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HomeMy WebLinkAboutMinutes-12/03/2001December 3, 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, December 3, 2001. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Robert Fields, Hagerman Baptist Church, GARBC. Pledge of Allegiance: Walter Reed, Executive Director of Human Rights. 116185 - Councilperson Anders stated that he would like the ordinance prohibiting vehicles over 90 inches in width from parking on residential streets deleted from tonight's agenda. Councilperson Anders stated he would like to leave the ordinance as it currently reads and have the police enforce it. Councilperson Anders stated if the council passes the ordinance at 90 inches, someone will park a vehicle 93 inches wide. Police Chief Tom Jennings stated the current ordinance covers commercial vehicles by gross weight, and this ordinance would make it easier for the officers when writing citations. Chief Jennings stated the Police Department will use Iowa Code Section 321. Getty/Anders that the Agenda, as amended to delete Item No. 17 and beer/liquor license application for Tony's Trattoria, for the Regular Session on Monday, December 3, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 116186 - Jordan/Krizek that the Minutes, as proposed, for the Regular Session on Monday, November 19, 2001, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff presented a Certificate of Appreciation to Police Sergeant Randall Schoenfelder for 30 years of service. HEARINGS 116187 - Jordan/Murphy that proof of publication of notice of public hearing on Equipment for Fire Rescue 301, as published in the Waterloo Courier on November 21, 2001, be received and placed on file. Ayes: Seven. Motion carried. 116188 - 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. 116189 - Berry/Getty that "Resolution approving purchase of said equipment in the amount of $29,791.50", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-649. 116190 - Krizek/Jordan that proof of publication of notice of public hearing on the request of Stainless Plus to rezone from "R-2" One & Two Family Residence District to "C - 1,C -Z" Conditional Commercial District property generally located at 3533 Cedar Terrace Drive for the purpose of locating a stainless welding shop, as published in the Waterloo Courier on November 21, 2001, be received and placed on file. Ayes: Seven. Motion carried. 116191 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. A partner of Stainless Plus stated that everything will be left in the building. He stated the site was previously used as a sawmill and is currently a storage facility. He asked that the council approve the rezoning request. December 3, 2001 HEARINGS CONTINUED Krizek/Jordan Page 2 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. 116192 - Anders/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 94 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116193 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116194 - Jordan/Anders that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 94 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4526. 116195 - Krizek/Jordan that proof of publication of notice of public hearing on the request of Claassen Engineering on behalf of Kevin Graves to rezone from "A-1" Agricultural District to "R-3" Multiple Residence District property generally located along East Orange Road across from Hawkeye Community College for the purpose of construction of apartment complexes, as published in the Waterloo Courier on November 21, 2001, be received and placed on file. Ayes: Seven. Motion carried. 116196 - 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. 116197 - Anders/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 329 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116198 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116199 - Jordan/Anders that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 329 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. 4527. 116200 - Getty/Gronen that proof of publication of notice of public hearing on request of Richard Harris to vacate, sell and convey the platted right-of-way generally located to the north of property at 4062 Niles Street for $858.00 for the purpose of construction of a garage, as published in the Waterloo Courier on November 21, 2001, be received and placed on file. Ayes: Seven. Motion carried. • • December 3, 2001 • • HEARINGS CONTINUED Page 3 116201 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Getty asked that this item be tabled indefinitely as the property owner next door has not been informed that the property was for sale. Getty/Anders that the hearing be tabled indefinitely. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 116202 - Jordan/Murphy that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $53,462.16 to WATCO Construction, Inc., of Waterloo, Iowa, in conjunction with F.Y. 2002 South Hills Golf Course Sanitary Sewer, Contract No. 643, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-650. REPORTS 116203 - Getty/Gronen that communication from City Clerk transmitting Abstract of Votes for November 6, 2001, Municipal Election be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 116204 - Berry/Jordan that communication from Main Street Waterloo Executive Director transmitting an agreement with the Iowa Department of Economic Development to continue the Main Street Program 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. 2001-651. 116205 - Berry/Jordan that "Resolution approving Acquisition Contract with Doris Ruffridge to acquire property generally described as the parking lot near 910 Sycamore Street in the amount of $50,000.00 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Anders stated that the $50,000.00 acquisition price has the council's attentions. Councilperson Anders stated that the council has looked at the property, and none of them would pay $50,000.00 for the lot. Councilperson Anders stated that the property will be purchased using state money, not property tax money. Councilperson Anders stated he supports the purchase of this property. Councilperson Anders asked what happens if the entire area does not develop, if a developer does not step up and the city owns the land. Don Temeyer, City Planner, stated that the city is doing environmental assessments on these properties because it is a risky area, and so that future developers will not find something. Mr. Temeyer stated that the Iowa Department of Economic Development says if the development does not take place in five years, the loan becomes a forgivable loan. Mr. Temeyer stated that the city would have to pay for the loan if we go ahead with the project, and then we would use taxes from the TIF District. Councilperson Jordan stated he does not feel good about the acquisition of the property, and that it does not look like it is worth $50,000.00. Councilperson Jordan stated it is a Catch-22 situation, and that he will support the purchase, but he does not like it. Councilperson Berry stated that $50,000.00 looks like a lot of money, but it is an investment for the city in a Brownsfield area. Councilperson Berry stated this is a worthwhile project, and we need to support it to attract businesses. December 3, 2001 Page 4 DOCUMENTS CONTINUED Councilperson Getty stated he does not think there is a pressing need to spend $50,000.00 on this property now, maybe later. Councilperson Getty stated he hopes Jim Walsh will contact the State of Iowa as it doesn't make sense to pay an appraiser and then have to tell the property owner the appraised value. Councilperson Getty stated private businesses do not have to do, that it does not make sense, and he will not support the purchase until it is absolutely necessary. Mr. Temeyer stated we need to decide if we are going to move ahead, and if the council denies acquisition of the property, we should stop the project. Jim Walsh, City Attorney, stated that the property will become more valuable as the area develops, and the last property owners are always in a strong position. Mr. Walsh stated that two or three years ago, the Legislature changed the law that cities have to inform owners of the appraised value. Mr. Walsh stated the property owner knows the lot has been appraised at $50,000.00, and that they will get $50,000.00 at a condemnation hearing. Councilperson Berry stated that she does not think this is just limited to Waterloo, Iowa, it is anywhere you go. Following discussion a vote was taken on the above motion with the following result. Ayes: Five. Nays: Getty. Abstain: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2001-652. 116206 - Berry/Jordan that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $53,462.16 from WATCO Construction, Inc., of Waterloo, Iowa, in conjunction with F.Y. 2002 South Hills Golf Course Sanitary Sewer, Contract No. 643, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-653. 116207 - Berry/Jordan that communication from Senior Planner transmitting application for Dean Dunfee for tax exemptions on improvements totaling $6,880.00 for property located at 1006 Lincoln 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. 2001-654. 116208 - Berry/Jordan that communication from Senior Planner transmitting application for Marteen Henderson (Frizell) for tax exemptions on improvements totaling $115,000.00 for property located at 121 St. Croix Drive 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. 2001-655. 116209 - Berry/Jordan that communication from Senior Planner transmitting application for Carol A. Whitesell for tax exemptions on improvements totaling $16,308.00 for property located at 1011 Burton 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. 2001-656. December 3, 2001 • • DOCUMENTS CONTINUED 116210 - Berry/Jordan Page 5 that communication from Director of Waterloo Housing Authority transmitting Subordination Agreement to keep the city in second lien position in conjunction with $3,000.00 forgivable down payment loan granted to David and Michelle Kodama through the Ministerial Alliance Down Payment Program be received, placed on file and "Resolution approving said subordination agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-657. RESOLUTIONS TO BE ADOPTED 116211 - Anders/Krizek that "Resolution approving calculated operating subsidy fund in the amount of $35,940.00 for the Public Housing Program for Waterloo Housing Authority Fiscal Year Ended June 30, 2002", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2001-658. 