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HomeMy WebLinkAboutMinutes-08/20/2001August 20, 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 20, 2001. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Vicki Pospisil, Calvary United Methodist/Urban Minister. Pledge of Allegiance: Councilperson Harold Getty. 115717 - Jordan/Murphy that the Agenda, as amended to add Item 18a, for the Regular Session on Monday, August 20, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 115718 - Murphy/Gronen • that the Minutes, as proposed, for the Regular Session on Monday, August 13, 2001, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring August 25, 2001, as Korean War Veterans Recognition Day. Mayor Rooff performed swearing in of Police Officers Gregory Kemp and Reggie Duvel. ADJOURNED HEARING 115719 - Mayor Rooff stated now was the time to reconvene the adjourned hearing from August 6, 2001 (see CR 115628) 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. 115720 - Mayor Rooff stated he has a list of questions regarding the rezoning request. In answer to the question what will the tax base be for each lot, Scott Nelson, 101 Crestview and ASL Investments, stated he submitted a packet of information to everyone last Tuesday answering each question with supporting documents. Mr. Nelson stated the property will be taxed as real estate, and that he received an opinion from the Iowa Department of Revenue and Finance that the modular homes will be assessed and taxed as real estate. Mayor Rooff asked what the cost of 182 homes would be to the city. Don Temeyer, City Planner, replied that the normal procedure is that the developer would be responsible for all costs for street improvements. Mr. Temeyer stated that the developer has indicated he may ask the city to extend sanitary sewer to the site. Mr. Temeyer stated that it could cost $67,000 to $75,000 to extend the sanitary sewer, which could be paid from sewer fees. Mayor Rooff stated there was a question as to what would be the cost to the city for the streets and if the developers have to put in landscaping along the corridor. Mayor Rooff stated there would be snow removal and normal maintenance costs for the streets. Mr. Temeyer stated that 20 years is usually the life for a street. Mr. Temeyer stated landscaping along Highway 218 will require approximately two trees. In response to the question is "R-1" a possibility, Mr. Temeyer stated that the developers originally requested a "R-4" Multiple Residence rezoning, and that the Planning, Programming and Zoning Commission approved a "R-2" One and Two Family Residence District. Mr. Temeyer stated that the council would have to set a new date of hearing to rezone the property to "R-1". In response to the question would the development be a problem for the school system, Mr. Nelson responded he received a letter from Arlis Swartzendruber, Superintendent of Waterloo Community Schools, that the School District would welcome an influx of students, and that approximately 70 students would likely come from 180 new houses. Mr. Swartzendruber reported in his letter that the School District would have ample space in the schools for the new students. In response to the question on water retention, Eric Thorson, City Engineer, stated that is not required in residential developments, but the developer will have to prepare a storm water plan to be approved by the city council. Mr. Thorson stated that the Engineering Department feels the storm water flows would not significantly increase if the area is changed from agricultural to residential zoning. Mr. Thorson stated a five year rainfall design for development of this area is 83.90 cu.ft. per second, which is a 5.4 percent increase. August 20, 2001 Page 2 ADJOURNED HEARING CONTINUED Wendell Lupkes, of Van Winkle -Jacob Engineering, Inc., stated that according to the information he received from Iowa Northland Regional Council of Governments they feel the roadways have the capacity to work. Mr. Lupkes stated 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 the intersection. In answer to the question what if the developer only puts in one street at a time and then doesn't complete the project, Mr. Nelson replied that the development will be built in phases and each phase will be self-contained. Mr. Temeyer stated that the city council will approve the preliminary plat which will lay out designated streets. Mr. Temeyer stated that happened in the 80s when some developments were not completed because of the economy, but now they are building again. Mr. Nelson stated he has signed a letter agreeing to conditions for the development as follows: 1) That the land -leased community will contain a variety of modular homes, or homes of similar design and construction, not manufactured housing or mobile homes, as presented in the Design Homes, Inc. pamphlet that was presented at the city council meeting; 2) That the homes placed within the land -leased community will be oriented so that the fronts of the homes, or where the front door is located, face the street which is considered as their front yard; 3) In accordance with "R-2" District Zoning, the project will not be a mobile home park. Mr. Temeyer stated that the proposed development would be classified as low density residential. Mr. Nelson stated that the neighboring developments are either "R-2" or "R-3", and he does not think it is appropriate to be asked to be the only "R-1" out there. Mr. Nelson stated he talked to many of the council and answered all their questions, and the rezoning was tabled for two weeks to allow the council an opportunity to get information. Mr. Nelson stated that the development will provide new homes and expand the tax base. Councilperson Getty stated that Mr. Nelson commented at the hearing two weeks ago that the cost for a lot with a garage would be around $30,000, and he asked Mr. Nelson of the lots could be purchased. Mr. Nelson replied not at this time. Councilperson Gronen asked if the building inspectors sign off of the inspection when there is an independent third party. Louis Cutwright, Building Official, stated that according to state law and HUD, when there is a third party the Building Department does not go inside, but the foundation is inspected, a permit is required and the hook up is inspected. Mr. Cutwright stated that the Building Department will look at the first home and indicate that the homes must be built to this standard. Mr. Cutwright stated that the Building Department will look at the set of plans to see if they comply with the city's code. Jay Nardini, 5414 Blue Bonnett Drive, read a prepared statement. Mr. Nardini stated that the council is opening up a Pandora's Box if they approve a land - lease subdivision. Mr. Nardini stated that there are no land lease subdivisions in Iowa, and that he could not find one in Linn or Polk Counties. Mr. Nardini stated he reviewed the Zoning Ordinance and it contains nothing about land lease except for mobile homes and the reason is it is covered by the State Code of Iowa. Mr. Nardini reviewed Chapter 14, Section 414.28A, Land - leased communities, of the Iowa Code. Mr. Nardini stated that Section 414.28A does not cover modular homes, only manufactured homes. Mr. Nardini stated that the wiser course of action for the council is to vote the rezoning down. Mr. Nardini asked if modular homes are allowed in "R-1" or "R-2" developments. Mr. Nardini stated he feels they should only be allowed in "R-3" or "R-4" because they are less restrictive. Mr. Nardini stated this development has more in common with a mobile home park. Mr. Nardini asked if the development should be required to have basements and what about green space. Mr. Nardini asked if we should supply snow removal, storm water system, etc. in a land -leased community. Mr. Nardini asked why would anyone pay $60,000 to $80,000 for the home, pay lot rent and full taxes on the home. Mr. Nardini stated that no reasonable person would want to locate in this development. Mr. Nardini asked what would stop the developer from raising the lease. Mr. Nardini stated the residents in the area are reasonable people, and they do not live in a gated community. Mr. Nardini stated they knew what was out there, they like the rural setting and quality of life. Mr. Nardini stated the residents oppose the rezoning for many reasons, and it is not about modular homes vs. mobile homes. Mr. Nardini stated that 60 foot lots were standard 60 years ago, and that no one moves td the country for 60 foot lots, that people want space. Mr. Nardini stated let's raise the bar instead of lowering it. Mr. Nardini stated the residents are not just a bunch of people complaining, and that he does not feel this is a good idea. Mr. Nardini urged the council to vote the proposal down, and that they expect a no vote tonight. August 20, 2001 • • ADJOURNED HEARING CONTINUED Page 3 Roger Kalsem, 427 Belle Street, stated that there is not a single person who understands this development, that it is far ahead of us. Mr. Kalsem stated he called Design Homes at Prairie du Chien, Wisconsin and asked what is a slab foundation, and they explained slab footings and slab foundations. Mr. Kalsem stated he asked Design Homes about slab foundations on modular homes, and they do not recommend it. Mr. Kalsem stated Mr. Nelson deceived us regarding land - lease arrangements, slab foundations and also tax revenue. Mr. Kalsem stated he did not come up $400,000 in tax revenue using $70,000 per house (with no homestead). At $23.00 per $1,000 it comes to $17,000 per house and $8,000 per lot, which is $310,000 tax revenue at best. Mr. Kalsem stated Waterloo does not need any more fiascoes like Grey Hound Park, the downtown ramp and the Five Sullivan Brothers Convention Center. Mr. Kalsem stated we need to rethink this. Tom Burns, 5828 Cimmarron Lane, stated that he previously earned a living financing homes, and that there is a difference between rental property and a home. Mr. Burns stated that the key is tying the home to the ground, which the developers are not doing. Mr. Burns stated these are not home owners, these are renters. Mr. Burns asked what would happened if the home is repossessed. Mr. Burns stated this is not real estate. John Humpal, 5222 Dysart Road, submitted a petition with over 200 signatures against the rezoning request. Mr. Humpal stated he went to Des Moines and did not find any subdivision like this one. At the Planning and Zoning Commission it was mentioned where to find one in Marion, but it is a mobile home park. Mr. Humpal stated two weeks ago Mr. Nelson reported there was one in Polk County and one in Linn County. Mr. Humpal stated there are none in these counties or anywhere in Iowa. Mr. Humpal stated that this typical land use is in mobile parks. Mr. Humpal stated that Mr. Nelson was quoted in yesterday's paper as saying these will look like the homes in Southdale and Westdale, but they won't as these lots are 40 percent smaller. Mr. Humpal stated he is not against developing but is interested in shaping our community. Mr. Humpal asked if the council was willing to let this property be a guinea pig for someone else's experiment. The resident at 1407 Belle Street stated that he is currently building a house by Orange School, and this development will not meet the requirements he had to meet. He stated we should set our sights higher. He stated we all agree Waterloo needs home, but lets not be guinea pig for these types of homes. Dan Koch, 2808 Cimmarron Lane, passed out copies of Sections 414.28A, 435.1 and 435.22 of the Iowa Code regarding land -lease communities. Mr. Koch stated ASL Investments wants to rezone "R-2" under Section 414.28A, but no where is the word modular used, only term used is manufactured homes. Rita Keifer-Humpal, 5222 Dysart Road, submitted an additional petition with signatures opposing the rezoning. Ms. Humpal stated the CSR rating for this property is 90, that this is prime farm land. Ms. Humpal stated she challenges the figures from the City Engineer on the water shed. Ms. Humpal stated you need 20 to 30 percent of undeveloped space to accurately develop a site. Ms. Humpal stated this land is currently a hog field and it returns the water very well. Ms. Humpal stated she feels this high density development will run a lot more water." Ms. Humpal stated she is not opposed to new development, but she expects the city to promote development that will enhance our community. Ms. Humpal asked the council to step up to the plate and stop sending water to our neighbors. Ms. Humpal stated she feels the residents' quality of life is being compromised. Ms. Humpal asked why do we compare new developments with the 50s and 60s as these are new times. Ms. Humpal asked the council not to put them in an area where they are unwanted. Ms. Humpal asked what kind of jobs will these homes attract. Ms. Humpal stated we need to set higher expectations. Ms Humpal commented that in the May 18, 2000 Courier we were told we really need homes in the $125,000 range, that is what the study showed. Ms. Humpal stated the city council is elected by the majority, and it is their job to look out for the majority. Mr. Nelson stated that the developer will put in concrete foundations with a crawl space. Mayor Rooff stated that the $400,000 tax figure has come from the County Assessor. Jim Walsh, City Attorney, stated that the sections of the Iowa Code quoted earlier are somewhat confusing, and that he interprets the code that the modular home will be subject to taxes as any home. Mr. Walsh stated Mr. Nelson will be taxed on the lot and the homeowner will be taxed on the home as a residential subdivision. Mr. Walsh stated this has not been addressed in Iowa law when these homes are on a fixed place. Mr. Walsh stated that we do not have an ordinance or statutory law which deals with this type of development. August 20, 2001 Page 4 ADJOURNED HEARING CONTINUED Mr. Nelson stated he keeps hearing about the farm land when ultimately Mr. Brustkern wants to sell this farm, and that it is his right to sell the farm. Councilperson Anders asked Mr. Nelson about his reference to Marion, Ankeny and West Des Moines. Mr. Nelson stated that is where the developers got the idea, but it is not the same. Mr. Nelson stated he apologizes to the people here if the developers have come up with an unique idea. Mr. Nelson stated it is very well defined what they want to do. Councilperson Berry asked Mr. Nelson if he would consider selling the lots or if it is just strictly leasing. Mr. Nelson responded that is not what they want to do or the way they designed it. Mr. Nelson stated that the contractual relationship will include a long-term land lease. Councilperson Jordan stated it sounds like the homeowners will have three payments. The homeowner will make the loan payment, taxes, lease and utilities, which could costs $1,200 per month on a $80,000 home. Mr. Nelson responded they will have to pay taxes no matter where they live, and he is looking at two income families. Mr. Nelson stated that yes he will make money on the development. Councilperson Krizek asked how the financing will be arranged and if the banks and Fannie Mae are opened to this. Mr. Nelson responded this is a little different from the traditional loan