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HomeMy WebLinkAboutMinutes-01/16/2001January 16, 2001 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Tuesday, January 16, 2001. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Berry, Getty. Invocation by: Reverend William Bross, Central Christian Church. Pledge of Allegiance: Jim Quint, MIS Manager. ORAL PRESENTATIONS 114718 - Maggie Scott, 1927 Lafayette Street and President of Family Neighborhood for Life, stated that she wanted to inform the council that they have formally changed their name to Neighbors United for A Better Tomorrow. Ms. Scott reported there is a house on Block Street owned by an attorney that used to have six parking spots for three apartments. Ms. Scott stated that the tenants park on Block Street making it difficult for the neighbors to get in and out of their driveways. Ms. Scott reported that the house is not kept up and there is trash knee deep. Ms. Scott stated that the neighborhood has complained to the landlord and he has not done anything to change the parking situation. Ms. Scott stated that an ambulance or fire truck would not be able to get through this area on Block Street, and she feels there should be no parking on either side of the street as it is too narrow. Mayor Pro Tem Getty stated that he will have the Fire, Traffic and Planning, Programming and Zoning Departments review this area. Jordan/Murphy that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 114719 - Murphy/Gronen that the Agenda, as proposed, for the Regular Session on Tuesday, January 16, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 114720 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Monday, January 8, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS 114721 - Krizek/Murphy that proof of publication of notice of public hearing on request of Kaizen Company of America, L.C., to rezone from "R-4" Multiple Residence District to "R -4,C -Z" Conditional Multiple Residence District property generally located at the southwest corner of Kimball Avenue and Park Lane, as published in the Waterloo Courier on January 4, 2001, be received and placed on file. Ayes: Seven. Motion carried. 114722 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Mary Charles, 223 West Park Lane, stated that she has lived on West Park Lane for 15 years. Ms. Charles stated that traffic is horrendous now, and she does not understand why anybody would want to build up more traffic in that little area. The area is a dead-end street with traffic from Hoover Jr. High, and she feels this is wrong. Ms. Charles stated that there are already five banks in this area, and she doesn't think we need another bank. Ms. Charles stated that she has heard this area already has a "D" grade, and she didn't see how it could it get any worse if it were an "E" grade when the traffic already makes it a "F" grade. Ms. Charles stated that the proposed Osco Drug Store at the intersection of Kimball and Ridgeway Avenues will also add to the traffic problems. Jordan/Murphy 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. January 16, 2001 Page 2 HEARINGS CONTINUED Prior to a vote on the above motion, the following comments were heard. Councilperson Anders stated that the developer has brought to the city's attention that there is land available to put in a right turn lane, and he would like to address the turning lanes Tom Noonan, from Claassen Engineering, stated that the traffic study showed the intersection received a "D" grade, which should not change with the construction of the bank. Mr. Noonan stated that the national traffic standards require 300 cars turning right per hour to warrant a turning lane, and we currently have only 92 cars per hour making the right turn at Kimball Avenue. Mr. Noonan commented that there is room in the right of way to add a 12 foot lane by going six feet to the south and six feet to the north. Mr. Noonan reported that there are no utilities in the area, but there are two storm sewers and a sidewalk along the south side. If we widen the road by six feet on the south there would be a curve line 3t1 feet to the sidewalk. Mr. Noonan stated that the developer has proposed donating an additional six feet of right of way on the south of the intersection for future construction of the lane. Mr. Noonan reported that it would cost the city $50,000 to $75,000 to construct a right turn lane. Don Temeyer, City Planner, stated that the Planning, Programming and Zoning Commission talked about a turning lane, but they said if it is not warranted they would not recommend a turning lane. Mr. Temeyer commented that the city could take the developers up on their offer for the right of way in case there is additional traffic in the future. Mr. Temeyer stated that the Planning, Programming and Zoning Commission reviewed the 92 cars per hour, and they did not feel a turn lane was necessary. Councilperson Krizek stated that the city keeps approving new businesses on that corridor and we have traffic studies saying the businesses are not going to impact the area, but she feels they have to impact it at some time with all the heavy users. Councilperson Krizek suggested that if in the future it is decided that we need a turning lane the new businesses should be asked to help pay for the improvements. Mr. Temeyer stated that we could possibly do an assessment program in the area. Mr. Temeyer commented that the city should work on a long range plan for traffic in the area, such as five lanes. Mr. Temeyer stated that it would cost about $15,000.00 to do a long range plan on Kimball Avenue. Mr. Temeyer noted that Kimball Avenue is well developed now, and that businesses will expand to the south. Councilperson Gronen stated he thinks when the city looks at development anywhere the businesses want to build in a certain location because the traffic is there, but at a point too much traffic keeps people away. Councilperson Gronen stated he feels a right turn lane is needed, but he would hate to make the last person coming in pay for the changes. Councilperson Gronen stated that there are a lot of questions for and against the development. Councilperson Gronen commented that he will probably support this even though he is concerned about the traffic, but staff is saying there will be changes such as a right turn lane. Councilperson Anders recommended that staff have language in the agreement that the land will be available for a turn lane at a later date. Maggie Scott, 1927 Lafayette, stated that it took her 35 minutes today to come down Kimball Avenue because she got stuck going to Ridgeway. Ms. Scott stated that from the McDonald's on Kimball Avenue it took her 35 minutes to get up to the right hand lane. Ms. Scott stated she feels there needs to be signal turns all along this area. Ms. Charles stated that because of traffic to W. Park or from Rachel to Brookeridge, you cannot get onto West Park Lane or Brookeridge, and she asked what good is a right turn lane going to do. Mayor Pro Tem Getty stated that the Planning, Programming and Zoning Commission recommended no right turn lane, the developer has proposed donating property for a right turn lane, and the city could look at that at a later date. A vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. • January 16, 2001 HEARINGS CONTINUED Page 3 114723 - Jordan/Gronen that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 91 to Section 2A -7N, Conditional Zoning", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114724 - Anders/Jordan that proof of publication of notice of public hearing on amendment to Zoning Ordinance No. 2479, as amended, as it pertains to Section 2A-56, Violation and Penalties, of Part XXIX, Violation, Penalties & Enforcement, to change violation of Zoning Ordinance from a simple misdemeanor to a municipal infraction and increase $100.00 per day fine to a cumulative fine of $200.00, $500.00 and $750.00, as published in the Waterloo Courier on January 3, 2001, be received and placed on file. Ayes: Seven. Motion carried. 114725 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Don Temeyer, City Planner, stated that some business owners find the $100 fine can be added to the cost of doing business and nothing ever changes. If someone is an habitual violator, staff feels the fine should increase so it is not just the cost of doing business. Berry/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. 114726 - Murphy/Gronen that "an Ordinance amending Zoning Ordinance No. 2479 as it pertains to Section 2A-56, Violation and Penalties, of Part XXIX, Violation, Penalties & Enforcement, to change violation of Zoning Ordinance from a simple misdemeanor to a municipal infraction and increase $100.00 per day fine to a cumulative fine of $200.00, $500.00 and $750.00", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114727 - Anders/Jordan that proof of publication of notice of public hearing on Amendment to Zoning Ordinance No. 2479, as amended, as it pertains to allowing two-family row dwellings in all residential districts, as published in the Waterloo Courier on January 3, 2001, be received and placed on file. Ayes: Seven. Motion carried. 114728 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Councilperson Murphy asked what constitutes row houses. If they have a common sewer or electrical service they should not be separated. Lou Cutwright, Building Official, stated that there are questions that need to be answered and they are having discussions with the Planning and Zoning staff. Mr. Cutwright stated that when there are two electrical services into one building, the code says they have to have two separations. Mr. Temeyer stated that a duplex is not considered a row dwelling and this ordinance change would allow that, meaning they have zero lot lines. Mr. Temeyer stated that staff will work on the fire walls and other items, and he asked the council to table this item indefinitely. Anders/Jordan that "an Ordinance amending Zoning Ordinance No. 2479 as it pertains to allowing two-family row dwellings in all residential districts", be tabled indefinitely. Ayes: Seven. Motion carried. January 16, 2001 Page 4 PETITIONS FROM PUBLIC 114729 - Krizek/Jordan that communication from Assistant City Planner transmitting request of downtown property owners to reestablish the Self Supported Municipal Improvement District (SSMID) for five years at $2.75 per $1,000.00 of assessed valuation, be received, placed on file and "Resolution setting date of hearing as February 5, 2001, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-20. DOCUMENTS 114730 - Gronen/Jordan that communication from Assistant City Engineer transmitting agreement with SBT, Inc., for Temporary Easement in conjunction with construction, operation and maintenance of an aerial fiber optic communication line between 501 Sycamore Street and 214 East 4th Street be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-21. 114731 - Gronen/Jordan that renewal of Iowa Department of Transportation Adopt -a -Highway Application to allow Cedar Valley Lion's Club to pick up trash on U.S. Highway 63 beginning on Highways 63 and 20 overpass, south two miles, be received, placed on file and "Resolution approving said application", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-22. 114732 - Gronen/Jordan that communication from Assistant Director of Aviation transmitting agreement with the Cedar Valley Economic Development Corp. to provide marketing services for promotion of the Midport America Development be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Ken Lockard, representing the Waterloo Airport Board, stated that the board looked at what the future might hold for marketing the airport grounds. Mr. Lockard commented that the airport has paid a sizable amount of money to hire firms to market the airport for the city. Mr. Lockard stated that this agreement will work well with Cedar Valley Economic Development Corporation marketing the airport grounds. Mr. Lockard commented that this is logical as well as an economical use of the Cedar Valley Economic Development Corporation. The city would be responsible for marketing costs such as brochures. The Cedar Valley Economic Development Corporation is now marketing all the industrial parks within the metropolitan area, and they also worked closely with CB Richard Ellis, the former marketing company. Mr. Lockard stated that realtors could bring offers and receive a commission on land sale that meets MidPort's qualifications. Jeffrey Robbins, Aviation Director, stated that he feels this is a wise decision not only economically, but because Cedar Valley is located locally. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-23. January 16, 2001 • • RESOLUTIONS TO BE ADOPTED 114733 - Berry/Gronen Page 5 that communication from Assistant City Planner transmitting request to name right-of-way generally located from Walnut Street to North Elk Run Road as Martin Luther King, Jr. Drive be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-24. ORDINANCES TO BE ADOPTED 114734 - Jordan/Anders that "an Ordinance amending the 1999 Traffic Code by: repealing Subsections (43) Logan Avenue and (62) Sergeant Road of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof new Subsections (43) Logan Avenue and (62) Sergeant Road of Section 541, Increasing Speed Limits in Certain Areas; and by adding Subsection (30a) Highway 63 to Section 541, Increasing Speed Limits in Certain Areas (IDOT recommended speed limit changes for U.S. Highway 63)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114735 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114736 - Krizek/Anders that "an Ordinance amending the 1999 Traffic Code by: repealing Subsections (43) Logan Avenue and (62) Sergeant Road of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof new Subsections (43) Logan Avenue and (62) Sergeant Road of Section 541, Increasing Speed Limits in Certain Areas; and by adding Subsection (30a) Highway 63 to Section 541, Increasing Speed Limits in Certain Areas (IDOT recommended speed limit changes for U.S. Highway 63)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4453. 114737 - Jordan/Anders that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 3, Alarm Systems; and enacting in lieu thereof a new Chapter 311, Alarm Systems (increasing false alarm fees and penalties for violation)", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 114738 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114739 - Krizek/Anders that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 3, Alarm Systems; and enacting in lieu thereof a new Chapter 3=1, Alarm Systems (increasing false alarm fees and penalties for violation)", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4454. BILLS PAYMENT 114740 - Krizek that "Resolution approving Schedule AP640, pp. 1-92, dated January 16, 2001, in the amount of $1,557,163.02, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee, with Councilperson Anders abstaining on invoice from St. Paul Insurance in the amount of $2,049.98. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-25. January 16, 2001 Page 6 NEW BUSINESS 114741 - Anders/Jordan that communication from City Planner transmitting recommendation of appointment of Jack Fellenzer to the position of Contract Compliance Officer, effective at a mutually agreed upon date, be received, placed on file and approved. Ayes: Seven. Motion carried. 114742 - Anders/Jordan that communication from Mayor Rooff transmitting recommendation of appointment of Michelle Weidner to the position of Chief Financial Officer effective February 5, 2001, be received, placed on file and approved. Ayes: Seven. Motion carried. TRAVEL REQUESTS 114743 - Berry/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Mayor John R. Rooff to attend U.S. Conference of Mayors - winter conference and meet with Congressional delegation in Washington, D.C., on January 17 - 21, 2001, with costs not to exceed $1,724.00, and Don Temeyer, City Planner; and Jeffrey Robbins, Airport Director, to meet with Congressional delegation in Washington, D.C., on January 17 - 18, 2001, with costs not to exceed $979.00. 2. Eric Thorson, City Engineer, to attend 2001 Asphalt Paving Conference in Ames, Iowa, on January 30, 2001, with costs not to exceed $100.00, including use of city vehicle. 3. Brian Baker, Chief Mechanical Inspector, to attend IABO Seminars for Wood Structures and Mechanical Inspection 1 in Des Moines, Iowa, on March 13 - 16, 2001, with costs not to exceed $705.00, including use of city vehicle. 4. Dan Youngblood, Combination Building Inspector, to attend IABO Seminar for Mechanical Inspection 1 in Des Moines, Iowa, on March 15 - 16, 2001, with costs not to exceed $325.00, including use of city vehicle. 5. Bob Osgood, Chief Plumbing Inspector, to attend IABO Seminar for Mechanical Inspection 1 in Des Moines, Iowa, on March 15 - 16, 2001, with costs not to exceed $325.00, including use of city vehicle. 6. Keith Harken, Signal Technician I, to attend Annual Training Seminar covering Basic Traffic, EPAC Programming, Cabinet Wiring and Troubleshooting in Davenport, Iowa, on January 23 - 25, 2001, with costs not to exceed $175.00, including use of city vehicle. 7. Gary Luck, Jr., Sewer Maintenance Foreman, to attend University of Wisconsin Education Course/Training on Upgrading Sanitary Sewer Maintenance Program in Madison, Wisconsin, on March 26 - 28, 2001, with costs not to exceed $1,156.00, including use of city vehicle. 8. Michael McNamee, Rhonda Weber, Frank Krogh and Rich Carter, Tri -County Drug Task Force Investigators, to attend Interview and Interrogation School for Narcotics Investigators in Johnston, Iowa, on January 22 - 25, 2001, with costs not to exceed $470.00, including use of city vehicle. Ayes: Seven. Motion carried MISCELLANEOUS 114744 - Jordan/Krizek that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the following application for going out of business sale be received, placed on file and approved: 1. Beer License Permit Application Class B Grand China Buffet, 106 Brookeridge Drive (New Owner) (Expires 1/19/02) (Includes Sunday Sales) January 16, 2001 MISCELLANEOUS CONTINUED Page 7 2. Beer/Liquor License Permit Application Class C Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/02) (Includes Sunday Sales) Tuxedos, 301 W. 4th Street (Renewal) (Expires 1/15/02) (Includes Sunday Sales) 3. Wine License Permit Application Class B Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/02) (Includes Sunday Sales) 4. Application for License for Going Out of Business Sale Office Depot, 1645 E. San Marnan Drive (60 days - 01/15/01 thru 03/16/01) Ayes: Seven. Motion carried. ADJOURNMENT 114745 - Jordan/Berry that the Council adjourn at 6:25 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk