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HomeMy WebLinkAboutMinutes-05/14/2001• May 14, 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, May 14, 2001. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Jeff Robbins, Aviation Director. Pledge of Allegiance: Police Chief Tom Jennings. ORAL PRESENTATIONS 115189 - Getty/Jordan Mary Haasis, 116 Courtland, stated that garbage cans have been strewn all over town all week, that people put their garbage out but do not put their garbage cans away. Ms. Haasis suggested that the city plant trees along Franklin Street. that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 115190 - Berry/Murphy that the Agenda, as proposed, for the Regular Session on Monday, May 14, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 115191 - Murphy/Gronen that the Minutes, as proposed, for the Regular Session on Monday, May 7, 2001, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring May 20-26, 2001, as National Public Works Week. Fire Chief Frank Magsamen recognized Doug Shaffer for being instrumental in saving the life of Louis Finsand at Electric Park Ballroom. HEARINGS 115192 - Anders/Jordan that proof of publication of notice of public hearing on request of New Hope Missionary Baptist Church to vacate, sell and convey a portion of the north - south alley abutting property generally located at 710 Broadway Street for $100.00 to allow for a day care facility with child play area, as published in the Waterloo Courier on May 1, 2001, be received and placed on file. Ayes: Seven. Motion carried. 115193 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, stated that the city received petitions in support and in opposition. Ms. Eckert stated that Catherine Gattes, 437 Riehl, called the City Clerk's office and wished to express her opposition to the alley being blocked off by the church. Ms. Gattes signed the petition of opposition. Ms. Gattes wished to inform the council that the church went around with a petition, and she believes that the church was not clear in what the petition was for because many of the same neighbors signed both petitions for and against. Ms. Gattes believes that the church should not be allowed to close off the alley because the neighbors need that access, and they pay taxes and the church does not pay taxes. Ms. Gattes is concerned that the church does not keep their property maintained, and they do not regularly cut the grass. Mayor Rooff stated that there were 13 signatures on the petition of opposition and 19 signatures on the petition in support. Anders/Murphy that petitions of support and opposition be received and placed on file. Ayes: Seven. Motion carried. 115194 - Councilperson Anders stated he received a call from a gentleman who was concerned that when the church is in session they partially block the alley and the only egress from the east -west alley. Councilperson Anders reminded the church to leave the alley open all the time. Councilperson Anders stated that those living on Riehl some times have a hard time finding a place to park. Councilperson Anders stated he believes this will work, but the neighbors will need to be aware when the church is in session. May 14, 2001 Page 2 HEARINGS CONTINUED Mayor Rooff stated that the assessed value of the property to be vacated is $3,973.00, and New Hope Missionary Baptist Church has offered $100.00 for the property. Jordan/Getty 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. 115195 - Getty/Berry that "an Ordinance vacating a portion of the north -south alley abutting property generally located at 710 Broadway Street", 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 Gronen stated he is concerned about the amount of money the church has offered for the property compared to the assessed value. Noel Anderson, Assistant City Planner, stated that city staff did recommend selling the property for the assessed value based on the fact the church does not pay taxes, but the Planning, Programming and Zoning Commission recommended approval of the sale for $100.00. Councilperson Anders suggested that due to the petitions and questions of the amount offered by the church that the council wait one week before passing for the second and third times. Following discussion a vote was taken on the above motion with the following result. Ayes: Five. Nays: Murphy, Gronen. Motion carried. 115196 - Getty/Berry that proof of publication of notice of public hearing on request of the Waterloo School District to vacate, sell and convey alleys generally located in Block 7 and Block 8 of Rose Hill First Addition and Ash Street between Sumner and Cottage Streets for $1.00 to allow redevelopment of the current Grant School site, as published in the Waterloo Courier on May 4, 2001, be received and placed on file. Ayes: Seven. Motion carried. 115197 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jack Fitzgerald, Director of Operations for Waterloo School District, stated that the Waterloo Community School District has been using Ash Street for the past 39 years, and that the West Middle School site will be incorporated into a new elementary school. Councilperson Anders asked if the plans for the elementary school save Sloane Wallace Stadium, and Mr. Fitzgerald responded that Sloane Wallace Stadium will be saved and will be used for soccer. 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. Ayes: Seven. Motion carried. 115198 - Murphy/Krizek that "an Ordinance vacating alleys generally located in Block 7 and Block 8 of Rose Hill First Addition and Ash Street between Sumner and Cottage Streets", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 115199 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. May 14, 2001 HEARINGS CONTINUED 115200 - Murphy/Jordan Page 3 that "an Ordinance vacating alleys generally located in Block 7 and Block 8 of Rose Hill First Addition and Ash Street between Sumner and Cottage Streets", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4474. 115201 - Berry/Jordan 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. 2001-211. 115202 - Getty/Berry that proof of publication of notice of public hearing on request of the Waterloo School District to vacate, sell and convey Western Avenue generally located between West 5th Street and Johnson Avenue and alley generally located from Western Avenue southerly to Johnson Street for $1.00 to combine existing West Intermediate School site for redevelopment, as published in the Waterloo Courier on May 4, 2001, be received and placed on file. Ayes: Seven. Motion carried. 115203 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 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. Ayes: Seven. Motion carried. 115204 - Murphy/Krizek that "an Ordinance vacating Western Avenue generally located between West 5th Street and Johnson Avenue and alley generally located from Western Avenue southerly to Johnson Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 115205 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 115206 - Murphy/Jordan that "an Ordinance vacating Western Avenue generally located between West 5th Street and Johnson Avenue and alley generally located from Western Avenue southerly to Johnson Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4475. 115207 - Berry/Jordan 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. 2001-212. 115208 - Jordan/Murphy that proof of publication of notice of public hearing on request of Bud and Pam Jones for a site plan amendment to the "C -Z" Conditional Zoning District for property generally located at 2452 Burton Avenue to relocate industrial uses on the site to the northern half of property and return southern half to residential use, as published in the Waterloo Courier on May 3, 2001, be received and placed on file. Ayes: Seven. Motion carried. 115209 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. May 14, 2001 Page 4 HEARINGS CONTINUED Bud Jones stated that they will move their salvage yard and storage of the asphalt equipment to the north side of the tree line. The property south of the tree line will be restored to residential. Mr. Jones stated that he runs a recycling business and recycles materials such as copper and brass. Mr. Jones stated he does not salvage wrecked cars, there is no oil, just mainly boxes and pellets. Mr. Jones stated that the fence will be put up within 90 days on the west side of the property near Burton Avenue approximately 20 feet from the tree line Mr. Jones stated they will construct a building on the northeast corner of the industrial site, remove the driveway in the recycling area and some of the gravel area and return the area to grass. Mr. Jones stated he will demolish the garage. Councilperson Anders stated that the council previously turned down Mr. Jones' request to move his construction equipment north. Councilperson Anders stated now he has a bigger lot and his fear is the council is just allowing him to expand his recycling business. Councilperson Anders stated he would feel better if the council just restricted him to the current size and no storage of construction equipment. Mr. Anderson stated that currently the north is zoned industrial use and the south area is zoned for residential use and is in the CURA. Mr. Anderson stated that Mr. Jones is trying to establish a difference between industrial and residential and create a buffer area. Mr. Anderson stated that the proposed curb cut would also need to provide the necessary information for a commercial curb cut. Councilperson Anders stated he feels this is more industrial than residential. Councilperson Anders stated that Mr. Jones has been a good resident since 1995 and has been getting along and that is why he is reluctant to approve an expansion. Councilperson Jordan stated he supports Mr. Jones, that Mr. Jones is making a good faith effort and the Planning, Programming and Zoning Commission approved this request. Getty/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. Ayes: Seven. Motion carried. 115210 - Jordan/Gronen that "Resolution approving said site plan amendment", be adopted. Ayes: Five. Nays: Anders. Abstain: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2001-213. PETITIONS FROM PUBLIC 115211 - Getty/Jordan that communication from Assistant City Planner transmitting request of Walt Tournier to sell and convey property generally located just east of the quarry site at the southeast corner of Burton Avenue and Donald Street for $17,952.00 be received, placed on file and "Resolution setting date of hearing as June 4, 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 assigned No. 2001-214. REPORTS 115212 - Jordan/Murphy that communication from Chief Financial Officer transmitting April 2001 Financial Report, with total revenues in the amount of $13,231,431.48 and total expenditures in the amount of $6,279,390.42 be received and placed on file. Ayes: Seven. Motion carried. • May 14, 2001 DOCUMENTS 115213 - Krizek/Jordan • • Page 5 that communication from Leisure Services Director transmitting cooperative agreement with Iowa Department of Natural Resources in conjunction with Riverview Recreation Area Boat Ramp, WRAC Project No. 01-455, in the amount of $15,896.00, with city match of $3,965.00, 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. 2001-215. 115214 - Krizek/Jordan that communication from City Planner transmitting an application with U.S. Department of Commerce for an Economic Development Administration grant in the amount of $1,000,000.00 in conjunction with redevelopment of the Rath Neighborhood and Riverfront Renaissance Plan 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. 2001-216. 115215 - Krizek/Jordan that communication from City Planner transmitting Memorandum of Agreement with Iowa Northland Regional Council of Governments (INRCOG) to administer $1,000,000.00 Economic Development Administration grant, at a cost not to exceed $7,500.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to executive same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-217. RESOLUTIONS TO BE ADOPTED 115216 - Berry/Getty that "Resolution granting assurance to the Economic Development Administration, U.S. Department of Commerce, that the city can satisfy a match of $1,671,750.00 in conjunction with redevelopment of the Rath Neighborhood and Riverfront Renaissance Plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-218. 115217 - Berry/Getty that "Resolution setting date of hearing as May 29, 2001, at 5:30 p.m. in the City Hall Council Chambers on proposed amendments to F.Y. 2001 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-219. 115218 - Berry/Getty that "Resolution supporting the development and future support of information sharing of digitized zoning layer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-220. 115219 - Berry/Getty that "Resolution adjusting Sidewalk Assessments for Parcel Control No. 55 and No. 56 for property owned by Stanford and Associates (Roosevelt Roby)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-221. ORDINANCES TO BE ADOPTED 115220 - Anders/Murphy that "an Ordinance approving recodification of Waterloo Code of Ordinances", be received, placed on file and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4476. May 14, 2001 ORDINANCES TO BE ADOPTED CONTINUED 115221 - Jordan/Murphy Page 6 that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (15) Carolina Street of Section 553, No Parking Here to Corner; and enacting in lieu thereof a new Subsection (15) Carolina Street of Section 553, No Parking Here to Corner (move No Parking Here to Corner sign 200 feet east of Hale Street)", 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. The resident at 515 Carolina stated this request came up last year, and he responded against it and it never went before the council. He stated this has never been an issue before, that he and people using the city park park vehicles there as this is the only access to the park. He stated his Mom and other moms in the area cannot walk very far, and this ordinance will force neighbors to park further down the road and cut off parking at the park. He suggested that the city cut 20 to 25 feet from the park on the Carolina side and go 200 feet and make diagonal parking. Councilperson Getty stated he had several telephone calls about cars traveling east -west unable to see until they reach the top of the hill, and plows going by make for a dangerous situation. Councilperson Getty stated he asked the Traffic Department to look at the area and this is what they came up. Councilperson Getty stated he doesn't know if the Park Board would like us to use the park property. Councilperson Jordan stated he agrees with the resident, they would be limited for parking and asked the council to table the ordinance for one week. Jordan/Murphy that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (15) Carolina Street of Section 553, No Parking Here to Corner; and enacting in lieu thereof a new Subsection (15) Carolina Street of Section 553, No Parking Here to Corner (move the No Parking Here to Corner sign 200 feet east of Hale Street)", be tabled for one week. Ayes: Seven. Motion carried. BILLS PAYMENT 115222 - Krizek that "Resolution approving Schedule AP640, pp. 1-101, dated May 14, 2001, in the amount of $2,141,127.80, 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. 2001-222. NEW BUSINESS 115223 - Anders/Krizek that communication from Mayor Rooff transmitting recommendation of appointment of Pat Cole to the Airport Commission, with term expiration date of May 14, 2004, be received, placed on file and approved. Ayes: Seven. Motion carried. 115224 - Anders/Krizek that communication from Mayor Rooff transmitting the following appointments to the Planning Programming and Zoning Commission: Jeff Danielsen, with term expiration date of February 20, 2003, and reappointment of Dolly Fortier and Larry Mosier, with term expiration date of February 7, 2003, Virg Haley, Steve Jordan and Janice Blevins, with term expiration date of February 7, 2004, be received, placed on file and approved. Ayes: Seven. Motion carried. MISCELLANEOUS 115225 - 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 and the following applications for outdoor service area and fireworks display permit be received, place on file and approved: • • May 14, 2001 Page 7 • • MISCELLANEOUS CONTINUED 1. Beer/Liquor Permit Application Class C Hickory House, 315 Park Road (Renewal) (Expires 5/23/02) The Moonlight Night Club, 118 E. 11th Street (Renewal) (Expires 5/14/02) (Includes Sunday Sales) 2. Beer Permit Application Class B My Waterloo Days, 100 W. 4th Street (Temporary 5/31/01-6/4/01) My Waterloo Days, 519 Mulberry Street (Temporary 5/31/01-6/4/01) (Transfer to 100 E. Park Avenue, 1000 Fletcher Avenue, 615 Park Road) (Includes Sunday Sales) 3. Liquor License Permit Application Class A Club El Mecca Shrine Club, 716 Commercial Street (Renewal) (Expires 5/21/02) 4. Application for Fireworks Display Waterloo Bucks Baseball Club on June 1, 9, 29 and July 4, 6, 13, 20, 27, 2001 Cedar Valley Youth Soccer Association on June 9, 2001 5. Application for Outdoor Service Area My Waterloo Days, 100 W. 4th Street (Temporary 5/31/01-6/4/01) My Waterloo Days, 519 Mulberry Street (Temporary 5/31/01-6/4/01) (Transfer to 100 E. Park Avenue, 1000 Fletcher Avenue, 615 Park Road) (Includes Sunday Sales) Ayes: Seven. Motion carried. BONDS 115226 - Krizek/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through May 14, 2001, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 115227 - Jordan/Krizek that the Council adjourn at 6:24 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk