 9,600 sq. ft. building on 1.5 acre site along Highway 63, just southeast of the Wilbert Burial Vault site on east side of Marnie Avenue, with new taxable value of $450,000.00 and reimbursement for the $90,000.00 cost of the land over seven years, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-809. 124198 - Gunderson/Greenwood that communication from City Clerk transmitting application with Iowa Department of Transportation to place signs within State Highway Right of Way to allow Five Star Snow Trails Association to place snowmobile trail signs on city right-of- way, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-810. 124199 - Gunderson/Greenwood that communication from Associate Engineer transmitting Professional Services Agreement with Earth Tech to provide construction related services at a cost of $85,000.00 in conjunction with Riverwalk Loop Trail, East 6th to 18th Street, Contract No. 696, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-811. 124200 - Kincaid/Schmitt that communication from Senior Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal, Section 5.1 Preliminary Plat requirements and Section 5.2 Final Plat requirements for Preliminary and Final Plat of Shadow Creek Crossing Plat of Survey, be received, placed on file and "Resolution approving said variance", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-812. 124201 - Kincaid/Schmitt that communication from Senior Planner transmitting Preliminary Plat of Shadow Creek Crossing Plat of Survey, together with staff report, aerial photo, site development plan, plat of survey and report of the City Engineer, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-813. September 18, 2006 Page 10 Documents continued 124202 - Kincaid/Schmitt that communication from Senior Planner transmitting Final Plat of Shadow Creek Crossing Plat of Survey, together with staff report, aerial photo, site development plan, plat of survey and report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that because we passed all readings tonight and adopted the ordinance this just moves that process on to the preliminary and final plats. Don Temmeyer, Community Development and Planning Director, responded that is correct. There will still be some requirements like the sanitary sewer improvements that need to be approved by the city council as they come in and other parts of the documentation. They will go through the Building Department to do their actual building plans. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-814. 124203 - Kincaid/Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Summers' Enterprise of Masonville, Iowa in the amount of $170,930.00 in conjunction with F.Y. 2006 Rath Brownfields Area Demolition, Contract No. 708, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-815. RESOLUTIONS TO BE ADOPTED 124204 - Getty/Greenwood that "Resolution naming the following streets within the proposed Shadow Creek Crossing Development as Huntley Lane, Governor Court, Destin Drive, Crown Court, Talcott Court and Creekside Court and to name the private street extension of Lois Lane from the east end of existing Lois Lane to its dead end just east of the extension of Schukei Road as Lois Lane; and the public street extension of Schukei Road from the north end of existing Schukei Road to existing Bethel Street as Schukei Road and to rename a portion of the existing public street Bethel Street south of its intersection with Kaplan Drive as Schukei Road", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-816. 124205 - Getty/Greenwood that "Resolution authorizing the City Clerk to certify against 420-422 Locust Street unpaid demolition costs of $2,227.99 and 618-620 West 3rd Street unpaid demolition costs of $687.79", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-817. ORDINANCES TO BE ADOPTED 124206 - Welper/Gunderson that "an Ordinance vacating a portion of the southerly right-of-way generally located along San Marnan Drive from Ansborough Avenue west to Galactic Drive", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4835. 124207 - Welper/Gunderson that "Resolution authorizing sale and conveyance for $1.00 to VGM Management, Ltd. a portion of the southerly right of way generally located along San Marnan Drive from Ansborough Avenue to Galactic Drive", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-818. • September 18, 2006 Page 11 Ordinances to be Adopted continued 124208 - Schmitt/Gunderson that "an Ordinance amending the 2003 Traffic Code by: repealing Subsection (25) Wellington Street of Section 579, No Parking Any Time Except Sunday; and enacting in lieu thereof a new Subsection (25) Wellington Street of Section 579, No Parking Any Time Except Sunday; and adding Section 580B, No Parking Any Time Except Sunday and Friday P.M. (allowing parking on the north side of Wellington Street between West 1" and West 2nd Streets on Sunday and Friday p.m)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Joanne Moore, 212 Wellington Street stated she and others who live between those two streets on Wellington object to this ordinance, and they have not had a chance to publicly state their opinion. Ms. Moore stated regarding safety there is not enough roadway for two sides of parking and two vehicles to go down that road safely. Their proposal is that there be no parking at all on the north side of the street. In the past, she has witnessed a child almost killed because it was almost hit, it ran out and there was no visibility. The gentleman who was driving happened to be going very slowly and it was easy for him to stop. She doesn't believe with parking on both sides that the road is wide enough for an emergency vehicle, and she would like to hear from the Fire Department. She knows of another fire on Wellington several blocks from them, and the Fire Department did not have enough room with parking on both sides of that street to get its emergency vehicles down to the fire. There is illegal parking that has been occurring there since the sign was put up that said there was no parking except on Sundays. The original sign that was there when she and her husband moved into their home said no parking at all. That same rule is only a block west of them between First and Mullan on Wellington, it says no parking at all. Ms. Moore submitted pictures that were taken last Friday. She pointed out there was illegal parking at that time on the north side of the street. Others in the neighborhood have been calling the police every time this happens since the no parking except Sunday sign was put up. The police do not respond until after all of the cars are gone. Also in these pictures the car that is facing toward the east on the south side of the street is parked too close to the stop sign. When you try to make a turn into Wellington to go to their home you cannot see, and the cars are racing down Wellington heading east, and they have almost collided with them in the past. The pictures also show there are two other situations of illegal parking. They park across the sidewalks, and one also shows illegal parking on the grass. There are two religious groups that have buildings that they meet in on that corner. She is not against one or the other because her husband is a pastor. They have a right to worship, but the issue is there is not enough parking there adequate to convey parking on both sides of the street. Ned DeBerg, Fire Chief, stated if the Mayor would like the Fire Department could take a look at it. The Fire Department has not, up to this point, been asked to look at this street, which normally they would. Councilperson Gunderson asked how wide is this street. Looking at the pictures it appears that there are cars on both sides that two cars could pass each other, but he would like to know how wide this street is. Councilperson Getty stated Ms. Moore has called several times, and he asked Sandie Greco to look at it. He would like to table the ordinance and have the Fire Department look at this area on Wellington, because it is his understanding that it is wide enough, but he would like the Fire Department to make that decision and come back to the council. Getty/Greenwood that the above ordinance be tabled for one week. Ayes: Six. Absent: Cole. Motion carried. 124209 Gunderson/Welper that "an Ordinance amending the 2003 Traffic Code to stop traffic on both sides of the T -intersection of the Kimball Avenue Access and no -name street by the Walgreen's entrance", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. September 18, 2006 Page 12 Ordinances to be Adopted continued 124210 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole, Motion carried. 124211 - Gunderson/Welper that "an Ordinance amending the 2003 Traffic Code to stop traffic on both sides of the T -intersection of the Kimball Avenue Access and no -name street by the Walgreen's entrance", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4836. NEW BUSINESS 124212 - Kincaid/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Fire Training Center Burn Pad and Burn Tower Paving, Contract No. 715, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 124213 - Kincaid/Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Fire Training Center Burn Pad and Burn Tower Paving, Contract No. 715, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124214 - Kincaid/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-819. 124215 - Kincaid/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as October 2, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-820. ORAL PRESENTATIONS 124216 - Tavis Hall, 1047 Langley, invited Mayor Hurley and council members to the Iowa Democratic Party event. Mr. Hall thanked the council for approving their request for the variance to the noise ordinance earlier on tonight's agenda. Ryan Madison, 3303 Parkridge Road, submitted pictures of houses on Independence Avenue, two blocks away from East High as well as across the street from the juvenile detention center and metro school. Mr. Madison stated he thinks .these houses standing up down the street from a school is ridiculous. If he were a student and walked by this everyday he would ask himself what does this city think about his future with those houses standing there. When he first saw those houses it literally brought tears to his eyes to see students walk past these houses everyday and the city has done nothing about it. Mr. Madison stated he knows the city is going to tell him we don't have the funding for it, but we didn't have the funding last year. Mr. Madison stated the council got a raise, we didn't have the funding, and we give out tax breaks all the time, and he thinks there should be some funding to get rid of these houses. Mr. Madison stated the city can give him permission and he will take a wheel barrel and a sledgehammer and go take them down himself, take the time off from work because these abandoned structures are pretty much uncalled for. Mayor Hurley responded the houses may not be down, but he thinks it is a little unfair and premature for Mr. Madison to say that we haven't done anything. • • September 18, 2006 Oral Presentations continued Page 13 Rudy Jones, Community Development Director, stated as of last week, the city is finishing up on the asbestos work and preparation for the demolition on those houses, and he would anticipate that they would be down within the next 30 days. Mr. Jones stated he believes they are 201 and 205 Independence Avenue. Mayor Hurley told Mr. Madison he has a good citizen perspective and concern, and he apologized to him if he was a little testy with him. Mayor Hurley stated his reason is we sit in that back room, there must be about 20 of us from different disciplines, attacking this sort of thing and it is very frustrating. Mayor Hurley stated we have to chase titles and we have to do this very legally. Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 124217 - Getty/Gunderson that the Council adjourn at 6:47 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy ert, CMC City Clerk