because of the land lease which has to encompass the life of the contract. Mr. Nelson stated he does not know if Fannie Mae is interested, but that some banks have expressed an interest. Mr. Nelson stated the developers still have things to do, that this is just the first hurdle. A resident asked how will they resell the property if someone moves, will it appreciate or depreciate. He asked how will they get their money back. Councilperson Jordan asked if they do the development in phases and if the economy slows down is the city responsible to take care of it. Mr. Temeyer stated that it has been past practice that once the streets are built to city standards, the city accepts the streets and takes over maintenance of the street. Councilperson Anders stated that financing is not an issue that should come up at this hearing, that if Mr. Nelson gets an affirmative vote, it is his problem not the city council's problem. How he finances the development is up to him and not the council. Councilperson Anders stated that regarding the question why would a person buy a home and lease the lot, if Mr. Nelson wants to do this and people want to it is up to the public if that is what they want to do. Councilperson Anders stated that if Mr. Nelson finds customers more power to him. Councilperson Gronen stated he has a relative who purchased a home like this in 1978, and that he met with neighborhood resistance, but the home looks like a stick build home. Councilperson Gronen stated he has a daughter who is purchasing a condominium in Chicago, she does not own the land, but makes payment on the condominium and a payment to the Association. Councilperson Gronen stated he is concerned with the "not in my back yard" attitude that all of us can have when we perceive something affects our quality of life. Getty/Murphy that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, petitions of opposition and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 115721 - Krizek/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 327 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Jordan. Motion carried. 115722 - Anders/Krizek `4 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Jordan. Motion carried. • August 20, 2001 • • ADJOURNED HEARING CONTINUED 115723 - Anders/Gronen Page 5 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 327 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Nays: Jordan. Ordinance adopted and upon approval by Mayor assigned No. 4498. HEARINGS 115724 - Krizek/Anders that proof of publication of notice of public hearing on proposed revisions to ward and precinct boundaries, as published in the Waterloo Courier on August 8, 2001, be received and placed on file. Ayes: Seven. Motion carried. 115725 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Krizek that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 115726 - Jordan/Anders that "an Ordinance revising ward and precinct boundaries", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 115727 - Murphy/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 115728 - Krizek/Jordan that "an Ordinance revising ward and precinct boundaries", be considered and passed for the second time. Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 115729 - Berry/Jordan that communication from Acting Fire Chief transmitting request to hold annual Muscular Dystrophy Association (MDA) Boot Block Drive on August 31, 2001, from 2:00 p.m. to 6:00 p.m., September 1-2, 2001, from 10:00 a.m. to 2:00 p.m. at the intersections of LaPorte Road and San Marnan Drive, Kimball and Ridgeway Avenues, Ansborough Avenue and Black Hawk Road and Franklin and East 1St Streets and on September 3, 2001, from 12:00 p.m. to 5:00 p.m. at the intersection of San Marnan Drive and LaPorte Road, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-445. 115730 - Berry/Jordan that communication from City Engineer transmitting request of Michael M. Keys for a waiver for an asphalt driveway to be located at 1525 Huntington Road, 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. 2001-446. 115731 - Berry/Jordan that communication from City Engineer transmitting request of Jeanette Gibson for a waiver for an asphalt driveway to be located at 251 Four Seasons Drive, 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. 2001-447. August 20, 2001 PETITIONS FROM PUBLIC CONTINUED Page 6 115732 - Berry/Jordan that communication from City Engineer transmitting request of Patricia Shafer for a waiver for an asphalt driveway to be located at 1435 Huntington Road, 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. 2001-448. DOCUMENTS 115733 - Berry/Jordan that communication from Assistant City Engineer transmitting construction plans for paving the extension of the 1500 block of Hyperion Drive, as submitted by Hall and Hall Engineers, Inc. of Cedar Rapids, Iowa, together with recommendation of approval, be received, placed on file and "Resolution approving said construction plans", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-449. 115734 - Berry/Jordan that communication from Associate Planner transmitting application for Chad Coffin for tax exemptions on improvements totaling $9,800.00 for property located at 816 Bishop Avenue 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. 2001-450. 115735 - Berry/Jordan that communication from Senior Planner transmitting Indemnity Agreement with Young Development Co., LC, to hold the city harmless from damages resulting in conjunction with construction of property generally located at 4416 Reflection Lane, 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. 2001-451. 115736 - Berry/Jordan that "Resolution approving acquisition contract with Union Planters Bank to acquire property generally described as 910 Sycamore Street in the amount of $185,000 in conjunction with the Iowa Brownfields Acquisition project for riverfront housing along the Cedar River", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-452. 115737 - Berry/Jordan that communication from Assistant City Planner transmitting Hazard Mitigation Grant Application with the Federal Emergency Management Agency for funding in the amount of $250,000.00 in conjunction with the Acquisition/Relocation of Litzkow Salvage Operation be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-453. RESOLUTIONS TO BE ADOPTED 115738 - Gronen/Murphy that "Resolution authorizing allocation of $1,500.00 Hotel/Motel discretionary tax funds to the third annual Reickert Pleasure Celebration Horse Show at the National Cattle Congress", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-454. • • August 20, 2001 ORDINANCES TO BE ADOPTED 115739 - Getty/Murphy Page 7 that "an Ordinance adding Subsection B3 to Section 5-2-6, Discharging Weapons, of Chapter 2, General Offenses, of Title 5, Police Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa (allow Health Department technicians to utilize pellet rifle to control burrowing animals on flood dike system from May 1St through October 13t)", be considered and passed for the third time and adopted. Ayes: Five. Nays: Anders, Berry. Ordinance adopted and upon approval by Mayor assigned No. 4499. 115740 - Krizek/Jordan that "an Ordinance amending the 2000 Traffic Code by adding Subsections (15a) Conger Street and (40a) Newell Street to Section 582, Truck Traffic Prohibited on Certain Streets (embargo trucks on Conger Street from River Road to Highway 63 and on Newell Street from Highway 63 to Northeast Drive)", 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 Berry stated she is comfortable with embargoing Newell Street just to Northeast Drive rather than North Elk Run Road as it is past the residents on Bishop. Councilperson Berry stated this would be fair to the neighbors and the trucks. Councilperson Anders stated that he traveled Newell Street from Elk Run Road to Sans Souci and encountered eight trucks, that just as the neighbors said there are a lot of trucks. A representative from Ryder Integrated Logistics stated that they are opposed to any embargo on Newell and Conger Streets. He asked the council to table action on the ordinance until another traffic count is taken. He stated his company has diverted all but one run to Martin Luther King Jr. Drive. Sandie Greco, Superintendent of Traffic Operations, stated that a traffic count was taken on August 6 and August 9, 2001 from 7:00 a.m. to 9:00 a.m., 11:00 a.m. to 1:00 p.m. and 3:00 p.m. to 5:00 p.m. A representative from Ryder Integrated Logistics stated that they have worked with Warren Transport drivers to avoid Conger and Newell Streets except for one run. He stated that this adds about 25 percent more time on time sensitive runs. He stated he would like to see these streets open because of traffic, weather, etc. He stated that when you travel from Westfield to East Donald Street, using Martin Luther King Jr. Drive instead of Newell Street adds about 15 more minutes each way. He stated that the design of Martin Luther King Jr. Drive to Franklin Street to Highway 63 has very tight turns and trucks will have to wait until cars move. He stated the increase in number of traffic signals adds 15 minutes. He stated that some suppliers for John Deere could be affected as they have to get to certain suppliers. He stated that he is working with the city to do a formal letter showing alternate routes for drivers. He stated there needs to be larger turn lanes on Franklin and Martin Luther King, Jr. Drive, Sixth Street and Martin Luther King Jr. Drive and Commercial and First Streets. He stated he understands the residents wanting to keep trucks out of the area, but he would like it open or at least supplemental routes. Mike Zierath, of Warren Transport, stated that his company opposes any embargo on Conger or Newell Streets. Mr. Zierath stated the embargo will force drivers on more congested areas. Mr. Zierath stated that alternate routes are not viable routes as Franklin Street is heavily traveled, and it is hard to get around the corner. Mr. Zierath asked the council to keep the roads as they are to keep the trucks out of heavy traffic areas. Mr. Zierath stated that the embargo will decrease production of the trucks by 25 percent. Mr. Zierath stated Warren Transport recently reduced the number of trucks that serve Deeres from 22 to 17. Mr. Zierath stated that the downtown area will have to absorb additional traffic, and the embargo will add approximately 25 percent more in fuel consumption. Mr. Zierath stated costs will increase if trucks have to go outside of the city. Mr. Zierath stated that Elk Run Road was still closed for resurfacing during the dates the traffic count was done which increased truck traffic. Mr. Zierath stated he is okay with using Martin Luther King Jr. Drive, but not in favor of closing Newell Street to truck traffic. Mr. Zierath stated that it is not always feasible to go out and around to Martin Luther King Jr. Drive. Mr. Zierath stated that local suppliers are not the only ones using these streets, and that many come from great distances. Mr. Zierath asked the council not to do the embargo to allow access to the businesses, and that it is unacceptable to some business owners in the area. Mr. Zierath asked how we, as a community, are going to generate interest in the Northeast Industrial Site with only one access. Mr. Zierath stated that Wonder Bread just moved out there, and he is not sure how they will access their building. August 20, 2001 Page 8 ORDINANCES TO BE ADOPTED CONTINUED Mr. Andrews, of Warren Transport, stated that they have used these streets for 20 years. Mr. Andrews stated that if the council embargoes Newell and Conger Streets, the trucks will travel Franklin Street, Fifth Street, Sixth Street and go by City Hall where there will be pedestrians, and that is a real safety factor. Mr. Andrews stated using Martin Luther King will be twice the distance then coming across Newell and Conger Streets and their costs will double. Mr. Andrews asked the council not to close Newell and Conger Streets to truck traffic. In addition, Mr. Andrews stated the city will have to plow two different areas with this embargo. Mr. Andrews asked that the city do another traffic count. Councilperson Berry stated she has concerns for the businesses and residents, but we know there is a truck situation on Newell Street. Councilperson Berry stated there are over 250 trucks going down Newell Street daily, damaging the homes. Councilperson Berry stated that Newell Street will have a lot of children with school starting again. Councilperson Berry stated that it was her understanding that when Martin Luther King Jr. Drive opened this was going to be the route for the trucks, and that Martin Luther King Jr. Drive was constructed for this purpose. Carl Adrian, Executive Director of the Cedar Valley Economic Development Corporation, stated they have concerns for existing businesses and also how they will market that area in the future. Mr. Adrian stated that limiting access will make it hard to market the northeast part of the city. Mr. Adrian urged the council to leave Newell Street open, take new traffic counts and table the ordinance until the council has new information. Mr. Adrian stated he believes this will just push traffic to a new location, and the city should look at long-term solutions. Clayton Fisk, of Warren Transport, stated that Warren Transport serve many businesses, and Newell Street serves as a direct link between Northeast Industrial area and other businesses. Mr. Fisk stated that Warren Transport put their facility there because they were assured we would always have that access. Mr. Fisk stated this will be detrimental to their business, will increase fuel costs, tires, emission and reduce efficiency. Mr. Fisk stated his company is concerned about safety as is the city council. Mr. Fisk read a written statement to the council. Mr. Fisk asked the council to weigh all the ramifications with safety at the top. Mayor Rooff stated that the city is trying to make residents' life a little more enjoyable, and we have to determine what to do to help them. Mayor Rooff stated that we are hearing tonight that we need to keep Newell Street open, and we are also hearing that a lot of trucks could be re-routed to Martin Luther King Jr. Drive. Councilperson Gronen stated he is sympathetic to the residents as he lives near Conger Street and hears the trucks. Councilperson Gronen stated he also sympathizes with the businesses because he knows businesses make cities grow. Councilperson Gronen stated he would like to table the ordinance for two weeks, and he would like to ride with drivers and work on an alternate route. Eric Thorson, City Engineer, stated that Black Hawk County was doing an overlay project out there and also on Donald Street east of North Elk Run Road, but they just finished that project last week. Mr. Thorson stated that the city might want to take another traffic count. Councilperson Berry asked if businesses were informed that when Martin Luther King Jr. Drive opened it would be the new truck route. Don Temeyer, City Planner, stated that three weeks ago he talked to businesses to develop a new route, and the city is working with Ryder Integrated Logistics and IBP to develop new rider orders to get trucks off of Newell Street. Councilperson Berry stated she would recommend the council pass the ordinance for the first time to give the council time to look at the routes. Councilperson Berry stated she believes this is something the city must seriously consider. Mr. Thorson stated he will have a map for the council by tomorrow. Councilperson Berry agreed to table the ordinance for two weeks. With approval of the mover and seconder, the above motion was withdrawn. Jordan/Getty that "an Ordinance amending the 2000 Traffic Code by adding Subsections (15a) Conger Street and (40a) Newell Street to Section 582, Truck Traffic Prohibited on Certain Streets (embargo trucks on Conger Street from River Road to Highway 63 and on Newell Street from Highway 63 to Northeast Drive)", be tabled to September 4, 2001. Ayes: Seven. Motion carried. • August 20, 2001 ORDINANCES TO BE ADOPTED CONTINUED 115741 - Jordan/Krizek • Page 9 that "an Ordinance amending the 2000 Traffic Code by adding Subsection (135a) Kimball Avenue and Mitchell Avenue to Section 540, Obedience to Official Traffic -Control Devices; and by repealing Subsection (39) Kimball Avenue of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new (39) Kimball Avenue of Section 541, Increasing Speed Limits in Certain Areas (installation of traffic signal at the intersection of Kimball Avenue and Mitchell Avenue and changing speed limit on Kimball Avenue between Carolina Avenue and Bourland Avenue from 30 mph to 25 mph)", be received, placed on file, considered and passed for the fist time. Ayes: Seven. Motion carried. 115742 - Anders/Berry that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 115743 - Berry/Jordan that "an Ordinance amending the 2000 Traffic Code by adding Subsection (135a) Kimball Avenue and Mitchell Avenue to Section 540, Obedience to Official Traffic -Control Devices; and by repealing Subsection (39) Kimball Avenue of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new (39) Kimball Avenue of Section 541, Increasing Speed Limits in Certain Areas (installation of traffic signal at the intersection of Kimball Avenue and Mitchell Avenue and changing speed limit on Kimball Avenue between Carolina Avenue and Bourland Avenue from 30 mph to 25 mph)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4500. BILLS PAYMENT 115744 - Krizek that "Resolution approving Schedule AP640, pp. 1-86, dated August 20, 2001, in the amount of $1,160,043.43, 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. 2001-455. NEW BUSINESS 115745 - Berry/Getty to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with Furgerson-Fields Restroom Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 115746 - Jordan/Anders that plans, specifications, form of contract, etc. in conjunction with Furgerson-Fields Restroom Project, be received and placed on file. Ayes: Seven. Motion carried. 115747 - Murphy/Gronen 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. 2001-456. 115748 - Getty/Berry that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 10, 2001, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-457. August 20, 2001 Page 10 NEW BUSINESS CONTINUED 115749 - Berry/Getty to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2001 Golf Course Restroom/Shelter Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 115750 - Jordan/Anders that plans, specifications, form of contract, etc. in conjunction with 2001 Golf Course Restroom/Shelter Project, be received and placed on file. Ayes: Seven. Motion carried. 115751 - Murphy/Gronen 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. 2001-458. 115752 - Getty/Berry that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 17, 2001, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-459. 115753 - Getty/Jordan that communication from Mayor Rooff transmitting recommendation of appointment of the following to the Leisure Service Commission: Josef Fox and John Delorbe, with term expiration date of March 1, 2004; and reappointment of Bob Molinaro, with term expiration date of March 1, 2004, be received, placed on filed and approved. Ayes: Seven. Motion carried. TRAVEL REQUESTS 115754 - Krizek/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Andrew Clark and Gregory Fangman, Police Officers, to attend Standardized Field Sobriety Testing Instructor School in Johnston, Iowa, on August 20- 23, 2001, with costs not to exceed $219.10, including use of city vehicle. 2. Cammie Scully, Cultural and Arts Director, to meet with Director of DCA and CJ to secure funding for Folklife Festival and to meet with IAC staff regarding operating grant in Des Moines, Iowa, on August 21-22, 2001, with costs not to exceed $135.00. Ayes: Seven. Motion carried. MISCELLANEOUS 115755 - Getty/Jordan that the following fireworks display permits be received, placed on file and approved: 1. Application for Fireworks Display VGM Group, 1111 West San Marnan Drive on September 7, 2001. Lost Island Water Park, 2225 East Shaulis Road on August 18, 2001. Ayes: Seven. Motion carried. ADJOURNMENT 115756 - Jordan/Berry that the Council adjourn at 8:10 p.m. Ayes: Seven. Motion carried. fckliaL Nancy ckert • City Clerk •