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HomeMy WebLinkAboutMinutes-04/14/2003April 14, 2003 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, April 14, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Denny Bell, Superintendent of Central Garage. Pledge of Allegiance: Councilperson Scott Jordan. 118053 - Getty/Welper that the Agenda, as proposed, for the Regular Session on Monday, April 14, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118054 - Jordan/Clark that the Minutes, as proposed, for the Regular Session on Monday, April 7, 2003, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring April 21, 2003, as West Fest Day. Mayor Rooff read a proclamation declaring April 20-26, 2003, as Arbor Week. CONSENT AGENDA 118055 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. Communication from Community Planning and Development Director transmitting recommendation of appointment of Louis Starks to the position of Contracts and Grants Coordinator, effective April 15, 2003. 2. Aric Schroeder, Senior Planner, to attend Effective Zoning Administration Technique course in Madison, Wisconsin, on May 4-7, 2003, with costs not to exceed $926.00, including use of city vehicle. 3. Steve Nemmers, Investigations Sergeant, to interview persons in Monterey County, California, on February 28 -March 5, 2003, regarding a murder case, with costs not to exceed $782.75. 4. Communication from Mayor Rooff transmitting recommendation of reappointment of Becky Bertch to the Waterloo Convention & Visitors Bureau, with term expiration date of June 30, 2006, and appointment of Darin Beck, with term expiration date of June 30, 2005, and Jeff Kutz, with term expiration date of June 30, 2006. b. Resolutions approving the following: 1. Communication from City Engineer transmitting request of Delbert Weidman for a waiver for a concrete driveway to be located at 1245 E. Shaulis Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-238. 2. Communication from Police Chief transmitting request of Main Street Waterloo and Waterloo Community Schools to hold OlympiKids Fun Run on May 15, 2003, from 9:30 a.m. to 12:30 p.m. with the event to begin and end at Lincoln Park and to close 4th Street and Park Avenue from Franklin Street to Jefferson Street as well as side streets from 5th Street to 3rd Street. Resolution adopted and upon approval by Mayor assigned No. 2003-239. 3. Communication from City Clerk transmitting request of Hoover Middle School for an exception to burning yard waste to burn approximately IA acre of prairie grass located on the school grounds, just west of the Observatory, between April and May 2003, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2003-240. April 14, 2003 Page 2 CONSENT AGENDA CONTINUED c. Beer License Permit Application Class B The Grand Hotel, 300 W. Mullan (Includes Sunday Sales) Waterloo Softball Association, Corner Months -4/16/03 - 10/16/03) (Includes d. Beer/Liquor License Permit Application Class C Diamond Daves, Avenue (Renewal) (Expires of Burton & Longfellow Sunday Sales) 124 Crossroads Boulevard (Renewal) (Includes Sunday Sales) Broosters, 3555 University Avenue (Renewal) (Expires Sunday Sales) e. Beer License Permit Application Class C Kwik Stop, 1761 Independence Avenue (Renewal) Sunday Sales) f. Liquor License Permit Application Class E Kwik Stop, 1761 Independence Avenue (Renewal) Sunday Sales) g• h. i. 4/12/04) (New) (Six (Expires 5/14/04) 4/21/04) (Includes (Expires 5/13/04) (Expires 5/13/04) Beer/Wine License Permit Application Class B Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 5/13/04) Sunday Sales) Outdoor Services Area Application Broosters, 3555 University Avenue 4/21/03 - 4/21/04) Bonds. (Includes (Includes (Includes Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS 118056 - Clark/Jordan that proof of publication of notice of public hearing on request of Duane and Leita Thoms to rezone from "M-1" Light Industrial District to "C-2" Commercial District property generally located at 1058 West Airline Highway just west of Burton Avenue for purpose of refinancing existing home, as published in the Waterloo Courier on March 31, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118057 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Clark/Kincaid 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. 118058 - Clark/Hurley that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 339 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118059 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118060 - Hurley/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 339 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. 