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HomeMy WebLinkAboutMinutes-04/16/2001April 16, 2001 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, April 16, 2001. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Ronald Osborne, Trinity Episcopal Parish. Pledge of Allegiance: Jerry Stevens, Assistant General Manager of Waterloo Water Works. ORAL PRESENTATIONS 115060 - Tom Hall asked what the council is going to do about the 1600 block of Lafayette Street. Mr. Hall reported that he received a citation to clean up his yard, and he has cleaned it up. Mr. Hall stated that the person across the street from his home has four junk cars and he would like something done about them. Mayor Pro Tem Getty stated that he will have Code Enforcement Officer Virgil Carson look at the property and take whatever action is necessary. Mayor Pro Tem Getty stated that the city will have free leaf pick up the week of May 1, 2001 for one week only. The leaves will be picked up on the regular garbage day. Jordan/Murphy that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 115061 - Krizek/Jordan that the Agenda, as amended, for the Regular Session on Monday, April 16, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 115062 - Murphy/Gronen that the Minutes, as proposed, for the Regular Session on Monday, April 9, 2001, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. Councilperson John Murphy read a proclamation declaring April 15-21, 2001, as Square and Round Dance Week. Councilperson Barb Krizek read a proclamation declaring April 22-28, 2001, as Arbor Week. Councilperson Bill Gronen read a proclamation declaring April 22-28, 2001, as Earth Week. Mayor Pro Tem Getty read a proclamation declaring Monday, April 23, 2001, as West Fest Day. A presentation was made by West High School students regarding the West Fest to be held on April 23, 2001. ADJOURNED HEARING - Continued From April 9, 2001 115063 This being the time and place of public hearing on the request of Lockard Development to rezone from "A-1" Agricultural District to "C-2" Commercial District property generally located at the northwest corner of Hammond Avenue and San Marnan Drive, the Mayor Pro Tem called for written and oral objections. Ralph Shirley, Chairperson of the Board of Grace Baptist Church, stated that the church's property lies adjacent to the rezoning request. Mr. Shirley stated that no representative of the church has signed anything in support of the rezoning. Mr. Shirley stated that the Board's position is that they are opposed to the rezoning for reason similar to others in the community. Tom Salkeld, 825 E. San Marnan Drive and representing the neighborhood immediately west and north of the site, presented a petition of opposition with 11 additional names. Mr. Salkeld reported that last week he presented a petition in opposition with 219 names, and 74 names on a petition earlier today for a total of 293 names signed on the petitions opposing Lockard's rezoning request. Mr. Salkeld stated that many of the names on the petitions are from persons living on San Marnan Drive, Sonya and Melissa Drive and 33 citizens in this area signed the petition opposing the rezoning. Mr. Salkeld stated that he also canvassed the area further north to Tami Terrace, Page, and Wildwood, and 30 citizens in that area signed the petition in opposition. Mr. Salkeld reported that the comment he heard the most from the citizens was that the city was more interested in bringing in new business than their citizens. Mr. April 16, 2001 Page 2 ADJOURNED HEARING - Continued From April 9, 2001 CONTINUED Salkeld stated there were nine accidents at this March 2001, and one so far in April. Mr. Salkeld traffic study on April 3, 2001 for the access lane during a six hour period, and he does not feel the road. Mr. Salkeld stated that the neighbors are integrity of the neighborhood and the atmosphere. neighbors would rather the property be rezoned further improve the traffic problem and help with traffic congestion. Mr. Salkeld respectfully requested that the council reject the rezoning request. Dolly Fortier, a member of the Planning and Programming Commission, stated she voted no on the rezoning request, but she was here to speak as a private citizen. Ms. Fortier stated that she is concerned with safety as there are several physically and mentally challenged and small children in the neighborhood. Ms. Fortier stated that some ride wheelchairs in the street as there are no sidewalks. Ms. Fortier stated that she is sure the building is very nice but she does not feel it is a wise ideal as it will create more hazards. area from January through stated that the most recent only reported 5,706 vehicles study addresses the frontage concerned with keeping the Mr. Salkeld stated that the for commercial or used to Ken Lockard stated that there seems to be a significant amount of opposition to his rezoning request, but he is concerned that some of the signatures are from as far away as Cedar Rapids, Cedar Falls, and Jesup. Mr. Lockard commented he is frustrated that the signatures in opposition are from outside the boundaries. Mr. Lockard stated that before he proceeded on this project, he spoke to the church and he was told by the church board they would not oppose the rezoning. Mr. Lockard stated he feels the church is opposing the rezoning based on significant neighborhood pressure. Mr. Lockard stated that he made the decision to purchase the property based on their statement that they would not oppose the project. Mr. Lockard stated that the Long -Range Plan lists this area as commercial. Mr. Lockard stated that the development will have sidewalk on Hammond Avenue and San Marnan Drive. Mr. Lockard stated that they held a neighborhood meeting last Wednesday, and 11 neighbors attended the meeting. After the meeting, several residents told him they did not oppose the rezoning, but they were afraid to put it in writing. Mr. Lockard reported that the restaurant is a nationally known franchise family restaurant that is nicer than most. Mr. Lockard stated there will be a 250 feet buffer zone between the neighbors and the development. Mr. Lockard stated that people here are frustrated with traffic in the Crossroads area, but they should go to other large cities where the traffic is worse than this area. Mr. Lockard stated his development basically will not add traffic, but the restaurant will feed off existing traffic. Mr. Lockard reported when the property is fully developed it will pay in excess of $80,000 in property taxes. Mr. Salkeld stated he heard Mr. Lockard at the Planning, Programming and Zoning Commission meeting say he has written support of everyone within 250 feet of the development, including the church. At last Wednesday's meeting Mr. Lockard reiterated he had support form the church and property owners. Mr. Salkeld stated that he and Ms. Campbell met with the church and then the board voted to oppose the rezoning. Marion Story, an employee of GMAC, stated that a lot of the names on the petitions are from smaller towns because they work with her and believe there already is too much traffic in the area. Councilperson Anders stated that he attended the neighborhood meeting, and it appears to him that it is a "not in my neighborhood" type of thing. The neighbors want the lot to stay as it is. Councilperson Anders stated that anything that goes in this area will generate more traffic and make the neighborhood unhappy. Councilperson Anders commented that the council has run into this before, neighborhoods reject change, and it is his feeling that they would resist anything. Councilperson Anders stated this is a tough decision, but he recommends the council pass the ordinance tonight. Councilperson Gronen stated that he feels this corner, because the other three are commercial, is doomed to be commercial. Councilperson Gronen stated he feels the restaurant is the lesser of the evil, such as a convenience store. Councilperson Jordan stated that if the ordinance passes it is the responsibility of the council to help handle the traffic. Councilperson Jordan stated he feels Lockard Development will be a good neighbor, and they have a national chain waiting to come into the city. Jordan/Murphy that the hearing be closed and petition in opposition and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. • April 16, 2001 • • ADJOURNED HEARING - Continued From April 9, 2001 CONTUNUED 115064 - Murphy/Jordan Page 3 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 323 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Krizek. Motion carried. 115065 - Jordan/Anders that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Krizek. Motion carried. 115066 - Murphy/Anders that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 323 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Nays: Krizek. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4468. HEARINGS 115067 - Jordan/Murphy that proof of publication of notice of public hearing on proposed ordinance amending Subsections (f) and (g) of Section 34-79.1, Building Sewer Connection Charges; Determination, of Chapter 34, Utilities, of the Code of Ordinances of the City of Waterloo (hook -on fees for sanitary sewer serving South Fork Estates), as published in the Waterloo Courier on April 9, 2001, be received and placed on file. Ayes: Seven. Motion carried. 115068 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Jordan/Gronen that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 115069 - Krizek/Anders that "an Ordinance amending Subsections (f) and (g) of Section 34-79.1, Building Sewer Connection Charges; Determination, of Chapter 34, Utilities, of the Code of Ordinances of the City of Waterloo", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 115070 - Jordan/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 115071 - Jordan/Krizek that "an Ordinance amending Subsections (f) and (g) of Section 34-79.1, Building Sewer Connection Charges; Determination, of Chapter 34, Utilities, of the Code of Ordinances of the City of Waterloo", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4469. PETITIONS FROM PUBLIC 115072 - Gronen/Murphy that communication from City Clerk transmitting request of John Deere Product Engineering Center for an exception to burning yard waste to burn approximately 40 acres of prairie grass adjacent to the John Deere Product Engineering Center on Ridgeway Avenue and Cedar Heights Drive from now until May 15, 2001, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services 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. 