116212 - Anders/Krizek that "Resolution supporting the Waterloo Main Street Program", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2001-659. ORDINANCES TO BE ADOPTED 116213 - Mayor Rooff addressed the ordinance repealing the requirement that massage establishments be licensed by the city. Mayor Rooff stated that an individual applied fora massage establishment license, and the city dusted off the old ordinance. Mayor Rooff stated massage therapists are now licensed by the State. Mayor Rooff stated there have been meetings and discussions on the ordinance with the final decision to repeal the ordinance in its entirety. Mayor Rooff stated when the ordinance is repealed, the city will no longer have any jurisdiction over massage establishments, except zoning and building regulations. Kate Thoma stated she has been a licensed massage therapist for over eight years, and she appreciates the support of the city council and Mayor Rooff. Ms. Thoma stated that massage establishments have been accused of working outside of the law in Waterloo, but that is not true as they are regulated by Iowa Code Section 152C.6. Ms. Thoma stated since the adoption of Iowa Code Section 152C.6, massage establishments have been working well within the law of the State of Iowa. A mental health counselor stated she had an opportunity to review the city's ordinance, and it indicated it was revised this year, but the document did not reflect that. She stated the ordinance was not thoroughly amended at that time. She stated that as a health practitioner the ordinance is a concern for her, and she wanted an opportunity to express her concern. She stated everyone can be sure this profession is being reviewed today more intently than it was years ago. Nancy Eckert, City Clerk, stated that the city amended the ordinance in 1999 removing the requirement that massage technicians be licensed by the city. Councilperson Berry addressed the ordinance increasing the speed limit from 35 mph to 45 mph on Martin Luther King Jr. Drive between Linden Avenue and Idaho Street. Councilperson Berry stated that this seems like a short distance to increase the speed limit 10 mph. Councilperson Berry stated she realizes the ordinance is being considered because of the truck traffic on Newell Street. Sandie Greco, Superintendent of Traffic Operations, stated this ordinance change is at the request of the truck drivers and neighborhoods. Ms. Greco stated this is a short distance, but the road is designed for 45 mph. Ann Olson, 1972 Newell Street, thanked city employees and the trucking industry and strongly urged the council to support the speed limit change on Martin Luther King Jr. Drive and any other ordinances to improve the traffic on Newell Street. December 3, 2001 Page 6 ORDINANCES TO BE ADOPTED CONTINUED Krizek/Jordan that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (46) Martin Luther King Jr. Drive of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (46) Martin Luther King Jr. Drive of Section 541, Increasing Speed Limits in Certain Areas (increase speed limit from 35 mph to 45 mph on Martin Luther King Jr. Drive between Linden Avenue and Idaho Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116214 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116215 - Getty/Murphy that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (46) Martin Luther King Jr. Drive of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (46) Martin Luther King Jr. Drive of Section 541, Increasing Speed Limits in Certain Areas (increase speed limit from 35 mph to 45 mph on Martin Luther King Jr. Drive between Linden Avenue and Idaho Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4528. 116216 - Krizek/Jordan that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 8, Massage Establishments and Massage Technicians, of Title 3, Business and License Regulations (repeal ordinance requiring massage establishments be licensed by the City)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116217 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116218 - Getty/Murphy that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 8, Massage Establishments and Massage Technicians, of Title 3, Business and License Regulations (repeal ordinance requiring massage establishments be licensed by the City)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4529. 116219 - Krizek/Jordan that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article F, Housing Authority, of Chapter 6, Municipal Departments, of Title 1, Administration; and enacting in lieu thereof a new Chapter 14, Housing Authority Board, of Title 2, Boards and Commissions (creating Housing Authority Board)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116220 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116221 - Getty/Murphy that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article F, Housing Authority, of Chapter 6, Municipal Departments, of Title 1, Administration; and enacting in lieu thereof a new Chapter 14, Housing Authority Board, of Title 2, Boards and Commissions (creating Housing Authority Board)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4530. • • December 3, 2001 BILLS PAYMENT 116222 - Krizek Page 7 that "Resolution approving Schedule AP640, pp. 1-102, dated December 3, 2001, in the amount of $3,803,138.16, 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. 2001-660. NEW BUSINESS 116223 - Anders/Jordan that communication from Leisure Services Director transmitting recommendation of appointment of Madonna Welsh to the position of Bookkeeper effective December 4, 2001, be received, placed on file and approved. Ayes: Seven. Motion carried. MISCELLANEOUS 116224 - Getty/Berry that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class C Big 10 Mart, 127 Jefferson Street (Renewal) (Expires 01/11/03) (Includes Sdhday Sales) Petro -N -Provisions, 1615 Bishop Avenue (Renewal) (Expires 12/25/02) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/2/02) (Includes Sunday Sales) Ayes: Seven. Motion carried. ADJOURNMENT 116225 - Jordan/Berry that the Council adjourn at 6:17 p.m. Ayes: Seven. Motion carried. Q -44,0114..C44- fAQ/c-.4. Nancy Eckert City Clerk