4607. • • i April 14, 2003 • • HEARINGS CONTINUED 118061 - Jordan/Welper Page 3 that proof of publication of notice of public hearing on the request of John and Deliah Thompson to rezone from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning property generally located along the 2900 block of Lafayette Street for the purpose of constructing a commercial/residential building, as published in the Waterloo Courier on March 31, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118062 - This being the time and place of public hearing, the Mayor called for written and oral objections. City Clerk Nancy Eckert reported that a petition was received late last Thursday representing over 25 percent opposition. Jordan/Welper that the petition representing over 25 percent of property owners in opposition of the rezoning request be received and placed on file. Ayes: Seven. Motion carried. 118063 - Jordan/Kincaid 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. 118064 - Jordan/Getty that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 100 to Section 2A -7N, Conditional Zoning Certain Property", 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. Don Temeyer, Community Planning & Development Director, reported that the Planning, Programming and Zoning Commission recommended approval of this request with conditions. Mr. Temeyer stated that since a petition has been received the council may want to delay this request for a week. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 118065 - Hurley/Welper that communication from Leisure Services Director transmitting recommendation of award of contract for Option A in the amount of $35.65 per acre to Professional Lawn Care of Waterloo, Iowa and Option B in the amount of $28.50 per acre, Option D in the amount of $13.00 per acre, Option E in the amount of $30.00 per hour and Option F in the amount of $40.00 per acre to B & B Lawncare, Inc. of Waterloo, Iowa. in conjunction with F.Y. 2003 Right -of -Way Mowing Contract, be received, placed on file and "Resolution approving said award of contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if B & B Lawncare has been contacted regarding the issues of parking equipment in the street and refueling in the neighborhood. Paul Huting, Leisure Services Director, responded that there were ongoing discussions with B & B Lawncare as late as last year. Mr. Huting stated this is more of a compliance issue for code enforcement, and he recommended that code enforcement monitor this issue. Councilperson Greenwood stated he was not in favor of awarding this contract to B & B Lawncare. Code enforcement went to the neighborhood twice and the nuisance continued most of the summer. Councilperson Greenwood stated he doesn't think B & B Lawncare tried to comply. Councilperson Getty stated that the son works for the father and takes the equipment home at night. Mr. Huting recommended that the council accept the best responsible bidder as this is the best deal for the city. Mr. Huting stated if we give it to the next lowest bidder, the project will cost the city more, and Leisure Services has been very happy with B & B Lawncare. April 14, 2003 Page 4 UNFINSIHED BUSINESS CONTINUED Councilperson Jordan stated he cannot support a company which does not comply with the city's code. Hurley/Welper that the award of contract to B & B Lawncare for Option B, Option D, Option E and Option F be removed from the motion. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-241. 118066 - Hurley/Welper that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of $8,970.00 to Traffic Control Corporation of High Ridge, Missouri, in conjunction with F.Y. 2003 Traffic Signal Materials for Frontage Road Intersection at 3700 Block of University Avenue, Contract No. 673, 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. 2003-242. PETITIONS FROM PUBLIC 118067 - Greenwood/Jordan that communication from City Planner transmitting request of Robert Bedard to rezone from "R-4" Multiple Family Residential District to "C -1,C -Z" Conditional Commercial District property generally located at 3602-3606 Kimball Avenue for purpose of having option for future uses of existing building, together with recommendation of approval of Planning, Programming & Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 5, 2003, 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. 2003-243. 118068 - Greenwood/Jordan that communication from City Planner transmitting request of Blake Development to sell and convey Lots A and B generally located on Pleasant Valley Drive for $48,900.00, together with recommendation of approval of the Building & Grounds Committee, be received, placed on file and "Resolution setting date of hearing as May 5, 2003, 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 of Mayor assigned No. 2003-244. 118069 - Greenwood/Jordan that communication from City Planner transmitting request of Jack Haes and Jeffry Fruchtenicht to purchase for $1.00 property generally located just west of 406 Lindale Avenue to move in a garage on the property, together with recommendation of approval of the Building & Grounds Committee, be received, placed on file and "Resolution setting date of hearing as May 5, 2003, 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 of Mayor assigned No. 2003-245. 118070 - Greenwood/Jordan that communication from City Planner transmitting request of Schenk Engineering on behalf of William Looney to sell and convey for $1.00 property generally located at the northerly end of Pheasant Lane between Lots 151 and 152 in Granger's Second Addition to allow for cul-de-sac, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 5, 2003, 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 of Mayor assigned No. 2003-246. • • April 14, 2003 DOCUMENTS 118071 - Clark/Kincaid • • Page 5 that communication from Community Development Director transmitting application with U.S. Conference of Mayors for 2003 Cities United for Science Progress Lead-Safe...for Kids' Sake grant 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 of Mayor assigned No. 2003-247. 118072 - Clark/Kincaid that communication from Police Chief transmitting agreement with Harley- Davidson Cycle Center to lease two Harley Davidson motorcycles at a cost of $50.00 per month per motorcycle for one year, plus routine maintenance, be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-248. 118073 - Clark/Kincaid that communication from Police Chief transmitting agreement with U.S. Department of Justice for F.Y. 2002 Small Rural Communities Methamphetamine grant in the amount of $222,222.00 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 of Mayor assigned No. 2003-249. 118074 - Clark/Kincaid that communication from Police Chief transmitting an application with Target Distribution Center for Target Stores 2003 Community Giving Program for grant in the amount of $18,754.50 to be used as city's 30 percent match for the Domestic Abuse Response Team (DART) program 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 of Mayor assigned No. 2003-250. 118075 - Clark/Kincaid that communication from Community Planning & Development Director transmitting an agreement with East Side Ministerial Alliance to contribute $200,000.00 for construction of the Community Center at 1400 East 4th Street 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 of Mayor assigned No. 2003-251. RESOLUTIONS TO BE ADOPTED 118076 - Hurley/Clark that "Resolution allocating discretionary hotel/motel funds to Waterloo Municipal Band in the amount of $21,000.00 and Grout Museum in the amount of $6,000.00", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2003-252. ORDINANCES TO BE ADOPTED 118077 - Jordan/Getty that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Subparagraph 1, of Paragraph A, Fees Established, of Section 4-3-6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Subparagraph 1, of Paragraph A, Fees Established, of Section 4-3-6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety (increase garbage fees fifty cents per month), be received, placed on file, considered and passed for the second time. April 14, 2003 Page 6 ORDINANCES TO BE ADOPTED CONTINUED Prior to a vote on the above motion, the following comments were heard. Councilperson Kincaid reported he received a letter from Perry Goodman, Neighborhood Services Coordinator, regarding the Neighborhood Associations. Councilperson Kincaid stated there are 16 Neighborhood Associations in Ward 4. Councilperson Kincaid stated he wants to make sure the council doesn't have to revisit the garbage rates in six months to increase the fees to help the Neighborhood Associations for neighborhood cleanups. Councilperson Kincaid stated his ward is going to need help with the neighborhood cleanups as it is the only time the residents get rid of the large items. Councilperson Kincaid stated if we increase the fees a little more that would help them. Councilperson Welper stated as a member of the Public Works Committee, they had to find a solution for yardwaste. The council has approved the yardwaste cart program for a fee of $3.00 per month, with the carts to also be used for recycling. Councilperson Welper stated that all the yardwaste dropped off at the Waste Management site will need to be hauled to the Black Hawk County Landfill. Councilperson Welper stated he feels the city needs to charge fifty cents to drop off a bag of yardwaste at the Waste Management site plus increase the garbage fees $1.00 per month. Councilperson Hurley stated that he received a copy of the letter from F. J. Lentsch regarding graduated rates for garbage fees. Councilperson Hurley stated he had suggested the city use graduated rates, but the amount collected fell a little short, and it is more equitable to go with a percentage. Councilperson Jordan stated he supports a fifty cents per month increase for garbage fees with free drop off of yardwaste at the Waste Management site. Councilperson Jordan stated raising the garbage fees fifty cents will balance the Sanitation Budget with a surplus of $75,000.00. Councilperson Jordan suggested approving the fifty cents per month increase for six months to see if the increase is enough. Councilperson Clark agreed with Councilperson Jordan. Councilperson Getty stated that the neighborhood cleanups will remain the same. The only difference is because of the state mandate we now have a surcharge we have to pass along to those wanting to dispose of appliances, tires, etc. Councilperson Getty stated he drove around and did not see many of those large items in the backyards. Mayor Rooff stated he asked the Neighborhood Associations to identify how many residents could not afford to use a tag for their appliances. Councilperson Welper stated he disagrees with free disposal for large items. Tim Shea, Superintendent of Waste Management, reported that when the survey came back people called wanting to sign up for the yardwaste cart, but some people dropped off when they heard there was going to be a free drop-off site. We are now getting a good response from residents wanting the yardwaste carts. Robert Sieglaff, 914 West 3rd Street, stated it used to be when a resident put a garbage cart out with an extra bag on the cart, it would cost that resident more. People are doing that and the garbage men still pick up the extra bag without the tag. Mr. Shea responded there are 24,000 customers and staff cannot police it and it is difficult to monitor. Mr. Sieglaff stated he does not feel the rest of the citizens should pay because someone is taking advantage of the system. The resident at 1716 Newell Street stated she has concerns about the flier from the Department of Natural Resources as she is concerned about the neighborhoods as they have had problems with appliances in her neighborhood. She stated if someone brings a large item to the cleanup and is unable to afford the tag, they will dump it anywhere and won't take it home with them. She stated the article talks about how the waste is affecting Iowa, and that it is more expensive to pick up the items out of the ditches. She asked that tax money be used for things that are needed in the community. She stated they are just trying to survive, and they want their neighborhoods to look good as they have made a lot of improvements. J. Lentsch, 1181 Cornwall, stated he looked at the monthly fee for the garbage carts, and it cost almost twice as much for a 32 gallon container as a 95 gallon container. Mr. Lentsch stated he feels the smaller cart users are subsidizing the 95 gallon users. Mr. Lentsch stated this inequity needs to be studied to see where the cost lies. Mr. Lentsch stated he has no problem raising the monthly garbage fees, but is opposed to paying twice as much for the 32 gallon cart. Mr. Lentsch stated he is talking about the inequity for small carts vs. large carts. April 14, 2003 • • ORDINANCES TO BE ADOPTED CONTINUED Page 7 Mayor Rooff reported that the city has not raised the garbage rates in ten years. In 1994 the city lowered the monthly garbage rate from $10.00 per month to $8.50 per month for a small can. Mayor Rooff asked what about families that generate more waste, recycle and need a bigger cart. Michelle Weidner, Chief Financial Officer, stated there are a lot of fixed costs no matter if the customer uses a 32 gallon cart or a 95 gallon cart. Ms. Weidner stated there are some variable costs such as tipping fees, but not double the cost of the small containers. Mr. Lentsch responded that his 32 gallon cart does not make as big a pile as a 95 gallon cart. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Kincaid, Welper. Motion carried. 118078 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Welper. Motion carried. 118079 - Jordan/Clark that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Subparagraph 1, of Paragraph A, Fees Established, of Section 4-3-6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Subparagraph 1, of Paragraph A, Fees Established, of Section 4-3-6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety (increase garbage fees fifty cents per month)", be considered and passed for the third time and adopted. Ayes: Five. Nays: Kincaid, Welper. Ordinance adopted and upon approval by Mayor assigned No. 4808. 118080 - Getty/Hurley that "an Ordinance amending the 2003 Traffic Code by repealing Section 312, Fees—Monthly and Reserved Ramp and Lot Parking; and enacting in lieu thereof a new Section 312, Fees—Monthly and Reserved Ramp and Lot Parking (increase monthly ramp and lot fees $5.00 per month)", 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. Donna Nelson, 514 Columbia, stated that recently the council pledged that the downtown was a top priority. Yesterday she read in the newspaper that the city is increasing parking fees $5 per month and how does this help the downtown. Ms. Nelson stated last year she asked the city for help with a tenant and was told the city could not help because of the budget. Ms. Nelson stated she did not get an additional discount and lost that tenant. Ms. Nelson stated she heard later that the city uses the parking fees to fund the general fund when we need to use those funds to help the downtown. Ms. Nelson stated the loss of her tenant hurt all downtown as this business had 500 employees at its peak. Ms. Nelson stated the council is bonding for studies in the boon dock, and she would hate to see what the city would do if the downtown was not a top priority. Ms. Nelson stated she received a letter from a potential tenant saying the parking fees are too expensive. Ms. Nelson stated when the parking ramp was built, Midtown was asked to pay $57,000 for ten years and others were also asked to pay smaller amounts and they did. Ms. Nelson stated if she hadn't read about the rate increase in the paper she would not have known about it. Ms. Nelson stated there was a parking committee, and she had several questions and the city was going to call another meeting and there have been no more meetings. Ms. Nelson implored the council to rethink the raise in parking fees as it affects all of downtown. Mayor Rooff stated the council discussed and approved the increase in parking fees at several budget meetings. Nancy Eckert, City Clerk, reported that Ms. Nelson receives a 20 percent discount on her parking fees. Michelle Weidner, Chief Financial Officer, reported that during discussions with Ms. Nelson on her tenant the city offered her a 50 percent discount on the parking fees. Ms. Nelson stated that this tenant paid over $100,000 per year in parking fees, and lowering the monthly fee would have helped keep him in the downtown. April 14, 2003 Page 8 ORDINANCES TO BE ADOPTED CONTINUED Don Temeyer, Community Planning & Development Director, reported it cost about $5 million for both phases of the East Park Avenue ramp. Ms. Nelson recalled that there was an agreement property owners would pay 50 percent of the cost of the parking ramp. Mr. Temeyer stated that for both phases there were grants involved and the block around the ramp required a 13 year assessment. Mayor Rooff asked Ms. Nelson how much did the city pay to get people into River Plaza. Ms. Nelson responded somewhere around fifty cents per employee and a note for $10,000. Ms. Nelson stated they had around 100 employees, and she got around fifty cents per head. Mr. Temeyer reported that the city paid $200 per person. Ms. Eckert reported that the parking fees have not been increased since 1996. The cost for the parking spaces range from $25 per month to $50 per month. At $50 per month, the monthly parker is paying $1.67 per day for a parking stall. Mayor Rooff asked does the city want to subsidize parking to ensure there are tenants downtown. Mayor Rooff reported there have been improvements in both the West 5th Street and the East 5th Street ramps. Ms. Weidner stated it does not account for the debt fund in the ramps as there is 20 years of debt service. Ms. Weidner stated it is possible some of the fees cover overhead such as staff in the City Clerk's office performing the billing, reserving the stalls, etc. Councilperson Jordan stated his biggest concern is citizens did not know about the proposed fee increase. Councilperson Hurley stated he was comfortable with the proposed $5 per month fee increase until listening to Ms. Nelson. Councilperson Hurley stated he needs to sort out what is fact. Councilperson Hurley suggested tabling the ordinance to get more information. Councilperson Hurley asked how do we balance the budget. Mayor Rooff asked Councilpersons Jordan, Hurley and Greenwood to work with Ms. Nelson and then bring back a recommendation in a couple of weeks. Hurley/Greenwood that "an Ordinance amending the 2003 Traffic Code by repealing Section 312, Fees—Monthly and Reserved Ramp and Lot Parking; and enacting in lieu thereof a new Section 312, Fees—Monthly and Reserved Ramp and Lot Parking (increase monthly ramp and lot fees $5.00 per month)", be tabled. Ayes: Six. Nays: Getty. Motion carried. 118081 - Clark/Getty that request of Councilperson Scott Jordan to reconsider request of Robert Smith to rezone from "A-1" Agricultural District to "R-1" Residential District approximately 12.2 acres of property generally located south of Ranchero Road, just east of the city limits line with Hudson for the purpose of residential development be received, placed on file and approved. Ayes: Seven. Motion carried. 118082 - Getty/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 340 to Section 2A-5, Rezoning Certain Property", (rezone from "A-1" Agricultural District to "R-1" Residential District approximately 12.2 acres of property generally located south of Ranchero Road, just east of the city limits line with Hudson for the purpose of residential development) 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 Welper asked why does this request continue to come back to the council. The Long Range Land Use Plan says the area is to be agricultural. Councilperson Welper asked why pay for the plan if we aren't going to do what it says. Dennis Anderson, 914 Lynda, stated that for the past six months he has been looking for an acreage, and the best he has found was past Orange Road or in Grundy County. Mr. Anderson stated he has lived in Waterloo since 1956, and he doesn't mind a septic tank or well. Mr. Anderson stated that he noticed that expanding the tax base is one of the council's top strategic goals and new housing adds to the tax roll. • • April 14, 2003 • • ORDINANCES TO BE ADOPTED CONTINUED Page 9 Ken Lockard commented that he was involved with developing the Long Range Land Use Plan twice. Mr. Lockard stated the Long Range Land Use Plan is not a science, and they made mistake after mistake. The plan should be used as a guide. Mr. Lockard stated the city has problems with parking and garbage and is short of money. Mr. Lockard stated it doesn't make since to have residents on one side of the block, and here is an opportunity for the city to raise $21,000 per year plus the economic effects on those in the workforce such as concrete workers, carpenters, drivers, etc. Mr. Lockard stated the city in fact has a housing shortage. Mr. Lockard asked the council to please embrace this opportunity. Councilperson Hurley stated he twice voted against this rezoning request in the past because of the neighbors and the Long Range Land Use Plan and now he is ready to vote yes. Councilperson Hurley stated the arguments are neutralizing with the tax revenues and other objective and subjective issues. Councilperson Hurley stated he would like it contingent on the city changing all "A-1" property at the edge of the city limits to "R-1". Councilperson Welper stated he could change his vote if the council agreed to change the plan from "A-1" to "R-1". Don Temeyer, Community Planning & Development Director, stated that the Planning, Programming and Zoning Commission spent months going over the Comprehensive Land Use Plan, and they will look at specific areas. Mr. Temeyer stated the Long Range Land Use Plan is not a zoning ordinance, but just a plan. Mr. Temeyer stated the Planning, Programming and Zoning Commission thought seven lots with separate septic tanks would be okay. Mr. Temeyer stated if additional lots are added, the city would have to ask them to provide more infrastructure. Mayor Rooff stated he will ask the Planning, Programming and Zoning Commission to review "A-1" Agricultural zoning in areas within the city and bring back a recommendation to the council. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Welper. Motion carried. 118083 - Getty/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Welper, Greenwood. Motion failed. BILLS PAYMENT 118084 - Jordan that "Resolution approving Schedule AP640, pp. 1-86, dated April 14, 2003, in the amount of $925,379.33, 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. 2003-253. Greenwood now absent at 6:54 p.m. NEW BUSINESS 118085 - Hurley/Jordan that communication from City Planner transmitting amendment to Waterloo Zoning Ordinance, as amended, as it pertains to allowing homes in industrial districts legally established prior to the Zoning Ordinance provisions to be legally rebuilt on the same lot or site, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 5, 2003, at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-254. Greenwood now present at 6:56 p.m. April 14, 2003 NEW BUSINESS CONTINUED 118086 - Welper/Jordan Page 10 to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with Purchase of Green LED Traffic Signal Light Retrofit, be received and placed on file. Ayes: Seven. Motion carried. 118087 - Jordan/Clark that plans, specifications, form of contract, etc. in conjunction with Purchase of Green LED Traffic Signal Light Retrofit, be received and placed on file. Ayes: Seven. Motion carried. 118088 - Jordan/Clark 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. 2003-255. 118089 - Getty/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as May 5, 2003, 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. 2003-256. ADJOURNMENT 118090 - Clark/Jordan that the Council adjourn at 6:56 p.m. Ayes: Seven. Motion carried. Nancy ckert City Clerk 1 •