2001-152. April 16, 2001 PETITIONS FROM PUBLIC CONTINUED 115073 - Gronen/Murphy that communication from City Clerk transmitting request of Hoover Middle School for an exception to burning yard waste to burn approximately 11 acre of prairie grass located next to the Hoover Observatory by the football field during the period of April - May 2001, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor Pro Tem assigned No. 2001-153. DOCUMENTS 115074 - Gronen/Murphy Page 4 that communication from Leisure Services Director transmitting Municipal Governmental Lease Purchase Agreement with John Deere Credit in the amount of $72,458.24 to lease purchase a John Deere 5510 tractor, 16' mower, and John Deere 1610 wide area mowing unit be received, placed on file and "Resolution approving said lease purchase agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-154. 115075 - Gronen/Murphy that communication from Assistant City Engineer transmitting construction plans for sanitary sewer serving Minard Central Heights Addition and Sewage Treatment Agreement with the Iowa Department of Natural Resources be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-155. 115076 - Gronen/Murphy that communication from Assistant City Engineer transmitting 28E Agreement with Black Hawk County in conjunction with design, letting, construction and inspection of an asphalt overlay project on East Donald Street from Sage Road to Raymond Road, at an estimated cost of $1,008,648.00, with city's share of $252,162.00 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 approved by Mayor Pro Tem assigned No. 2001-156. 115077 - Gronen/Murphy that communication from Associate Planner transmitting application for Eunice E. Siedsma for tax exemptions on improvements totaling $9,945.00 for property located at 330 Cutler Street in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward said application to the Black Hawk County Assessor. Ayes: Seven. Resolution adopted and upon approved by Mayor Pro Tem assigned No. 2001-157. 115078 - Murphy/Anders that communication from Fire Chief transmitting Fire Act grant application in the amount of $125,176.00, with a 30 percent cash match of $37,533.00, to be used to purchase respiratory protective and training equipment be received, placed on file and "Resolution approving said grant application", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approved by Mayor Pro Tem assigned No. 2001-158. RESOLUTIONS TO BE ADOPTED 115079 - Anders/Krizek that "Resolution accepting Deed of Dedication from John Deere for property in conjunction with the Cedar Prairie Trail/Sergeant Road Connection", be adopted. Ayes: Seven. Resolution adopted and upon approved by Mayor Pro Tem assigned No. 2001-159. • 111 April 16, 2001 RESOLUTIONS TO BE ADOPTED CONTINUED 115080 - Anders/Jordan Page 5 that "Resolution identifying appropriations of the Hotel/Motel Tax for the F.Y. 2002 Budget for the City which authorizes all sums in excess of $500,000.00 to be spent at the discretion of the City Council", be tabled indefinitely. Ayes: Seven. Motion carried. ORDINANCES TO BE ADOPTED 115081 - Gerald Ettey, 417 Rath, stated that he believes Quality Mat Company is trying to take 82 feet away from his house. Mr. Ettey distributed pictures of the area. Mr. Ettey stated Quality Mat Company has a way to get in and out without taking the 82 feet. Mr. Ettey stated that Quality Mat has two gates and there is no reason to take away the parking. Quality Mat only has one or two semis every week or every two weeks. Sandie Greco, Superintendent of Traffic Operations, stated that letters were sent to all residents in the block. Ms. Greco reported that Quality Mat Company is requesting to restrict parking on the north side of Rath Street so semi -trucks are able to enter and exit from the driveways. Parking in front of 401 Rath Street will be restricted, but this is a corner lot and parking is allowed on Court Street. Councilperson Gronen state that he looked at this area today, and he can see why coming out to make the corner at Rath Street would be difficult for semis if cars are parked on the other side of street. Councilperson Getty stated if there were no gate, it would probably be a better ingress and egress. Councilperson Jordan suggested that the ordinance be passed for the first reading only tonight to allow time for council members to visit the area. Anders/Berry that "an Ordinance amending the 2000 Traffic Code by adding Subsection (87a) Rath Street to Section 553, No Parking Here to Corner (restrict parking on north side of Rath Street 82 ft. east from corner of Court and Rath Streets)", be received, placed on file, considered and passed for the first time. Ayes: Six. Abstain: Krizek. Motion carried. Berry now absent at 6:33 p.m. 115082 - Jordan/Murphy that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (161) Hartman Avenue of Section 551, Parking Prohibited at All Times on Certain Street; and enacting in lieu thereof a new Subsection (161) Hartman Avenue of Section 551, Parking Prohibited at All Times on Certain Street (no parking on the south side of the 1100 block of Hartman Avenue)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Berry. Motion carried. 115083 - Anders/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Berry. Motion carried. 115084 - Murphy/Gronen that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (161) Hartman Avenue of Section 551, Parking Prohibited at All Times on Certain Street; and enacting in lieu thereof a new Subsection (161) Hartman Avenue of Section 551, Parking Prohibited at All Times on Certain Street (no parking on the south side of the 1100 block of Hartman Avenue)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Berry. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4470. Berry now present at 6:35 p.m. BILLS PAYMENT 115085 - Krizek that "Resolution approving Schedule AP640, pp. 1-77, dated April 16, 2001, in the amount of $755,255.19, 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. 2001-160. April 16, 2001 NEW BUSINESS Page 6 115086 - Jordan/Anders that communication from Community Development Director transmitting F.Y. 2002 One Year Action Plan for CDBG and HOME Program funds be received, placed on file and `Resolution setting date of hearing as May 7, 2001, at 5:30 p.m. in the City Hall Council Chambers on the above described action plan", be adopted and City Clerk instructed to published notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-161. 115087 - Jordan/Anders that communication from Mayor Rooff transmitting recommendation of the following appointments to the Memorial Hall Commission: Robert L. Robinson, with term expiration date of December 1, 2003, and Roger W. Smith (alternate), with term expiration date of December 1, 2001, and reappointment of Marcia Courbat and Elaine Clemens (alternate), with term expiration date of December 1, 2003, be received, placed on file and approved. Ayes: Seven. Motion carried. TRAVEL REQUESTS 115088 - Anders/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Tim Pillack, Police Lieutenant, and Richard Carter, Police Investigator, to attend National Tactical Officers Association training course in Maple Grove, Minnesota, on May 4-6, 2001, with costs not to exceed $972.00, including use of city vehicle. 2. Larry Smith, Assistant Superintendent of Waste Management Services, to attend Combined Water & Wastewater Program in Iowa City, Iowa, on April 24-25, 2001, with costs not to exceed $280.00, including use of city vehicle. 3. Steve Grimm, Fire Instructor, to attend class planning and scheduling meeting with Columbia Energy officials in Portage, Wisconsin, on April 20, 2001, with costs not to exceed $150.00. Ayes: Seven. Motion carried. MISCELLANEOUS 115089 - Krizek/Jordan 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 and the following applications for outdoor service area be received, placed on file and approved: 1. Beer Permit Application Class B Waterloo Softball Association, Burton & Longfellow Avenues (New) (Expires 10/19/01) (Includes Sunday Sales) The Grand Hotel, 300 W. Mullan Avenue (Renewal) (Expires 4/12/02) (Includes Sunday Sales) 2. Beer Permit Application Class C Holiday Stationstore, 3260 University Avenue (Renewal) (Expires 05/04/02) (Includes Sunday Sales) Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 5/13/02) (Includes Sunday Sales) Target Store, 1501 San Marnan Drive (New) (Expires 7/23/02) (Includes Sunday Sales) Coastal Mart, 1415 Logan Avenue (Renewal) (Expires 3/31/02) (Includes Sunday Sales) 3. Liquor License Permit Application Class E Kwik Stop, 1761 Independence (Renewal) (Expires 5/13/02) (Includes Sunday Sales) Target Store, 1501 San Marnan Drive (New) (Expires 7/23/02) (Includes Sunday Sales) • • April 16, 2001 • • MISCELLANEOUS CONTINUED Page 7 4. Wine License Permit Application Class B Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 5/13/02) (Includes Sunday Sales) Target Store, 1501 San Marnan Drive (New) (Expires 7/23/02) (Includes Sunday Sales) Coastal Mart, 1415 Logan Avenue (Renewal) (Expires 3/31/02) (Includes Sunday Sales) 5. Beer/Liquor Permit Application Class C Broosters, 3555 University Avenue (Renewal) (Expires 4/21/02) (Includes Sunday Sales) 6. Application for Outdoor Service Area Waterloo Softball Association, Burton & Longfellow Avenues (04/20/01 - 10/20/01) Ayes: Seven. Motion carried. BONDS 115090 - Jordan/Anders that the report of the City Attorney and list of bonds filed with the City Clerk through April 16, 2001, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 115091 - Jordan/Gronen that the Council adjourn at 6:43 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk