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HomeMy WebLinkAbout12/18/95December 18, 1995 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m., on Monday, December 18, 1995. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff. Christmas Caroling by Grant School Invocation by: Grant School Children Pledge of Allegiance: Terry Lorenzen, Airport Director Recognition of Week: Firstar Bank Iowa, Don Lindaman, President 105935 - Mollenhoff/Collier that the Agenda, as amended, for the Regular Session on Monday, December 18, 1995 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 105936 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Monday, December 11, 1995 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff performed swearing-in of Officers Kerry Condon and Darcy Canby. Mayor Rooff recognized the promotion of Richard Boesen to rank of Police Lieutenant, and John Daws and Timothy Pillack to the rank of Police Sergeant. HEARINGS 105937 - Anders/Mollenhoff that proof of publication of notice of public hearing on request of Earl Baugh for a "R-4" Multiple Family Residence District/"C-Z" Conditional Zoning site plan amendment for property located at 3600 Kimball Avenue to allow a video store, a dry cleaning drop-off and pick-up store, and other rental spaces, as published in the Waterloo Courier on December 7, 1995, be received and placed on file. Ayes: Seven. Motion carried. 105938 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Mollenhoff/Collier that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 105939 Jordan/Murphy that "Resolution approving above described site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-745. 105940 - Murphy/Mollenhoff that proof of publication of notice of public hearing of request of Mercy Housing of Iowa, L.P. to rezone from "R-2" One & Two Family Residence District to "R-3" Multiple Family Residence District property generally located at the southeast corner of the intersection of Shilliam and Halstead containing five lots; the northeast corner of the intersection of Bates and Merriman Streets containing three lots; and property located between Willow and Albany Streets, east of Mobile Street, to develop affordable housing for low and medium income families, including elderly persons, in townhouse type structures, as published in the Waterloo Courier on December 7, 1995, be received and placed on file. Ayes: Seven. Motion carried. 105941 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections. Sister Mary Martinson, represents Mercy Housing, which is sponsoring the development. Mercy Housing was formed by the Sisters of Mercy to assist and contribute to the citizens in the communities where they live. The development is located on scattered sites and Mercy Housing will be responsible for fifty years of management for the building. Mercy Housing has developed a strong lease which allows for the eviction of tenants involved in criminal or drug activity. Heavy screening will be done on each applicant to assure that they are committed and able to fulfill all terms of the lease. When the plan was brought to the Planning Commission there were stated objections to the establishment of another Logandale Apartments. After meeting several times with concerned citizens and holding a neighborhood meeting at the Martin Luther King Center there is support for this project by area residents and churches. December 18, 1995 Page 2 Hearings - continued Sister Mary Martinson introduced the architect, Darrell Anderson, to present and explain the site plan to the council. Anderson reported that when their firm was approached by Heartland Housing the firm was interested in developing plans to provide affordable housing to the community and a very successful relationship has developed. The firm has designed the site plans to incorporate successful community housing criteria such as: scattered sites, no internal corridor system, landscaping and a large amount of greenspace. The family housing is designed with first floor living space and second floor sleeping areas. It also incorporates a front yard and back patio concept for each residence. Councilperson Collier inquired whether there will be a mixing of the elderly and family units. Martinson explained that the elderly housing is planned as single story duplex dwellings and are separated from the family housing sites but that management has not precluded the elderly from accessing the family housing if it is requested. Venella Byrd, 533 Beech St, informed the council that she personally attended the meetings that Sister identified and after speaking with the group, she is very much in favor of the project. She is happy that the owners are local residents and will be available to be contacted. She feels the Sisters are trustworthy citizens. She asked the council for support of this plan and promised that as the closest neighbor to the development she will be the watchdog. Councilperson Getty stated his concern with the low income housing connotation that is attached to this development. Sister Martinson reported that this was misrepresented in the newspaper and is not a low income housing complex but rather designed to be affordable housing. The tenants must complete credit information and have jobs to be rented any of the units. Councilperson Mollenhoff asked if the application process was patterned as self-sufficiency housing? Martinson explained that it is directed as an upward mobility process and requires goal setting by the tenants but there is no written contract. Andy Roby, 717 Adams, asked the council to consider the psychology of the residents and what they can afford. He reminded the council that the area has an attitude of making something of itself. Reverend Jerald Dolf, chairperson of the Black Hawk Homeless Coordinating Board, presented a letter of support for this project from the Board. Duane Ehlers asked if the housing will accept section eight vouchers, he stated that there are too many units in the City now and the rents are being reduced by HUD. Sister Mary Martinson stated that section eight will be accepted but the tenant must also meet the other application requirements. The housing is not targeted towards section eight but would not discriminate in their acceptance of tenants because of it. Getty/Jordan that the hearing be closed and the 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. 105942 - Mollenhoff/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 293 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 105943 - Jordan/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Collier. Motion carried. 105944 Following the first reading of the ordinance, Councilperson Collier asked for additional time to speak with the residents and developer about this project before final adoption of the ordinance is considered. Mollenhoff/Jordan to table the second reading for two weeks as requested. Sister Martinson addressed the council asking for reconsideration of the delay. The financial plan needs to be submitted by the first of the year or the project could be unduly delayed. Mayor Rooff proposed that a special session be set for Thursday, December 21st to allow for the additional time for Collier to speak with the parties and still meet the financial deadline. The motion to table was withdrawn by the maker and second of the motion. Mollenhoff/Collier that the following ordinance be recorded as having been considered and passed for the second time. Ayes: Seven. Motion carried. December 18, 1995 Hearings - continued 105945 - Mollenhoff/Jordan Page 3 that proof of publication of notice of public hearing on request of Corkery Waste Disposal to vacate, sell and convey the platted street right-of-way known as Dunham Place, southerly of Water Street and west of Nevada Street for $1,800, as published in the Waterloo Courier on December 7, 1995, be received and placed on file. Ayes: Seven. Motion carried. 105946 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Jordan/Murphy that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 105947 - Mollenhoff/Collier that "an Ordinance vacating the platted street right-of-way known as Dunham Place, southerly of Water Street and west of Nevada Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. Councilperson Collier now absent. 105948 - Krizek/Anders that proof of publication of notice of public hearing on proposed amendments to Zoning Ordinance No. 2479, as amended, as it pertains to site plan review in the "S- 1" Shopping Center District to allow approval through the administrative review of the Planning, Programming and Zoning staff a store addition which does not increase the existing floor area by more than ten percent or 5,000 square feet whichever is greater, as published in the Waterloo Courier on December 7, 1995, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 105949 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Murphy/Jordan that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 105950 - Krizek/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, as it pertains to site plan review in the "S-1" Shopping Center District to allow approval through the administrative review of the Planning, Programming and Zoning staff a store addition which does not increase the existing floor area by more than ten percent or 5,000 square feet, whichever is greater", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Collier. Motion carried. 105951 - Mollenhoff/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried. 105952 - Jordan/Murphy that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Collier. Motion carried. 105953 - Jordan/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, as it pertains to site plan review in the "S-1" Shopping Center District to allow approval through the administrative review of the Planning, Programming and Zoning staff a store addition which does not increase the existing floor area by more than ten percent or 5,000 square feet, whichever is greater", be adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4142. 105954 - Jordan/Murphy that proof of publication of notice of public hearing on request of Horizon Investment & Development Corp. to rezone from "R-3" and "R-4" Multiple Family Residence District to "R-3" Multiple Family Residence District/"C-Z" Conditional Zoning two parcels of property generally located on the south side of the intersection of Rachel Street and Pheasant Lane, approximately 225 feet west of the Kimball Avenue frontage road containing 4 acres, to develop for apartments for independent senior citizens, as published in the Waterloo Courier on December 7, 1995, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. December 18, 1995 Page 4 Hearings -continued 105955 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Mollenhoff/Jordan that the hearing be closed and communication from Horizon Investment & Development Corp. to withdraw request be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. PETITIONS FROM PUBLIC 105956 - Murphy/Mollenhoff that communication from City Planner transmitting request of Mercy Housing Iowa, L.P. (Heartland Housing Initiative) to vacate, sell and convey portions of Ash Street and Shilliam Avenue rights-of-way generally located north of Albany Street and east of Mobile Street for $1,094.40 and $4,998.00 respectively, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 16, 1996 at 7:00 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: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-746. 105957 - Anders/Jordan that communication from City Planner transmitting request of Weyerhaeuser Company - Waterloo to rezone from "R-2" One and Two Family Residence District to "M-1" Light Industrial District property generally located south of Brees Street, north of West Parker Street, east of Ashland Avenue and west of Grandvew Avenue to develop for a parking lot, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 16, 1996 at 7:00 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: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-747. REPORTS 105958 - Mollenhoff/Krizek that communication from City Clerk transmitting November 1995 Financial Report, with total revenues in the amount of $7,565,673.74 and total expenditures in the amount of $8,005,878.91, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. DOCUMENTS 105959 Krizek/Mollenhoff that communication from Associate Engineer transmitting completion of project and recommendation of acceptance of work performed by Sta-Bilt Construction Co., Inc. of Harlan, Iowa in conjunction with F.Y. 1995 Cedar Terrace Area Seal Coat Program, Contract No. 495, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-748. 105960 - Getty/Murphy that communication from Associate Engineer transmitting maintenance bond for work performed by Sta-Bilt Construction Co., Inc. of Harlan, Iowa in conjunction with F.Y. 1995 Cedar Terrace Area Seal Coat Program, Contract No. 495, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 105961 - Jordan/Murphy that communication from Traffic Engineer transmitting completion of project and recommendation of acceptance of work completed by the Traffic Operations Department in conjunction with Traffic Signals at Brookeridge Drive at Kimball Avenue, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-749. December 18, 1995 Documents - continued 105962 - Krizek/Mollenhoff Page 5 that communication from City Planner transmitting an agreement with the Iowa Department of Transportation for Revitalize Iowa's Sound Economy (RISE) funding in the amount of $3,659,485 in conjunction with Martin Luther King Jr., Drive, RM - 8155(15) --9F--07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-750. 105963 - Murphy/Jordan that communication from City Planner transmitting a design engineering agreement with RUST Environment and Infrastructure at a cost of $72,600, of which the city must pay $36,300, in conjunction with Bishop Avenue North Extension between Martin Luther King Jr. Drive and Newell Street, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-751. 105964 - Mollenhoff/Jordan that "Resolution approving a merchant bankcard processing agreement with Homeland Bank, N.A. to allow Young Arena to process payment of charges created by cardholders of VISA, MasterCard and other credit cards", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-752. RESOLUTIONS TO BE ADOPTED 105965 - Anders/Mollenhoff that "Resolution setting new date of hearing as January 8, 1996 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of former RTC property located at 57 Mulberry Street to Linda Andrews for $27,500, with the city paying closing costs not to exceed $450, subject to loan approval and IHAP grant", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-753. 105966 - Mollenhoff/Anders that "Resolution setting new date of hearing as January 8, 1996 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of former RTC property located at 713 Kern Street to Katherine D. Newman for $27,500, with the city paying closing costs not to exceed $650, subject to loan approval", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-754. 105967 Krizek/Murphy that "Resolution approving renewal Annual Contributions Contract (A.C.C.) No. IA050V00024 to replace Section 8 Housing Voucher Contract No. IA05V00011 which expired on September 30, 1995", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-755. 105968 - Murphy/Jordan that "Resolution authorizing commencement of condemnation proceedings for property located at 3110 Easton Avenue in conjunction with the Water Pollution Control Facility Improvement Project", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-756. 105969 - Anders/Jordan that "Resolution changing the location and time of the regular City Council meeting on Tuesday, January 2, 1996 to the Waterloo Recreation & Arts Center, Petersen Town Hall, at 4:00 p.m.", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-757. ORDINANCES TO BE ADOPTED 105970 - Mollenhoff/Jordan that "an Ordinance vacating the 16 foot north -south alley generally located from Dearborn Avenue to Lafayette Street, between Colorado and Indiana Streets and sale and conveyance of a portion of the 16 foot north -south alley", be tabled to January 16, 1996. Ayes: Six. Absent: Collier. Motion carried. December 18, 1995 Ordinances to be Adopted - continued 105971 - Jordan/Mollenhoff Page 6 that "an Ordinance amending the 1991 Traffic Code by: prohibiting parking on Alexandra Drive on the west side from Flammang Drive to Southtown Drive and on Southtown Drive on the north side from Hammond Avenue to Alexandra Drive, and adding no parking here to corner on W. Fifth Street on the northeast side in northerly direction from South Street, and removing parking on the south side of Louise Street from East Fourth Street to Mildred Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Collier. Motion carried. 105972 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried. 105973 - Mollenhoff/Jordan that "an Ordinance amending the 1991 Traffic Code by: prohibiting parking on Alexandra Drive on the west side from Flammang Drive to Southtown Drive and on Southtown Drive on the north side from Hammond Avenue to Alexandra Drive, and adding no parking here to corner on W. Fifth Street on the northeast side in northerly direction from South Street, and removing parking on the south side of Louise Street from East Fourth Street to Mildred Avenue", be recorded as having been considered and passed for the second and third times and adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4143. BILLS PAYMENT 105974 - Krizek that "Resolution approving Schedule AP640, pp. 1-108 dated December 18, 1995 in the amount of $1,185,662.21, a copy of which is on file in the City Clerk's office", be adopted, with Councilperson Jordan abstaining on PV 2713 and 3538. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-758. NEW BUSINESS 105975 - Mollenhoff/Anders that communication from Superintendent of Streets transmitting recommendation of appointment of Blaine Holder, Ken Harkrider and Rose Parham to the position of Utility Operator, effective January 2, 1996, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. Councilperson Collier now present. Travel Requests 105976 - Murphy/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Cammie Scully, Art Director, to visit artists, pick up artwork and view exhibition in W. Lafayette and Chicago, Illinois on December 13-16, 1995, with costs not to exceed $475.00, including the use of city vehicle. 2. Cammie Scully, Art Director, to meet regarding an exhibit and to participate in a conference planning meeting in Sioux City, Iowa on January 4-5, 1996, with costs not to exceed $125.00. 3. Dean Fagerlind, Golf Course Coordinator; and Mark Suchy, Dave Christians, and Tom Klein, Golf Maintenance III, to attend IGCSA Annual Turfgrass Conference in Des Moines, Iowa on January 22-24, 1996, with costs not to exceed $105 per person. Ayes: Seven. Motion carried. MISCELLANEOUS 105977 - Mollenhoff/Murphy 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 License Permit Application Class C Big 10 Mart, 127 Jefferson (Renewal) (Expires 1/13/97) (Includes Sunday Sales) Crawford Laundromat, 523 Logan Avenue (Renewal) (Expires 9/7/96) (Includes Sunday Sales) December 18, 1995 Page 7 Miscellaneous - continued 2. Beer/Liquor License Permit Application Class C The Board Room, 504 Sycamore Street (Renewal) (Expires 12/29/96) (Includes Sunday Sales) Ayes: Seven. Motion carried. ORAL PRESENTATIONS 105978 Carol Norris, owner of 522 Colorado, asked why the sale and conveyance of the alley to her was tabled. She reported that she didn't have any notification about the hearing to be held. She also stated that the only conversation she had with anyone about purchasing the property was through a phone call to Planning to find a resolution to the problem. She reported that she did state that as a last resort she would purchase the section behind her house. Norris reported that she has been complaining about the blocking of the alley by Mr. Penn since last April. The residents have been using the curb cut by Lafayette School for many years as access to the alley but when Penn purchased the property and identified that the alley easement went under the building and not through the curb cut Penn blocked the exit with timbers. Many neighbors use the access and would like it returned to the original condition. City Planner Don Temeyer reported that after speaking with Ms. Norris today it was decided to table this item to allow staff time to work out an acceptable alternative to the change in alley with Mr. Penn and the neighborhood. Karen Freudenberg, 534 Colorado, stated that hers is the only garage off the alley and she must use the alley access to park her vehicle in it. Since the access to Lafayette has been blocked she has to turn around after entering the alley to gain access to the garage. The neighbors feel that Mr. Penn has created a nuisance by blocking the alley and they received no prior notice from Mr. Penn that he would be closing this access. Mayor Rooff referred this problem to Councilpersons Collier and Getty to investigate and work with residents to resolve. John McBride, 631 W. Third St, extended his thanks to the mayor for his efforts with the school district from the Save Our Schools committee. He also congratulated the mayor on the return of jet service to our community. He stated that he recognizes the importance of this to our economic development efforts. McBride stated that he strongly feels that the Bunger School of Technology could aid economic development. Two hundred students accepted the challenge of proving that this program could work and they are asking for the City's support to complete this challenge. One of the teaching concepts used at BST is team building and he doesn't feel the school district has followed through on this concept in their decision to relocate the school. He invited the mayor and council to visit BST and get first hand experience of the program. Elaine Bruns, 2517 Baltimore St, thanked the mayor and council for their support of the schools. As owner of the Harley Davidson Cycle Center she is aware of the need to train young people in technical skills. Bruns feels that BST can train and make the students available to work in businesses such as her resulting in a positive experience for the student and business community. She asked for the support of the mayor and council to leave BST open as it is. Getty/Mollenhoff that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 105979 - Mollenhoff/Jordan that the Council adjourn at 8:33 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk