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HomeMy WebLinkAboutMinutes-06/12/2000• • June 12, 2000 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, June 12, 2000. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Stanley Kennedy, Retired Methodist Minister. Pledge of Allegiance: Larry Cunningham, Superintendent of Central Garage. ORAL PRESENTATIONS 113896 - Sandra Issacs, 711 West 1st Street, stated that she got a parking ticket at her residence for parking between the sidewalk and the curb, and that she has been doing this for 22 years. Ms. Issacs asked why the residents weren't warned they would get a ticket if they parked there. Ms. Issacs commented that she realizes there is a parking regulation in the Traffic Code, that up to 1993 citizens could park in the parking. Ms. Issacs stated that in 1993 the street was torn up, and they were told that there probably wouldn't be any problem with their parking in the parking, but technically they were in violation. The curb cut was put in, and they continued to park another seven years. Councilperson Getty stated that the neighborhood association asked the Police Department to look at parking in the parking. Councilperson Getty stated that citizens were informed by newspaper and TV of the Police Department's efforts to enforce the ordinance. Ms. Issacs reported that she does not read the papers or watch TV. Councilperson Getty stated that the city is not required to provide off street parking for private parking. Ms. Issacs stated that she could understand ticketing violators if there are illegal dealings or unsightly materials. Councilperson Getty reported that to change the ordinance a person would need to ask the city council to change it. Councilperson Getty stated that the city will be looking at this. Ms. Issacs stated that she feels the city's dollars are better served enforcing other laws, and she wants the law to be null and void. Ms. Issacs stated that just because the cars are there, its not fair; she could see it if children were playing in the area. Robert Sieglaff, 914 West 3rd Streets, stated that he is against removing this ordinance, that parking in the parking makes neighborhoods look junky. Mr. Sieglaff commented that he is for getting out and nailing these people. Councilperson Krizek reported that she had 17 different communications today regarding the tickets, and she would have liked the courtesy of the Police Department letting her know they were going to be writing tickets. Councilperson Krizek stated that the city needs to sit down with these people and the neighborhood association. Councilperson Anders stated that he did not receive any calls, but asked why the Police Chief is reacting to a neighborhood association when he should take orders from the Mayor and Council. Councilperson Anders stated that he wishes that it would have come before the council before the police started ticketing. Police Chief Bernal Koehrsen stated that the Police Department will not come to the council to enforce every code. Once an ordinance is passed, the council is telling him this is the law, and the Police Department needs to enforce laws as written. Chief Koehrsen stated that this is an old law, not a new law. Chief Koehrsen noted that the Police Department has enforced this law every week for twenty years. Chief Koehrsen stated that this is simply city property between the street and the sidewalk. Chief Koehrsen stated that the council is currently talking about parking on the front yards. Chief Koehrsen stated that once an ordinance is passed, the council gives him the direction to enforce it. Chief Koehrsen stated that this is a very low priority, its about as low a priority as we can get. Councilperson Krizek stated that she received a lot of complaints that they were given a ticket when parking in their driveway, and that it was not explained to them that the area between the sidewalk and the street belongs to the city. They have parked there for 20 years, and now they get a ticket. June 12, 2000 Page 2 ORAL PRESENTATIONS CONTINUED Jeff Issacs, 711 West 1st Streets, stated that when the city fixed the street the sewer collapsed, and then the city put in the curb cut. Mr. Issacs stated that the no parking area does not extend beyond the driveway. Mr. Issacs stated that the sidewalk had to be excavated, a new curb cut put in and then graded. Mr. Issacs stated that he got a ticket 20 years ago because he blocked the sidewalk. Mr. Issacs stated that West lst Street has no parking on the other side of street so people on the other side park on his side of the street. Mr. Issacs stated that he doesn't mind the ticket, but he has a problem with not getting a warning. Mr. Issacs stated that if the neighborhood association didn't like the way they were parking he wishes they would have knocked on his door and let him know. Charles Pearson, 1137 Ravenwood, stated that this summer the Downtown Athletic Club will be hosting Juneteenth 2000 World Wide Celebration at Gates Park. The events will be from June 16-18, 2000. Mr. Pearson stated that to establish their creditability with the youth of the city, the Downtown Athletic Club decided to put together an attractive festival that the whole city could enjoy. Mr. Pearson stated that the media does not give enough advertising to the eastside. Mr. Pearson stated that there will be a teen dance and all city pool party on June 16. On June 17, there will be a Blues & Jazz Blowout at Club 30 Something and a Bosnian soccer game. This will give the neighborhood associations and vendors recognition and showcase their talents. Mr. Pearson stated that the city has not stepped in to enhance the African American businesses we have in the community, and that Community Development has not taken the initiative regarding these businesses. Mr. Pearson thanked the Leisure Services Department and Fire Department for their support. Jordan/Murphy that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 113897 - Jordan/Gronen that the Agenda, as proposed, for the Regular Session on Monday, June 12, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 113898 - Murphy/Anders that the Minutes, as proposed, for the Regular Session on Monday, June 5, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS 113899 - Krizek/Gronen that proof of publication of notice of public hearing on the proposed extension of boundaries for the Consolidated Urban Revitalization Area (CURA), as published in the Waterloo Courier on June 1, 2000, be received and placed on file. Ayes: Seven. Motion carried. 113900 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Chris McDaniel, 184 Sabrina Circle, stated that he represents the families in the area. Mr. McDaniel stated that they have a lot of questions, and they are not sure what's going on. Mr. McDaniel asked the council to hold off and come out and discuss the change with them. Mr. McDaniel asked why this development would get tax breaks. Councilperson Getty stated that the tax breaks are incentives for those building. Mr. McDaniel stated that their feeling is that it is nice to have people out there because they like the surrounding not because of the tax incentives. Mr. McDaniel stated that they don't want the area developed too quickly or the wild life destroyed. Most of the people feed the birds and wildlife. Councilperson Krizek stated that this item went before the Planning, Programming and Zoning Commission, and she asked if notices were sent to the neighbors. Don Temeyer, City Planner, stated that there was a notice given for this hearing, but no notices were mailed. Mr. Temeyer stated that he would be glad to visit the neighborhood, and he suggested the council pass this ordinance for only the first reading. Mr. Temeyer noted that the new property owners want the CURA, and thurrent homeowners would be eli e if they make repairs. June 12, 2000 • • HEARINGS CONTINUED Page 3 Councilperson Jordan suggested passing for the first reading and visiting with the neighbors. Councilperson Murphy agreed to pass for first reading only, and stated this is a benefit for all. Councilperson Jordan asked the developers to visit with the neighbors. Councilperson Anders stated that he spoke with Mr. McDaniel who raised a lot of questions. Councilperson Anders stated that some of the people missed the notification, and that the property owners need more information. Councilperson Anders suggested passing for the first reading, meet with the neighbors and come back next week. Val Martin, 3433 Rosehill Terrace, stated these will be good houses, 1,144 sq. ft. conventionally built homes. Ms. Martin noted that an advantage to people already living in the area is that they will be able to get abatements on improvements. Jordan/Murphy that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 113901 - Jordan/Anders that "an Ordinance extending the boundaries for the Consolidated Urban Revitalization Area (CURA)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 113902 - Krizek/Gronen that proof of publication of notice of public hearing on request of Aramark to vacate, sell and convey portions of the alley abutting property generally located at the northeast corner of Linden Avenue and Fowler Street for $1.00, as published in the Waterloo Courier on June 1, 2000, be received and placed on file. Ayes: Seven. Motion carried. 113903 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. A resident at 717 Linden Avenue stated that she lives two houses from the alley. She stated that she has used the alley for 16 years and it is a necessity because there is no other way to get out. She noted that sometimes Aramark is blocking Linden and sometimes the alley is blocked by drivers. She stated that she considers the alley a public necessity. Larry Bedard, 1938 Franklin Street, stated that he worked with Armark for three years, giving them information. Mr. Bedard stated that he is definitely opposed because it would block him off, and that he has used the alley for three years. Mr. Bedard stated that he has tried to work with Aramark to have them agree to make it part of the public record that he would have access to alley and others who may purchase the property would have access to alley. Mr. Bedard stated that cutting the alley would literally put him out of business, and he is opposed. Jon Wagner, Aramark Production Manager, stated that three weeks ago, upon Mr. Bedard's request, they brought out a tractor, and it was acceptable each way other than the driver cut into city property. Mr. Wagner stated that there is no problem with truck traffic from the north and south. Mr. Wagner stated that Aramark plans on leaving the alley open. Councilperson Gronen stated that the semi had a problem from both directions and in both instances they broached the sidewalk. Councilperson Jordan asked if Aramark would agree to make part of public record that they will leave the alley open. Mr. Wagner stated that they would not because it is a liability issue. Mr. Bedard stated that he has been at the warehouse for 15 years, and it is very difficult to drive up Linden Avenue and back up, and now that the railroad is out it will be a piece of cake. Mr. Bedard stated that it is impossible to drive straight up Linden Avenue. June 12, 2000 Page 4 HEARINGS CONTINUED Jordan/Gronen that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, letter of opposition, and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 113904 - Jordan/Berry that "an Ordinance vacating the interior alley portion abutting property generally located at the northeast corner of Linden Avenue and Fowler Street", be received, placed on file, considered and passed for the first time, and that the portion of the alley to be vacated generally located between the railroad property and Aramark property to the north be tabled indefinitely. Ayes: Seven. Motion carried. 113905 - Krizek/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Anders. Motion carried. 113906 - Jordan/Murphy that "an Ordinance vacating the interior alley portion abutting property generally located at the northeast corner of Linden Avenue and Fowler Street", be considered and passed for the second and third times and adopted. Ayes: Six. Nays: Anders. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4421. 113907 - Jordan/Murphy that "Resolution authorizing said sale and conveyance of the interior alley portion abutting property generally located at the northeast corner of Linden Avenue and Fowler Street", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Nays: Anders. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-321. PETITIONS FROM PUBLIC 113908 - Krizek/Jordan that communication from Senior Planner transmitting request of Robert L. Smith, Sr. to rezone from "A-1" Agricultural District to "R-1" Residence District property generally located south of Ranchero Road and east of the Hudson city limits, together with recommendation of denial of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as July 10, 2000, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-322. 113909 - Krizek/Jordan that communication from City Clerk transmitting request of Larry Anfinson, 2205 Katoski Drive, for a variance to the Noise Ordinance on June 17, 2000, from 3:00 p.m. to 1:00 a.m. in conjunction with live band playing at an outdoor party at his residence, together with recommendation of Police Chief to approve the hours of 3:00 p.m. to 11:00 p.m., be received, placed on file and "Resolution approving said request for the hours of 3:00 p.m. to 11:00 p.m.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-323. 113910 - Krizek/Jordan that communication from City Engineer transmitting request of Ruth M. Harrison for a waiver for a concrete driveway to be located at 5850 Kimball Avenue be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-324. June 12, 2000 • • PETITIONS FROM PUBLIC CONTINUED 113911 - Krizek/Jordan Page 5 that communication from Senior Planner transmitting request of adjacent property owners to convey property known as Children's Neighborhood Park generally located in Kingbard Hill Addition Block 203 be received, placed on file and "Resolution setting date of hearing as July 3, 2000, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-325. 113912 - Krizek/Jordan that communication from Senior Planner transmitting request of adjacent property owners to convey property known as Children's Neighborhood Park generally located in Prospect Place Block 282 be received, placed on file and "Resolution setting date of hearing as July 3, 2000, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-326. REPORTS 113913 - Jordan/Anders that communication from City Clerk transmitting May 2000 Financial Report, with total revenues in the amount of $7,096,884.12 and total expenditures in the amount of $13,353,713.12, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 113914 - Anders/Jordan that communication from Fire Chief transmitting application for Centers for Disease Control and Prevention grant in the amount of $200,000.00 in conjunction with school-based injury prevention program for pre-schools and elementary schools be received, placed on file and "Resolution approving said application", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-327. 113915 - Anders/Jordan that communication from Assistant City Engineer transmitting a 28E Agreement with Black Hawk County in conjunction with design, letting, construction and inspection of a subdrain project on both sides of East Donald Street from Sage Road to Raymond Road, at a cost of $144,000.00, with city's share of $36,000.00, be received, placed on file and "Resolution approving said 28E agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute ' same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-328. 113916 - Anders/Jordan that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in conjunction with F.Y. 1998 Northeast Industrial Park Paving, RM -8155(32)-9D-07, Contract No. 576, be received, placed on file and "Resolution approving said documents", be adopted and two-year maintenance bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-329. 113917 - Anders/Jordan that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Concrete Foundations, Inc., of Sumner, Iowa, in conjunction with F.Y. 1997 Martin Road Paving, Contract No. 532, be received, placed on file and "Resolution approving said documents", be adopted and two-year maintenance bond be received and placed on file. Ayes: Seven. June 12, 2000 Page 6 DOCUMENTS CONTINUED Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-330. 113918 - Anders/Jordan that communication from Fire Chief transmitting Special Partners in Community Enhancement (SPICE) grant in the amount of $5,000.00 for bike equipment for the Bicycle Safety Program be received, placed on file and "Resolution approving said grant", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-331. RESOLUTIONS TO BE ADOPTED 113919 - Jordan/Anders that Tax Exemption Certificate for $5,400,000.00 General Obligation Bonds, Series 2000, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 113920 - Berry/Krizek that Continuing Disclosure Certificate for $5,400,000.00 General Obligation Bonds, Series 2000, be received, placed on file and approved. Ayes: Seven. Motion carried. 113921 - Krizek/Murphy that "Resolution authorizing issuance of $5,400,000.00 General Obligation Bonds, Series 2000, and levying a tax to pay said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-332. 113922 - Anders/Jordan that abatement of special assessments for city -owned property located at W. 10th Street, former 922 Franklin, former 214 Greenwood, 308 Newell Street and 742 Conger Street be received, placed on file and "Resolution approving said abatement", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-333. BILLS PAYMENT 113923 - Krizek that "Resolution approving Schedule AP640, pp. 1-85, dated June 12, 2000, in the amount of $2,070,656.61, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-334. NEW BUSINESS 113924 - Berry/Jordan that communication from Senior Planner transmitting amendment to the Zoning Ordinance as it pertains to adding Senior Organ Training Center to the list of permitted uses in "R-4" Multiple Residence District, together with recommendation of approval of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as July 10, 2000, at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-335. 113925 - Berry/Jordan that communication from City Planner transmitting recommendation of appointment of Noel Anderson to the position of Assistant City Planner effective June 13, 2000, be received, placed on file and approved. Ayes: Seven. Motion carried. • • June 12, 2000 • • NEW BUSINESS CONTINUED 113926 - Berry/Jordan Page 7 that communication from City Planner transmitting recommendation of appointment of Melissa Edsill to the position of Associate Planner, effective July 3, 2000, be received, placed on file and approved. Ayes: Seven. Motion carried. 113927 - Marshal Iehl, 3570 Logan Avenue, presented a petition from residents adjacent to U.S. Highway 63, north of Airline Highway and south of the city Limits to install an emergency siren at the Garden of Memories Cemetery. Mr. Iehl stated that the siren at the Donald Street Fire Station is below their house in elevation and more than a mile away, and if you are inside your home in this area you cannot hear the sirens. Mr. Iehl stated that this area has been in the city for 35 year and they never hear the sirens when they go off to alert them of danger. Mr. Iehl stated that they feel it is past due to give them the same service that the rest of the city has. Mayor Pro Tem Getty stated that the petition will be passed along to Gary Blair, Director of Emergency Management of Black Hawk County. Getty/Jordan that the petition and above oral comments be received and placed on file. Ayes: Seven. Motion carried. TRAVEL REQUESTS 113928 - Gronen/Jordan that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Jake Jacoby to transport art exhibition to Denver, Colorado, on May 30 -June 1, 2000, with costs not to exceed $490.00, including use of city vehicle. Ayes: Seven. Motion carried. MISCELLANEOUS 113929 - Jordan/Krizek that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department. 1. Beer/Liquor License Permit Application Class C Knights of Columbus, 1955 Locke Avenue (Renewal) (Expires 7/1/01) (Includes Sunday Sales) Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/28/01) 2. Liquor License Permit Application Class E Hy -Vee, Inc., 2052 Logan Avenue (Renewal) (Expires 7/10/01) (Includes Sunday Sales) Ayes: Seven. Motion carried. BONDS 113930 - Krizek/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through June 12, 2000, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 113931 - Berry/Gronen that the Council adjourn at 6:36 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk