HomeMy WebLinkAboutMinutes-08/06/2001• •
August 6, 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, August 6, 2001. Mayor John R. Rooff
in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry.
Invocation by: Carl McGrone, Deliverance Temple Church of God in Christ.
Pledge of Allegiance: Councilperson John Murphy.
115614 - Getty/Jordan
that the Agenda, as amended to delete Item 38, for the Regular Session on
Monday, August 6, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven.
Motion carried.
115615 - Jordan/Murphy
that the Minutes, as proposed, for the Regular Session on Monday, July 23,
2001, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried.
Randy Shepard, 1157 East Ridgeway Avenue, stated that the minutes of July 23,
2001 under the hearing for the amendment to the Downtown Riverfront Urban
Renewal and Redevelopment Plan reports that he supports the expansion of the
Downtown TIF when in fact he stated that he opposes expansion of the Downtown
TIF.
Mayor Rooff read a proclamation declaring August 7, 2001, as National Night
Out.
HEARINGS AND BIDS
115616 - Jordan/Murphy
that proof of publication of notice of public hearing on F.Y. 2001 Sidewalk
Block Grant Repair Program—Zone 1, Contract No. 632, as published in the
Waterloo Courier on July 25, 2001, be received and placed on file. Ayes:
Seven. Motion carried.
115617 - This being the time and place of public hearing, the Mayor 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.
115618 - Murphy/Krizek
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2001 Sidewalk Block Grant Repair
Program—Zone 1, Contract No. 632", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-392.
115619 - Getty/Anders
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-393.
115620 - Jordan/Krizek
to receive, file and instruct City Clerk to open and read bids and refer to
City Engineer for review:
Bidder Bid Bond Total Bid
B & B Builders & Supply, Waterloo, IA 5% $35,901.75
Borwig Building Services, Inc., Waterloo, IA 5% $29,777.65
Bowers Masonry, Inc., Waterloo, IA 5% $44,811.15
Cedar Falls Construction Co., Inc., Cedar Falls, IA 5% $42,381.32
Rampart Corporation, Waterloo, IA 5% $42,887.28
Ayes: Seven. Motion carried.
August 6, 2001 Page 2
ADJOURNED HEARING - Continued From July 23, 2001
115621 - Mayor Rooff stated this was the time for the adjourned hearing (see CR 115590)
on the amendment to the Downtown Waterloo Riverfront Urban Renewal and
Redevelopment Plan.
Randy Shepard, 1157 East Ridgeway Avenue, stated he approached the council on
July 23, 2001 regarding his opposition to the expansion of the Downtown TIF,
and at that time he stated several reasons. The shortfall of TIF revenue funds
between 1993 and 1996 that he identified to be somewhere close to $5 million.
In conversation with the City Planner, he stated that he agreed there was a
shortfall in those funds and those payments had been made up with Debt Service
Levy funds. Mr. Shepard stated that the two issues he has tonight are that on
July 23, 2001 he stated that the downtown TIF revenue was $700,000 per year,
and the City Planner stated the downtown TIF revenue was $700,000 per year. As
questioned by Councilperson Getty it was around $690,000 per year. Mr. Shepard
stated that since that time he has had an opportunity to actually review the
downtown TIF revenues, and in FY2000 they were $550,000, FY 1999 they were
$599,000, in FY 1998 they were $552,000. Mr. Shepard asked the City Planner
where he came up with the number of $700,000 in Downtown TIF revenues.
Mayor Rooff asked Don Temeyer, City Planner, to meet with Mr. Shepard after the
meeting.
Mr. Shepard said that the City Planner stated at that time that the $5 million
had been repaid once the Downtown TIF District became profitable. Mr. Shepard
asked what method was used to repay these funds. Mr. Shepard stated that his
information shows that from 1997, the first year it became profitable, up to FY
2000, there was only $2.3 million generated in the Downtown TIF District. Mr.
Shepard asked how were these funds repaid with only $2.3 million when there was
still Debt Service to be paid from those funds beyond the $5 million additional
expenditure.
Jordan/Anders
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: Seven. Motion carried.
115622 - Anders/Murphy
that "Resolution approving said plan", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-394.
115623 - Berry/Krizek
that "an Ordinance amending the Downtown Riverfront Urban Renewal and
Redevelopment Plan", be received, placed on file, considered and passed for the
first time. Ayes: Seven. Motion carried.
115624 - Gronen/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
115625 - Getty/Krizek
that "an Ordinance amending the Downtown Riverfront Urban Renewal and
Redevelopment Plan", be considered and passed for the second and third times
and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4494.
HEARINGS
115626 - Getty/Anders
that proof of publication of notice of public hearing on the request of ASL
Investments and John Brustkern to rezone from "A-1" Agricultural District and
"R-3" Multiple Residence District to "R-2" One and Two Family Residence
District 41.5 acres of property generally located southeast of LaPorte and
Dysart Roads for a residential housing development, as published in the
Waterloo Courier on July 25, 2001, be received and placed on file. Ayes:
Seven. Motion carried.
115627 - Jordan/Berry
that the petitions of opposition be received and placed on file. Ayes: Seven.
Motion carried. 40
August 6, 2001
HEARINGS CONTINUED
Page 3
115628 - Scott Nelson, 101 Crestview and ASL Investments, stated that he knows that
there are some people here opposed to this rezoning, and he his not certain how
this became quite so controversial. People are opposed to the addition of 180
affordable home for the citizens of our community. Mr. Nelson stated he wanted
to take the opportunity to discuss at least some of the reasons that he heard
at the Planning, Programming and Zoning Commission meetings for their
objections. Mr. Nelson stated they are really proud of their development, that
he believes it fills a great need in our community, and the developers think
that the opposition really just doesn't want this in their neighborhood, but we
don't really live in a gated community in this town, but we live in a town that
is growing and is vital. Mr. Nelson passed around a brochure of one of the
companies that the developers are working with in regards to these homes. Mr.
Nelson stated that one of the issues that's been raised is traffic. Mr. Nelson
stated that according to his engineer, Wendell Lupkes, traffic on this issue
and at this intersection is not a problem. If you just look at it from a
common sense standpoint, there are approximately 180 homes at the outside. If
you figure two cars per home, that is 360 cars. If you figure they are going
to leave and come home three times a day that is 1,100 cars a day. Unless you
make the assumption that they are all going to leave in the same ten -minutes
time period, he just doesn't see how anybody can draw the conclusion that this
additional traffic is beyond the capacity of the four -lane controlled
intersection.
Mr. Nelson stated that some people think there are too many homes on this
property. Mr. Nelson stated that the developers asked for "R-2" Zoning. The
preliminary site plan the developers have exceeds the lot requirements in a "R-
2" Zoning, and the final site plan will have to go back to the Planning,
Programming and Zoning Commission and the "R-2" zoning is in the city code.
This development is designed in accordance with the city code which requires 50
feet for lot size, and these are 60 feet. Mr. Nelson stated that the
developers would design this so that we can have new, affordable, owner -
occupied housing for the citizens of our community. Mr. Nelson stated that
this is in response to the housing study that was done in conjunction with the
Chambers and Cedar Valley Economic Development, and it is in direct response to
that housing study which said that we need additional affordable housing in our
community. Mr. Nelson stated that if you look around town, there are an awful
lot of neighborhoods in our community that have 50 foot lots and a lot of these
communities and neighborhoods were established during the growth years of Rath
and John Deere, and he doesn't think you have to drive very far to find one.
Mr. Nelson stated that the rezoning has been recommended by the city's paid
professional staff, and it has been approved by the Planning, Programming and
Zoning Commission. Mr. Nelson stated that this project zoning fits the Long
Range Land Use Plan of the City and is consistent with the surrounding
development and other adjacent property uses.
Mr. Nelson stated that the developers do not believe and they do not see how
the development will have a negative impact on the property values in the area.
Property values already reflect other development in the area. The area
includes industrial activity, mobile home parks and other housing. These new
homes will have a positive impact on values, and the developers must make this
the best housing development they can in order to sell the homes. All of this
is in a mutual best interest, that they come up with the absolute best product
that they can so that this can become one of Waterloo's finest and newest
neighborhoods. Mr. Nelson stated that one thing he wanted the council to
envision behind him are the 180 families that are going to have an opportunity
to have a brand new home in our community. They are not here tonight, and we
don't know who they are yet, but we know they are out there, and we know they
are anxious to have a home of their own.
Councilperson Berry asked if the developers considered other parts of the city
for these homes. Mr. Nelson replied that they have. They have identified,
right now, one other location in this city that they would like to do some more
projects, but they want to do this project first. The property is there, its
zoned, services are there and everything seems to be in place. Mr. Nelson
stated that he does not want to do that instead of this project. He would like
to do both of them, but they need to do one of them and then pursue some more.
Councilperson Berry stated that Mr. Nelson talked about the positive impact on
housing, and she would like Mr. Nelson to further explain that when the
opposition is so high. Mr. Nelson replied that if you look at the neighborhood
where this property is at, whatever values are there already reflect what
surrounds this neighborhood. There are industrial uses, there are other
housing developments, there is a mobile home park, so he does not see how an
additional housing development can impact those values any differently than
they already have been impacted.
August 6, 2001
HEARINGS CONTINUED
Page 4
Councilperson Getty asked if a person buying one of those units will own the
home plus the lot. Mr. Nelson replied they will own the home, and it will be a
land lease community.
Councilperson Krizek asked if the development is like a mobile home park. Mr.
Nelson replied it is more like a condo. Councilperson Krizek asked if they are
stick built and built at the factory. Mr. Nelson replied they are stick built
homes built at a factory.
Mayor Rooff stated we have Klingaman Knolls in a similar situation. Mr. Nelson
replied this is very similar to Klingaman Knolls. Most condo association,
which would be ASL, own the underlying property. Mr. Nelson stated this will
not be a condo, but it will be a quasi -condo association.
Councilperson Krizek asked if there is a reason why basements are not going to
be put underneath these homes. Mr. Nelson replied it is for purpose of
containing the cost to what they have identified as the marketplace.
Councilperson Krizek asked if the cost would be $5,000 to $10,000 more for a
basement. Mr. Nelson replied more than that, it could add $20,000 to $30,000
to the cost. Mr. Nelson stated he lives in a home without a basement at the
corner of Crestview and Ridgeway and has lived there eight years. There have
been a couple of times the weather has been bad. He has not felt overly
uncomfortable about it and has never went over and knocked on his neighbors
door and asked to use their basement. Mr. Nelson stated he thinks there are
more than a few homes in our community that do not have a basement.
Councilperson Berry asked if these homes are one-story, two-story, what are we
talking about. Mr. Nelson replied some of each. The brochure shows some one-
story ranches, story -and -a -half and two-story. They run from one bedroom to
four bedroom.
Brenda Murray, 5565 Washington Street, presented a petition with signatures
from over 200 area residents who oppose this proposed rezoning of the property
in question. Some of the Waterloo areas represented are: Southdale, Westdale,
Winston Place, Timothy Ridge, Shaulis Road, Dysart Road and Texas Street. Ms.
Murray stated that the residents of southeast Waterloo want to provide input
into the development of their area because this is where they live, and it
affects their quality of life, and they desire no more affordable homes as they
have already provided their share.
Carl Adrian; with Cedar Valley Economic Develop, stated he is here tonight
representing the Housing Task Force that was put together by Cedar Valley
Economic Development, local Chambers of Commerce, Board of Real Estate, Home
Builders Association and several others in the community. Mr. Adrian stated
that several months ago the Housing Task Force presented their findings of the
Strategic Housing Development Initiative that they have been going through
during the past year. A year ago they were told by several large employers in
the community that they perceived housing availability to be a constraint in
their ability to attract employees to the community. We created a task force
to begin to look at the local housing industry, hired an outside consultant to
evaluate our housing industry to try to put a number on the number of units
that Black Hawk County should be building, and the communities within, if we
were going to sustain a normal population growth for the State of Iowa and
communities in the Midwest. The Task Force found that Black Hawk County was
about 500 units short a year in terms of housing construction when you compare
us with other metropolitan areas in the upper Midwest and the State of Iowa.
The Task force really has not taken a position on specific developments to this
point, but he thinks it is important to remind everyone that we do have a tight
housing market in this community, throughout Black Hawk County. We do have a
deficit in terms of housing construction, and if we expect our community to
continue to grow and expect the employees that are employed in Black Hawk
County to live in Black Hawk County then we need to provide adequate housing
for these residents. We are at a 500 -unit deficit on an annual basis. In this
case we have local business people and a developer who have stepped up and said
we want to help solve some of those problems, so we think its important that
the Council give this project serious consideration.
Jay Nardini, 5414 Blue Bonnett Drive, stated he lives right across from this
development, and his property butts up to Highway 218 on the north side and
the development would be right across. Mr. Nardini stated he sent each of the
council some information over the weekend which included not only a letter but
some attachments to that letter. Mr. Nardini stated that sometimes he thinks we
need to go back to the basics and in looking at Waterloo zoning ordinance the
purpose as stated on page one of the ordinance is 'The purpose of this
ordinance shall be to serve and protect the value of property throughout the
city and to encourage the most appropriate use of land, to lessen congestion in
the streets, to pnt the overcrowding of the lar- to avoid undue
August 6, 2001
HEARINGS CONTINUED
•
Page 5
concentration of population and to facilities the adequate provisions of
transportation, water, sewerage and other public requirements.' Mr. Nardini
stated that whatever the brochure is that is being passed around is something
they have never seen. Mr. Nardini stated it has been stated in front of the
Planning, Programming and Zoning Commission that the housing will be, including
the lots, $60,000 to $80,000 and they've also stated they will be around 1,200
sq. ft. Mr. Nardini stated they have never seen anything in a site plan that
showed the type of housing that would be there, but for $60,000 to $80,000 he
would venture to say that most of what is in that booklet will never show up on
this development. Mr. Nardini stated they have been told that a similar
project exists in Marion, Iowa, and he sent to the council as Exhibit D
photographs 'he took at that development in Marion, Iowa. That is a double -wide
mobile home park on 50 to 60 foot lots, with detached double garages just like
they propose here in this development. Mr. Nardini stated tonight we find out
that this is going to be a land lease community. In other words, it looks
like, sounds like, feels like a double -wide mobile home park. Mr. Nardini
stated they already have two mobile home parks in that part of town, Cedar
Knoll, which was there before anyone else built up around. We know that it is
there and we accept that as part of our community there. We have another one,
Southview Estates, which is down at Orange Road and 218. We don't need a third
mobile home park. Mr. Nardini stated do not kid yourself, what we are talking
about here are slab homes that are basically built someplace else, the same as
manufactured homes. What is the difference between a manufactured home and a
modular home. A manufactured home is built someplace else and brought in on
wheels and put on a foundation and the wheels are taken off. Modular home are
built someplace else and brought in on a truck and put on a foundation. Mr.
Nardini stated he understands that there are many modular homes that can be
very nice, but in $60,000 to $80,000 range, including the land, what you are
going to end up with is the only thing that we've seen so far that is in
existence that they've talked about and that is Exhibit D, a double -wide mobile
home park. Mr. Nardini stated they also said this was a quasi -condo community,
and he questions under the "R-2" Zoning classification if you can have a land
lease situation. Mr. Nardini stated he has been told before by representatives
here that you cannot. Mr. Nardini stated that originally the developers wanted
"R-4" Zoning, and the "R-4" Zoning was denied and then they went to "R-2".
Mr. Nardini stated they say that these homes are needed in the community and we
have also heard from Mr. Adrian who said that is the situation. Mr. Nardini
stated if you look at that study, the most pressing need was for homes in the
$125,000 to $200,000 range. Mr. Nardini stated that in his letter he sent to
the council he talked about three things: average residential density, type
and values. Mr. Nardini stated he showed in the charts that currently in the
three subdivisions that are out there, Westdale, Southdale and Timothy Ridge 1st
& 2nd, that there are approximately 85 acres that have a total of 178 homes.
They're proposing 182 homes in 41.33 acres and one residential development.
The density is like packing sardines in there when you look at their site plan.
There is no green space, there is no nothing but home to home to home and a
land lease situation. Mr. Nardini stated that the second thing that they
talked about were property values. $60,000 to $80,000 for these home, plus
the land. The average assessed property value in Southdale is $93,000,
Westdale is $102,000, and Timothy Ridge lst & 2°d is $190,000. If you up those
for fair market value, you have homes out there that are basically 175 to 350
percent greater than the homes that will go into this area. Not only will they
be packed in like sardines, but the value is going to drag down the property.
Mr. Nardini asked does Waterloo want to be known basically as and are we so
interested in developing a subdivision with slab homes that people coming into
that part of town are going to see row after row after row of homes that look
like double wide mobile homes just like Exhibit D. Mr. Nardini stated they
are concerned about our community because they already live there. They built
there because of the nature of the surrounding area, it is primarily
agricultural. Mr. Nardini stated that if you look at the information that is
provided in the brochure that is handed out on the housing needs study in this
community you will see that the area that they talk about, that is available
for development that they refer to is basically around the Highway 20 corridor
in Waterloo, and it does not include this property. Mr. Nardini stated there
is plenty of other property out there. There is a development of condominiums
already at the Pointe, which is by Hy -Vee and Wal-Mart, that has a hundred lots
in there and there are four or five condominiums built in there. There are
about 96 lots that are available there priced in the $70's. Mr. Nardini stated
there are places for affordable homes, places that are available for sale and
rent in the community, and the people in Timothy Ridge 1st & 2nd do not want it
across the road from them.
Wendell Lupkes, of VanWinkel, Jacob Engineering representing ASL properties,
stated that his job is to look at the nuts and bolts, will this work. Mr.
Lupkes stated that first of all they looked at the Long Range Plan, and the "R-
2" does fit into the medium density housing that is indicated at this site.
Mr. Lupkes stated that gas, water, sewer, electrical and roads are available.
Mr. Lupkes stated that the City Planning office forwarded to him a compilation
August 6, 2001 Page 6
HEARINGS CONTINUED
of accident history at the intersection. Mr. Lupkes stated he is not a traffic
engineer, but he has talked with the people that deal with it at INRCOG, and
the City Traffic Operations. Mr. Lupkes stated that after reviewing the
accident history, nearly one-half of the accidents at that intersection are
left turns in front of a car going north or south through the intersection.
Mr. Lupkes stated that on April 17 of last year, the City's Traffic Operations
installed a new traffic control cabinet and a left turn only on the green arrow
at that intersection. The intersection itself was designed as part of the 1984
reconstruction to DOT standards. Mr. Lupkes stated whether it is a safe
intersection or an unsafe intersection is up to anybody's perception. As long
as we have accidents it is unacceptable; however, it is a reality of life and
most of the traffic that would be coming from this development would probably
be going towards Waterloo. Therefore you would have a left turn from
Shaulis/Texas Street onto 218 under a red light condition for 218 and then
returning traffic would have a right turn from 218 onto Texas Street.
Ronald G. Fiacco, 5405 Blue Bonnet, stated his home would be right across the
street from this development. Mr. Fiacco stated he contacted the Iowa DOT, and
there have been approximately 26 accidents in the last seven years, through
December 31, 1999. Mr. Fiacco stated he tried to get the statistics for this
past year, but the DOT did not have them. They will have them sometime in the
Spring. Their last traffic study was done in 1997, they do them every four
years. They will have it completed some time this year for publication next
year. Mr. Fiacco stated that intersection has Dysart Road coming from the
south, East Shaulis Road coming from the west, Highway 218 coming from the
northwest, Texas Street coming from the northwest, Shaulis Road coming from the
north, Texas Street coming from the southeast, and Highway 218 coming from the
southeast. Mr. Fiacco stated there have been accidents. Mr. Fiacco stated
they did change the turn signal, but it is going southeast/northwest not north
and south where most of those accident have been taking place. Mr. Fiacco
stated that currently there are about 2,000 individuals a day that are
attending the Water Park, which was not there in 1997, and Bertch Cabinet is
built out there, which was not there in 1997. Mr. Fiacco stated that Hawkeye
Community College's enrollment population has gone from 3,944 to 4,319 as of
the end of 1999, and 4,263 the Fall of 2000. Mr. Fiacco stated they do not
have the new numbers yet, but they are looking for about a three percent
increase in their numbers so there has been about an eight to nine percent
increase in the number of students enrolled at Hawkeye Community College. Mr.
Fiacco stated that the numbers he saw it increased by about 50 percent a year
for the last three years through 1999 as far as accidents and now with the
Water Park and the increase in traffic that has been going on, his concern is
traffic. Mr. Fiacco stated he is also concerned about property values as well.
Mr. Fiacco stated they also have an old motel that is right there that houses
about 15 or 16 different little units that seems to be leased up. Mr. Fiacco
stated that Mr. Adrian talked about normal population growth. Waterloo has
never been in a normal population group growth as far as Iowa or the Midwest.
Mr. Fiacco stated we are growing and he hope it continues that way. Mr. Fiacco
stated there are plenty of areas of development on that map. Right now there
are other areas that are five times or larger than the size of this little 41
acre area that are already zoned "R-2" or "R-3" that could easily house a lot
more housing units if they wanted to put that many in there
Rick Young, 3704 Inverness, stated he chaired the Cedar Valley Economic
Development Housing Committee. Mr. Young stated that manufactured housing is
not an unusual item. In the Wall Street Journal last week or the week before,
they stated in Nevada or one or two other states over half the new homes in
those states are manufactured housing just like this. It is happening all over
the country, it is. happening all over the state. Houses on slabs are not
unusual. Well over half of the homes built in the United States are built on
slabs. Mr. Young stated we are an unusual area in the upper Midwest that the
majority are built with basements, but a lot of homes being built here now,
brand new, are built on slabs. That's not unusual. Mr. Young stated in the
housing study that they did for this area they came to the conclusion that we
needed all types of housing, not just the country club housing and the Timothy
Ridge with the $179,000 average, we need all ranges of housing for people. Mr.
Young stated we have all types of jobs needing people to come here. Mr. Young
stated this is an area that is ready for the "R-2" Zoning. We have the
infrastructure, sewer, water, and a modern four -lane highway. Mr. Young stated
even if you had three or two cars per house, that is 1,100 or 1,200 movements a
day. If you took that down to 10 -hour day, which people are not going to drive
more than 10 hours a day, that is one car every 30 seconds, and that is not
filling up your streets. Mr. Young stated we need diversity of housing in this
community, we do not need just the $179,000, $250,000 and $500,000 homes, we
also need them in the $60,000, $80,000 and $100,000 range. Mr. Young stated
manufacturing houses are very popular. These types of homes are all over the
country and it is one of the things that this city needs to look at to have
• •
August 6, 2001
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Page 7
HEARINGS CONTINUED
modern housing and offer everything for all of our citizens. Mr. Young stated
the "R-2" Zoning density is less than what you have in probably most of the
older parts of town.
Dan Koch, 5808 Cimmarron Lane, stated he would like to speak about four issues.
The issue of the Waterloo School System, city recreation facilities, property
tax base and the issue of affordable housing. Mr. Koch stated the Waterloo
schools are in the early stages of a 10 -year, $120,000,000 building improvement
process. To develop, finance and implement this plan, years of study, years of
compromise and years of creative thinking were necessary. The result will be
one of the finest school systems in the State. What impact will the addition
of 182 single-family units have on the Orange Elementary and Hoover Middle
Schools. Confined to a limited area and developed over a short period of time,
will this proposed development have a negative impact on these schools,
negating the careful planning that took place by our school board and
community -at -large. Mr. Koch stated it was only three years ago when the city
approved the 117 -unit Cedar Hills development in the same area. It is still
unclear what impact this development will have on these schools. Concerning
the issue of recreation facilities, this proposed addition, along with the
Westdale, Southdale, Cedar Knoll, Cedar Hills and Southview Estates additions,
will result in over 1,000 Waterloo residences with no access to City park
facilities or bike trails. This area of the city is possibly the most
overlooked for recreation opportunities by our community. Mr. Koch asked if we
allow another 182 families into this limited area are we prepared to find the
funding that will offer these much needed recreation opportunities. Concerning
the issue of property tax base. Property taxes pay for our schools, our fire
and police protection, and streets, libraries and recreation facilities and
while it is true the owners of this proposed site will pay a minimal amount of
taxes on the land, we should keep in mind that these $60,000 to $80,000
manufactured homes will not contribute to the city's tax base through the
traditional methods of property taxes. Unlike most real estate, manufactured
homes in a land lease community are taxed under the Iowa Code, Section 435.22,
at the rate of 20 cents per square foot. Using the 290 unit development at
Cedar Knoll as an example, which has a land value of $131,000 and a building
value of $699,000, for a total valuation of $831,000, the City collects
$32,410.00 of revenue on this property. An average 1,200 square foot residence
would contribute another $240.00 each, for an additional $69,600. Total
property tax collected from the 290 manufactured homes at Cedar Knoll is
$102,010. Compare this to a typical 1,200 square foot home in his neighborhood
with an assessed gross value of $100,000 that would pay an average $2,000 in
property taxes per year. The same 290 residences taxed at this rate would
generate $580,000 a year in City revenue, a difference of $478,000 over the
Cedar Knoll development. That is nearly one-half million dollars a year, every
year, forever. On the issue of affordable housing. The cities of Cedar Falls
and Evansdale have taken a different approach to addressing the issue of
affordable housing, while at the same time maintaining a strong taxable base.
Waterloo should do the same. ASL Investments, along with Mr. John Brustkern,
would have us believe that they are concerned about the issue of affordable
housing in our community, rather than it is far more likely that these
businessmen recognize an opportunity and hope to profit from it. ASL will
profit from the rent of this development, while Mr. Brustkern will profit from
the sale of many of these manufactured homes. Mr. Koch stated the city has
worked hard to address the issue of affordable housing. The TIF Districts, the
River Renaissance project, the Brownfields project, all offer opportunities to
address this issue while best utilizing Waterloo's current infrastructure and
resources. Mr. Koch stated that approval of the ASL and Brustkern plan will
only interfere with the goals this administration has set out to accomplish.
Mr. Koch asked the council to think about Reverend Weem's comments at the
Planning, Programming and Zoning Commission meeting. Reverend Weems refused
to support this development because he felt there is already enough
manufactured housing concentrated in this limited area. In other words, too
much of a good thing. It's no longer a good thing. Mr. Koch urged the council
to do the right thing for our city and reject this proposal.
John Humpal, 5222 Dysart Road, stated that he sent a packet of information to
Council Members and Mayor Rooff this weekend. Mr. Humpal stated he would like
to make some comments about the housing study and also some of the articles
that have surfaced from that study. Mr. Humpal stated that Mr. Adrian is
quoted as saying there is a particularly acute need for new homes in the
$125,000 to $200,000 range. This is considered a moderate price range in the
current market. To further support this look at the pie chart in that housing
study that was included in the packets, 60 percent is needed in the moderate
price range, while just 20 percent is needed in affordable homes. Mr. Young is
also quoted that we just want to be normal regarding the housing construction
commiserate with population. Residents of southeast Iowa and Waterloo would
just like to be normal too and have average price homes in their neighborhood
according today standards. Mr. Young continues to say that this area needs to
be competing for the highly skilled, highly tech workforce. Mr. Humpal asked
August 6, 2001
Page 8
HEARINGS CONTINUED
will $60,000 to $80,000 homes attract this workforce. Mr. Humpal stated
$60,000 to $80,000 homes will attract low paying jobs. Mr. Humpal stated that
according to the housing study the Cedar Valley needs 800 new units a year and
to keep in mind that this number is for the entire Cedar Valley and includes
single-family homes, apartments and senior housing. On page 24 of the housing
plan, single family units tops out at 300 going out to 2010. Twenty percent of
those 300 single-family units leaves 60 units needed in the affordable range
for the entire Cedar Valley area. Waterloo's portion would be much less than
50 units. Mr. Humpal stated that based on an Internet search of the current
housing market for Waterloo, 418 homes were on the market in July 2001. Over
63 percent of those homes on the market list for $90,000 or under, 28 percent
of those homes listed are between $90,000 and $200,000 and 8 percent are listed
are over $200,000. Mr. Humpal stated that homes are needed in the mid-level
range. Mr. Humpal stated in communities across the nation there is a growing
concern that current development patterns dominated by what some call sprawl
are no longer in the long term interests of our cities. Existing suburbs,
small town, rural communities or wilderness areas, those supportive of growth,
communities are questioning the economic cost of abandoning the infrastructure
in the city only to rebuild it further out. They are questioning the social
cost of the mismatch between new employment locations in the suburbs and the
available workforce in the city. They are questioning the wisdom of abandoning
Brownfields in older communities, eating up open space, prime agricultural
lands on the suburban fringe and polluting the air of the entire region by
driving further to get places. Spurring the smart growth movement are
demographic shifts, strong environmental ethic, increased fiscal concerns and
more nuances of growth. The result is both a new demand and a new opportunity
for smart growth. Mr. Humpal stated on a more personal note this will have a
direct impact on his family. One of the proposed entrances is directly across
from his house on Dysart Road. Mr. Humpal stated the old Keifer farmhouse was
taken down in 1991 and replaced with one that replicates the old. It is their
ultimate compliment when people think it's still the old farmhouse. Mr. Humpal
stated his house is pretty average by today's standards, with 1,800 square feet
on two levels, the minimal sale price would be $150,000. Mr. Humpal asked why
would they want homes half the price of theirs located right across from them.
Target officials say one of the reasons they are locating in Cedar Falls is
because of the available workforce. If the workforce is available here why do
we need this type of housing. Mr. Humpal stated that 63 percent of all homes
on the market today are below $90,000 and asked why don't we fill those homes.
Mr. Humpal stated if the council passes this they give the green light to cheap
homes. Mr. Humpal asked why would we give the green light for this in a
neighborhood that is double in the market price. What happens in a few years
if this does not work out. It is easy for everyone to walk away from this
except for the people that have to live in that neighborhood. Mr. Humpal
stated this is no improvement in their quality of life. It seems like this
area has been targeted by developers a number of times in the last few years.
It is not good logic to approve this one because the council has killed the
others. Mr. Humpal stated we do have City Council people and City employees
that are tied to the building trade. Mr. Humpal reminded the council they work
for the citizens of Waterloo, not the developers, and he hopes the council is
not too tied to the developers to vote no.
Jeff Swartzendruber, 3308 Bay Berry Drive, stated he knows they quoted the
Planning and Zoning first page and how the whole thing is for a green space,
but there is not a more beautiful piece of green space than that little century
farm as far as property. Mr. Swartzendruber stated it offers a nice little
triangle with the trailer parks, Westdale, Southdale, and if there has to be
development, lets at least make it nice development. Mr. Swartzendruber stated
he would like to see that area stay agricultural. Mr. Swartzendruber stated
the developer talked about a second property that they are looking at, and he
would like them to show what they can do over there before they come out and
take a piece of nice farm ground and use it for this type of development.
Roger Kalsem, 427 Belle Street, stated right across the highway there are 62
acres on the east side of 218, immediately across of the proposed development.
Mr. Kalsem stated that is all zoned "R-3" from back in the late 70s and 80s.
Mr. Kalsem stated he and his wife own this property, and right now they have
some "R-1" development going on there, a real nice home. Mr. Kalsem stated
there are $200,000 homes in Timothy Ridge, and he has no desire to do an "R-2"
development there as they do not think it is fitting and proper to put "R-2"
in Timothy Ridge. Mr. Kalsem stated he feels it is improper and unfair to the
heavy taxpayers up there to put "R-2" in there. Mr. Kalsem stated he feels
that it would detract from the integrity of the whole area by putting any type
of tract homes or slab homes. Mr. Kalsem stated his family does not want
anything to do with "R-2" or "R-3" as they respect those people living on
Timothy Ridge and also the Southdale and Westdale. Mr. Kalsem stated this farm
has between an 86 and a 90 CSR, and it is one of the most highly productive
farms in thiz count It is right up there in crop suitability rating and here
we are willing to b over this 41 acres. Mr. Ka* stated it is highly
August 6, 2001
• •
HEARINGS CONTINUED
Page 9
productive farmland and is a century farm. Mr. Kalsem stated he cannot believe
that the houses are going to look like these pictures. Mr. Kalsem stated they
feel Timothy Ridge is like Audubon Parks.
Councilperson Getty asked Mr. Kalsem when he sells a lot or has a home built,
does he sell the lot or lease the lot. Mr. Kalsem replied they sell the lot,
and they have five lots for sale on Timothy Ridge right now. Mr. Kalsem stated
they just sold one and working on the second one, that they are large lots, 130
x 100 and the homes will be $150,000 to $200,000.
Rita Keifer-Humpal, 5222 Dysart Road, stated she lives directly across from the
Brustkern farm that is proposed for rezoning, and she also represents the
interest of her mother, Mary Keifer, who is a land owner of the 60 acres of
farm ground across from the Brustkern farm. Ms. Humpal stated the Keifer
family has been in this area and has farmed for over 50 years and so it is with
a lot of thought and emotion that she opposes this rezoning as she strongly
feels it is just simply not justice to the land. Ms. Humpal stated it would be
her hopes that their farm would be some day be a century farm as this
represents Iowa history. The small farms are truly a thing of the past and we
need to be mindful of what is preserved for future generations. Ms. Humpal
stated the National Resources Conservation Services provided a Black Hawk soil
survey report and soil legend, and the CSR rating is very good, this is prime
farm ground, and she feels it is an injustice to the farm ground to lay masses
of concrete in a high density development. Ms. Humpal stated they have five
acres of land, along with their homestead and this is country living at its
best. She has ample space for livestock and has horses, goats, chickens, dogs,
cats and a perennial garden and vegetables. Ms. Humpal stated she values the
spaciousness and this is what the people want. She knows not everybody can
have five acres, but when you move out to the country, people want country
living. They want bigger spaces than the 60' x 100' dimensions that the
developers are talking about. Ms. Humpal asked the council not to compromise
the quality of their lives and those of others that want to live in the
country. Ms. Humpal distributed a copy of the runoff computation sheet
provided to her by the Natural Resources Conservation Services which summarizes
the discharge of runoff from the Brustkern property in terms of cubic feet per
second. Ms. Humpal stated this is a comparison on crop land as opposed to
impervious areas of paved roads, curbs and storm sewer, which, when they ran
this computAtion on the computer they could not take out the fact that this
area does not have a storm sewer, and in a 24-hour period of time on crop
ground with 4.5" of rain you have 2.05" of runoff, that is 34 cubic feet per
second as opposed to 24-hour period of time on impervious areas if you have
4.5" of rain you have 4.26" of runoff. That is 111 cubic feet per second and,
at a minimum, the water flow increases three times. Ms. Humpal stated their
farm already has a low area with standing water at peak discharge and runoff.
Ms. Humpal asked if the developers have done a study of the watershed, is there
a storm water management plan, and does the developer have a National Pollution
Discharge Elimination System permit. Ms. Humpal stated she was informed by the
agricultural office today that any land distribution activity greater than five
acres must have a permit from the EPA. Ms. Humpal stated the Natural Resources
District Conservationist is concerned about the watershed. This agency has not
been contacted by the city nor the developer, and they would like to be
involved. Ms. Humpal asked if there has been a study of watershed and would
the council consider rezoning if the developers have not done a watershed
study. Ms. Humpal asked the council not to compromise this area for money or
greed and to do justice to the land.
Vickie Adams, 2710 Violet Drive, stated she walks that neighborhood every
night, and she has talked to the neighbors. Everyone is very opposed to this.
Ms. Adams stated everyone has worked hard for the houses that they have out
there and plan on keeping them. Ms. Adams stated if they need the housing
development out there, there might be 173 more houses for sale if they really
need them.
Joe Raley, 5713 Applewood Drive, stated he feels the opposition has done a
great job tonight presenting this to the council. Mr. Raley stated his concern
would be how are they going to make this work in the wintertime. Mr. Raley
stated there are many a times during the winter when they cannot get to work,
and when they do get out, when they come back home and they cannot get back
home.
A resident stated this is a trailer court. She stated we have Cedar Knoll,
Southview Estates and also put that the third one in and from what she
understands there is going to be a fourth one. She stated all the street are
ready to go for a fourth one and asked isn't this enough.
A resident stated that before any construction commences, there would have to
be a storm water and erosion control plan filed with the DNR. He stated at
this time of rezoning that amount of engineering has not gone into the project.
August 6, 2001
HEARINGS CONTINUED
Page 10
Mr. Nelson stated he does not understand why they people think the developers
do not want to have a good piece of property and a good development after all
they have to sell this in order to have it be economically feasible for them to
do it. Mr. Nelson stated he feels the real problem here is that most of these
people think that we are going to do mobile homes, and we are not going to do
mobile homes. Mr. Nelson stated that at the Planning, Programming and Zoning
Commission, he talked about a development in West Des Moines very similar to
this where he got the idea. It is on Highway 141 going north towards Granger,
and it is a nice housing development. Mr. Nelson stated he realizes we have
had some growth in that area - the water park, Bertch Cabinets and Hawkeye
Community College, and he feels that is a good thing not a bad thing, and he
thinks that is what the community is looking for. Mr. Nelson encouraged the
council to think about making the dream of a new home that is affordable
available to 180 people that maybe do not have the dream right now.
Councilperson Gronen asked how many varieties of homes will be in the
development and are they all going to look the same. Mr. Nelson replied they
will not all look the same. Mr. Nelson stated the intent at this point would
be to start the infrastructure and put up probably six, eight, ten models, and
they will be different. And they need to be different as families are
different. Mr. Nelson stated the book shows one, two, three, and four
bedrooms, and some of them will be considerably more than $60,000 or $80,000.
Mr. Nelson ,stated it is based on the amenities that a family requires. Mr.
Nelson stated we all know some senior citizens that live in a housing
development just like this one in Mesa, Arizona in the winter, and maybe they
would like to live in one just like that here in the summer, and so they are
not necessarily just starter homes for young people who are beginning their
lives, but they can be homes for people that, maybe, it is the last home
they're going to have.
Councilperson Gronen asked if the developers would be building the home and
then selling it or will they pre -sell the home. Councilperson Gronen asked if
he were interested in purchasing a home there would he come to Mr. Nelson,
select the style that he would like to build, have Mr. Nelson build it and then
purchase it, or would he come in and look and say that is the home I am going
to have to buy. Mr. Nelson replied they are going to do it both ways. Mr.
Nelson stated if they start ten models and they sell, they will have ten more
models and they will have homes either by this company and/or more that you can
look at the plans and decide what you and your family want and, of course, the
cost will be according to what you pick.
Councilperson Gronen asked if Mr. Nelson anticipates selling any double lots
where they would be selling a 120 -foot footage. Mr. Nelson replied that could
happen, but he does not anticipate that. Councilperson Gronen stated so there
could be possibly fewer home, and larger homes, larger lots. Mr. Nelson
replied he thinks there will be some demand for that, and he thinks they have
to be careful that they place that in the development properly so that it fits
with all the home owners. If they have a two-bedroom, 1,200 square foot home,
they do want to have a 4 -bedroom, two-story right next door, so they have to
fashion the development so that it is appealing to the market place.
Councilperson Getty asked what would be the average lot rent. Mr. Nelson
replied they have not done the economies yet, maybe $200 per month.
Councilperson Krizek asked if Mr. Nelson would be willing to sell the lots, and
Mr. Nelson replied that is not how they have done the model, it is not how they
intend to make the project work.
A resident on Applewood Drive stated she has lived in that area over ten years
and paid approximately $35,000 in taxes. She believes this development will
hurt her quality of life and feels there will be too much concentration of
homes. She stated that some of the streets are being fixed, and in the winter
their area is usually the last area plowed. She stated not one person who
lives in this area wants this development.
Gloria Hill, 5822 Cimmarron Lane, stated she opposes this development because
of the traffic, including the truck traffic. Ms. Hill stated she does not
believe the sewer system is big enough to handle these many more homes.
Mayor Rooff stated we need to do a better job of notifying citizens of the
Planning, Programming and Zoning Commission meetings.
Councilperson Jordan asked if the developer develops the whole area does he
turn this over to the city. Councilperson Jordan asked what kind of return
will the city have and what is the tax collected versus city services.
Councilperson Jordan asked if the development would be landscaped and is a
buffer required.
• •
August 6, 2001
HEARINGS CONTINUED
•
Page 11
Councilperson Getty stated he is concerned about runoff, adequate sewer in the
area, and he thought the buyers would own the land. Councilperson Getty asked
the council to table the rezoning request as he does not feel comfortable
voting on this item tonight.
Councilperson Krizek stated she applauds Mr. Nelson, but she does not think the
land lease will spread the city's tax base.
Jordan/Berry
that the hearing be adjourned to August 20, 2001. Ayes: Seven. Motion
carried.
115629 - Berry/Murphy
that proof of publication of notice of public hearing on request of the
Waterloo School District to vacate, sell and convey 21.20 foot portion of
Western Avenue generally located between Johnson Avenue and Pleasant Street and
16.20 foot portion of West 6th Street generally located between Locust Street
and Pleasant Street for $1.00 to legalize the current seating for Sloan Wallace
Stadium and allow for fencing along the children's play area at the proposed
elementary school, as published in the Waterloo Courier on July 25, 2001, be
received and placed on file. Ayes: Seven. Motion carried.
115630 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Krizek/Jordan
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.
115631 - Jordan/Murphy
that "an Ordinance vacating 21.20 foot portion of Western Avenue generally
located between Johnson Avenue and Pleasant Street and 16.20 foot portion of
West 6th Street generally located between Locust Street and Pleasant Street",
be received, placed on file, considered and passed for the first time. Ayes:
Seven. Motion carried.
115632 - Berry/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
115633 - Jordan/Krizek
that "an Ordinance vacating 21.20 foot portion of Western Avenue generally
located between Johnson Avenue and Pleasant Street and 16.20 foot portion of
West 6th Street generally located between Locust Street and Pleasant Street",
be considered and passed for the second and third times and adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4495.
115634 - Krizek/Murphy
that "Resolution authorizing said sale and conveyance", be adopted and City
Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-395.
115635 - Anders/Jordan
that proof of publication of notice of public hearing on the request Louis and
Nancy Carter to rezone from "M2,P" Planned Heavy Industrial and "M-1" Light
Industrial to "R-1" Residence District approximately 13 acres of property
generally located at 2540 Burton Avenue for the purpose of locating a new home
and small truck gardening operation, as published in the Waterloo Courier on
July 25, 2001, be received and placed on file. Ayes: Seven. Motion carried.
115636 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Jordan/Murphy
August 6, 2001 Page 12
HEARINGS CONTINUED
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.
115637 - Murphy/Gronen
that "an grdinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 326 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
115638 - Gronen/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
115639 - Krizek/Jordan
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 326 to Section 2A-5, Rezoning Certain
Property", be considered and passed for the second and third times and adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4496.
PETITIONS FROM PUBLIC
115640 - Gronen/Jordan
that communication from City Clerk transmitting request of Steve and Patricia
Davis, 300 Sheridan Road, for a variance to the Noise Ordinance on August 25,
2001, from 7:00 p.m. to midnight in conjunction with live music playing at a
wedding reception in their yard, together with recommendation of Chief of
Police to approve to 11:00 p.m., be received, placed on file and "Resolution
approving said variance from 7:00 p.m. to 11:00 p.m.", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-396.
115641 - Gronen/Jordan
that communication from City Clerk transmitting request of Reverend Daniel
Phillips for a variance to the Noise Ordinance on July 30 - September 30, 2001,
from 5:30 p.m. to 9:00 p.m. to allow Christian Fellowship Faith Steppers to
practice under the Highway 218 viaduct in preparation of upcoming parades and
competitions, together with recommendation of approval of Chief of Police, be
received, placed on file and "Resolution approving said request", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-397.
115642 - Gronen/Jordan
that communication from City Engineer transmitting request of Eileen Reilly for
a waiver for a concrete driveway to be located at 704 Belle Street, together
with recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-398.
115643 - Gronen/Jordan
that communication from City Clerk transmitting request of Grout Museum for a
variance to the Waterloo Code of Ordinances prohibiting use of alcoholic
beverages in city parks in conjunction with serving beer and wine to guests at
a donor appreciation reception and kick-off of "Old House Fair" at Washington
Park on August 24, 2001, from 5:00 p.m. to 7:00 p.m. be received, placed on
file and "Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-399.
• •
August 6, 2001
DOCUMENTS
115644 - Anders/Jordan
Page 13
that communication from City Clerk transmitting agreement with American Red
Cross Hawkeye Chapter to use Veterans Memorial Hall building as a shelter
during times of emergencies, together with recommendation of approval of the
Veterans Memorial Hall Commission, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-400.
115645 - Anders/Jordan
that communication from City Planner transmitting U.S. Department of Housing
and Urban Development (HUD) Section 8 Management Assessment Program (SEMAP)
Certification for Section 8 Housing Programs for fiscal year ending June 30,
2001, be received, placed on file and "Resolution approving said
certification", be adopted and Mayor authorized to execute same Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-401.
115646 - Anders/Jordan
that communication from Assistant City Engineer transmitting Professional
Services Agreement with Earth Tech, Inc., in the amount of $51,000.00 for
design related services in conjunction with F.Y. 2002 Hanna Boulevard/Rainbow
Drive Box Culvert—Phase II and Rainbow Drive Box Culvert—Castle Hill Watershed,
Contract No. 639, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor and City Clerk authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-402.
115647 - Anders/Jordan
that communication from Associate Engineer transmitting Professional Services
Agreement with Earth Tech, Inc., in the amount of $33,000.00 for preliminary
and final design services in conjunction with Cedar River Trail (Phase I) from
Vinton Street to East 4th Street, STP -ES -8155(653)-0-81-07, Contract No. 640, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-403.
115648 - Anders/Jordan
that communication from City Planner transmitting agreement with the Iowa
Department of Economic Development (IDED) for Brownfield Redevelopment
Financial A4sistance funds in the amount of $691,750.00 to be used to acquire
properties generally located on Sycamore Street, East 6th and 8th Streets and
along the Cedar River, be received, placed on file and "Resolution approving
said agreement", be adopted and Mayor and City Clerk authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-404.
115649 - Anders/Jordan
that communication from Associate Planner transmitting application for Sissy
Fears for tax exemptions on improvements totaling $82,724.40 for property
located at 141 Sabrina Circle in the Consolidated Urban Revitalization Area
Plan, together with recommendation of approval, be received, placed on file and
"Resolution approving said application", be adopted and City Clerk instructed
to forward same to County Assessor. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-405.
115650 - Anders/Jordan
that communication from Associate Planner transmitting application for Laura
Lewis for tax exemptions on improvements totaling $1,944.00 for property
located at 650 Riehl Street in the Consolidated Urban Revitalization Area Plan,
together with recommendation of approval, be received, placed on file and
"Resolution approving said application", be adopted and City Clerk instructed
to forward same to County Assessor. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-406.
August 6, 2001 Page 14
DOCUMENTS CONTINUED
115651 - Anders/Jordan
that communication
and Recommendation
of Waterloo, Iowa,
Program, Contract
from Associate Engineer transmitting Completion of Project
of Acceptance of Work performed by Borwig Building Service
in conjunction with F.Y. 2000 Bridge Painting and Repair
No. 598, 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 assigned No. 2001-407.
115652 - Anders/Jordan
that communication from City Engineer transmitting application and permit with
Iowa Department of Transportation to sponsor highway planting in conjunction
with Highway 218 embankment between Washington Street and Southbound Highway
218, with funding from the University of Northern Iowa roadside program, be
received, placed on file and "Resolution approving said application and
permit", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-408.
RESOLUTIONS TO BE ADOPTED
115653 - Anders/Jordan
that communication from Assistant City Planner transmitting request to place a
moratorium on billboard applications for 60 days from date of Council hearing
pending finalization of proposed amendments to Outdoor Advertising Signs &
Billboards Ordinance be received, placed on file and "Resolution approving said
moratorium", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-409.
ORDINANCES TO BE ADOPTED
115654 - Berry/Murphy
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by amending Section 5-2-6, Discharging Weapons; and enacting in
lieu thereof a new Section 5-2-6, Discharging Weapons (allow Health Department
technicians to utilize pellet rifle to control burrowing animals on flood dike
system from May 1st through October 1st)", 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.
Councilperson Anders stated he has concerns about shooting with pellet guns.
Councilperson Anders stated as a citizen who jogs along the dike he is
concerned someone could shoot at him. Councilperson Anders suggested using
paint guns to do it correctly. Councilperson Anders asked if the technicians
will be the only ones allowed to shoot the pellet guns.
Police Chief Thomas Jennings stated this person will be a uniformed
technicians, and that Black Hawk County Health Department requested this
ordinance because of the damage caused to the dike by the burrowing animals.
Jamie Knutson, Associate Engineer, stated that every year the Army Corps of
Engineers check our flood dikes and every year they find damaged caused by the
burrowing animals. Mr. Knutson stated that the Black Hawk County Health
Department would use the pellet guns once the animals are trapped.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Nays: Anders. Motion carried.
115655 - Getty/Krizek
that rules requiring ordinances to be considered and voted for
prior meetings be suspended. Ayes: Five. Nays: Anders,
failed.
• •
passage at two
Berry. Motion
• •
August 6, 2001 Page 15
BILLS PAYMENT
115656 - Krizek
that "Resolution approving Schedule AP640, pp. 1-98, dated August 6, 2001, in
the amount of $2,205,890.54, 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 assigned No. 2001-410.
NEW BUSINESS
115657 - Krizek/Jordan
that communication from Waterloo Water Works General Manager transmitting
request of Joseph W. Boose to certify $405.00 for work performed by Waterloo
Water Works at 217 Locust Street, together with recommendation of approval of
Board of Waterloo Water Works Trustees, be received, placed on file and
"Resolution approving said request", be adopted and City Clerk instructed to
notify Black Hawk County Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-411.
115658 - Councilperson Gronen stated that it cost him over $2,000 to repair his
sidewalk, plus about $10,000 damage to his retaining wall. Councilperson
Gronen stated that he visited Rolling Meadows, Illinois recently and talked to
them about their sidewalk program. Rolling Meadows allows sidewalk shaving,
and it has worked well for them as long as the criteria is followed.
Councilperson Gronen stated he has received information regarding equipment
used to do shavings, which can be rented. Councilperson Gronen encouraged the
Engineering staff to look at sidewalk shaving, if not in this year's program,
then in future programs, as he feels it could save citizens thousands of
dollars.
Dennis Gentz, Assistant City Engineer, stated this assessment program is for
those citizens who chose not to hire someone to do the sidewalk repair or are
not eligible for the Block Grant Program.
Councilperson Gronen stated that Rolling Meadows allows shaving for " repairs.
Mr. Gentz stated that the city's program requires repairs for 41" rise in the
sidewalk.
Jordan/Murphy
that the F.Y. 2001 Sidewalk Repair Assessment Program—Zone 1, Contract No. 633,
be tabled one week. Ayes: Seven. Motion carried.
115659 - Jordan/Murphy
that the F.Y. 2001 Sidewalk Repair Assessment Program—Zone 1, Contract No. 633,
be tabled one week. Ayes: Seven. Motion carried.
115660 - Anders/Jordan
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with San Marnan Drive Turn Lane Construction, Grading,
Paving and Drainage, STP -U-8155(651)-70-07, Contract No. 624, be received,
placed on file and approved. Ayes: Seven. Motion carried.
115661 - Getty/Jordan
that plans, specifications, form of contract, etc. in conjunction with San
Marnan Drive Turn Lane Construction, Grading, Paving and Drainage, STP -U-
8155(651)-70-07, Contract No. 624, be received and placed on file. Ayes:
Seven. Motion carried.
115662 - Jordan/Krizek
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-412.
August 6, 2001 Page 16
NEW BUSINESS CONTINUED
115663 - Jordan/Murphy
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as August 27, 2001, at 5:30 p.m. in the City Hall Council
Chambers", be adopted and City Clerk instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-413.
115664 - Krizek/Anders
that communication from City Engineer transmitting recommendation to accept bid
and contract from Aerial Services of Cedar Falls, Iowa, for Survey -Grade GPS
System in the amount of $50,790.60, be received, placed on file and "Resolution
approving award of said bid and contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-414.
115665 - Krizek/Anders
that communication from Chief of Police transmitting grant from the U.S.
Department of Justice for F.Y. 2001 Local Law Enforcement Block Grant (LLEBG)
in the amount of $112,437.00, with local match of $12,493.00 be received,
placed on file and "Resolution setting date of hearing as August 27, 2001, at
5:30 p.m. in the City Hall Council Chambers on the above described grant", be
adopted and City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-415.
115666 - Krizek/Anders
that "Resolution setting of date of hearing as August 20, 2001, on proposed
revisions to election wards and precinct boundaries", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution ®dopted and upon approval by Mayor assigned No. 2001-416.
TRAVEL REQUESTS
115667 - Berry/Murphy
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Eric Thorson, City Engineer, to attend American Public Works Association,
Iowa Chapter 2001 Fall Conference in Burlington, Iowa, on August 15-17,
2001, with costs not to exceed $265.00, including use of city vehicle.
2. Nancy Eckert, City Clerk, to attend Iowa League of Cities 103rd Annual
Conference and Exhibit in Waterloo, Iowa, on September 12-14, 2001, with
costs not to exceed $140.00.
3. Don Temeyer, City Planner; Terrance Malone, Associate Planner; and Deborah
Berry, Councilperson, to attend Brownfields 2001 Conference in Chicago,
Illinois, on September 23-26, 2001, with costs not to exceed $770.00 each,
including use of city vehicle.
4. Gary L. Heinick, Associate Engineer, to attend American Public Works
Association Storm Water Workshop NPDES Phase II in Kansas City, Missouri,
on August 20-21, 2001, with costs not to exceed $299.00, including use of
city vehicle.
5. Tom Jennings, Police Chief, to attend the Executive Training Conference
sponsored by U.S. Department of Justice in Des Moines, Iowa, on September
10-12, 2001, with costs not to exceed $225.00, including use of city
vehicle.
6. Ethel Washington, Waterloo Housing Authority Director; and Wanda Hill,
Housing Coordinator, to attend Public Housing Authority Staff Conference in
Washington, D.C. on August 20-24, 2001, with costs not to exceed $2,000.00.
Ayes: Seven. Motion carried.
• •
August 6, 2001
MISCELLANEOUS
115668 - Getty/Berry
Page 17
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
The General Store, 3821 University Avenue (New) (Expires 8/7/02)
2. Beer License Permit Application
Class B
La Chiquita, Inc., 301 East 4th Street (New) (Expires 8/6/02) (Includes
Sunday Sales)
3. Beer/Liquor License Permit Application
Class C
Bo's, 118 Commercial Street (Renewal) (Expires 8/9/02) (Includes Sunday
Sales)
Ayes: Seven. Motion carried.
BONDS
115669 - Anders/Berry
that the report of the City Attorney and list of bonds filed with the City
Clerk through August 6, 2001, be received, placed on file and report and bonds
be approved. Ayes: Seven. Motion carried.
115670 - City Attorney Jim Walsh stated discussion of acquisition of property is an
approved topic of Executive Session pursuant to Iowa Code Section
21.5(1) (j)2001
Murphy/Gronen
that the Council adjourn to Executive Session at 7:48
Motion carried.
115671 - Getty/Berry
p.m.
Ayes: Seven.
that the Council adjourn Executive Session at 7:55 p.m. Ayes: Seven. Motion
carried.
ADJOURNMENT
115672 - Getty/Krizek
that the Council adjourn at 7:55 p.m. Ayes: Seven. Motion carried.
`A/L`v"-Ar ec-ks,±-
Nancy Eckert
City Clerk