Loading...
HomeMy WebLinkAboutMinutes-04/28/2003• • April 28, 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 28, 2003. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Pastor Gary Heidt-Johnson, Zion Evangelical Lutheran Church. Pledge of Allegiance: Councilperson Harold Getty. ORAL PRESENTATIONS 118119 - Mrs. Charles Bentley, 701 West Parker, read a prepared statement to the council regarding the rezoning process for the East Side Used Furniture Store at 700 West Parker. Mrs. Bentley asked the council to reconsider the rezoning. Mrs. Bentley questioned the signatures on the petition filed by John Dixon and also Mr. Dixon's statement regarding his inability to acquire financing for the property without the rezoning. Mrs. Bentley reported they started out with over 65 percent of the neighbors within the 250 foot radius opposed to the rezoning. Mrs. Bentley stated when the Dixons presented their petition, they had approximately 39 percent in favor of the rezoning and there were 50 percent opposed. Mrs. Bentley stated in other legal matters the majority rules and asked the council to explain why not in this matter. Mayor Pro Tem Getty stated Mrs. Bentley's comments will be received and placed on file. The council will review Mrs. Bentley's comments and they can bring it back at another time if they wish. Jordan/Hurley that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 118120 - Jordan/Greenwood that the Agenda, as proposed, for the Regular Session on Monday, April 28, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118121 - Jordan/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, April 21, 2003, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 118122 - Hurley/Welper that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Communication from Police Chief transmitting request of Waterloo Memorial Board to conduct annual Memorial Day Parade on May 26, 2003, beginning at 10:30 a.m. with route to travel west on Commercial Street to Park Avenue, north to Mulberry Street, east to East 5th Street, then south to Memorial Hall. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-275. 2. Communication from Police Chief transmitting request of Family YMCA of Black Hawk County to hold 5K Fun Run on May 3, 2003, starting at 9:00 a.m., with run to begin and end at the YMCA on South Hackett Road. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-276. 3. Communication from City Engineer transmitting request of Betty Stewart for a waiver for a concrete driveway to be located at 343 Wyoming Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-277. April 28, 2003 Page 2 CONSENT AGENDA CONTINUED b. Motion to approve the following: 1. Shane Schellhorn, Firefighter/Paramedic, to attend Mobile Aircraft Rescue Training in Dubuque, Iowa, on April 29, 2003, with costs not to exceed $300.00, including use of city vehicle. c. Beer License Permit Application Class C AA Mart, Inc., 2100 Lafayette Street (New) (Expires 5/01/03) (Includes Sunday Sales) d. Dance License Application Tequila Club, 228 East 4th Street e. Cigarette Permit Application Fortunes, 328 Elm Street f. Bonds Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS 118123 - Jordan/Hurley that proof of publication of notice of public hearing on request of Hy -Vee for a site plan amendment to the "S-1" Shopping Center Commercial District for property generally located on Flammang Drive, just northeast of the Hy - Vee Store, for development of a proposed convenience store, as published in the Waterloo Courier on April 22, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118124 - 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, Community Planning and Development Director, reported the area was reviewed by the Traffic Engineer. The Traffic Engineer could not determine any positive or negative impact on the new sight. Mr. Temeyer stated that the convenience store would not increase traffic, but would use traffic already in the area. Mr. Temeyer stated that traffic will probably increase in this area in the future as development and traffic volumes grow. Jordan/Clark 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. 118125 - Hurley/Welper that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 278. 118126 - Welper/Kincaid that proof of publication of notice of public hearing on request of Black Hawk Habitat for Humanity to sell and convey property generally located at 925 Logan Avenue for $1.00, as published in the Waterloo Courier on April 17, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118127 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Clark/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. • • April 28, 2003 • • HEARINGS CONTINUED 118128 - Jordan/Kincaid Page 3 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 Pro Tem assigned No. 2003- 279. PETITIONS FROM PUBLIC 118129 - Hurley/Jordan that communication from City Planner transmitting request of Todd and Irene Welch to rezone from "A-1" Agricultural District and "R-1" Family Residence District to "C -1,C -Z" Conditional Zoning property generally located at 2761 Logan Avenue for purpose of extending their vehicle display area, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 19, 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 Pro Tem assigned No. 2003- 280. DOCUMENTS 118130 - Welper/Greenwood that communication from Building Official/Maintenance Administrator transmitting Change Order No. G-10 for a net increase in the amount of $20,310.00 and Change Order No. G-11 for a net increase in the amount of $45,648.00 for work to be performed by Prairie Construction Co. in conjunction with the 2002 Five Sullivan Brothers Convention Center Remodeling Project be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. 118131 - Greenwood/Welper that communication from Airport Director transmitting Change Order No. 4 for a net increase in the amount of $53,780.00 for work to be performed by Peters Construction Company in conjunction with Waterloo Regional Airport Terminal Renovation Project be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated that the bids on this project were very favorable and even with this change order the project is still under budget and does not require additional money. Mayor Pro Tem Getty stated that the bids came in lower than the engineer's estimate, and some of the items removed prior to letting the project are being put back in the project. Mayor Pro Tem Getty stated that the Airport Board has reviewed and approved the change order. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 118132 - Welper/Jordan that communication from City Planner transmitting one-year agreement with Joe Squiers of Squiers Square to lease property generally located on the southeast corner of Water Street and East 6th Street for $120.00 per month be received, placed on file and "Resolution approving said lease 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. 2003- 281. April 28, 2003 Page 4 DOCUMENTS CONTINUED 118133 - Kincaid/Jordan that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of Reinbeck, Iowa, in conjunction with F.Y. 2003 Salvaged Asphalt Crushing, Contract No. 662, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 282. RESOLUTIONS TO BE ADOPTED 118134 - Greenwood/Jordan that communication from City Planner transmitting request of Mediacom to dedicate property generally located just northeast of Skyline Drive for easement purposes 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. 2003- 283. 118135 - Hurley/Jordan that "Resolution fixing date of hearing as May 27, 2003, at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $2,900,000 General Obligation Bonds for Essential Corporate Purposes to pay costs for reconstruction and improvements to the Airport; acquisition and improvement of GIS/GPS mapping systems,; acquisition, construction and improvement of real and personal property useful for protection of property from floods or high waters; construction, reconstruction and repairing of street, sidewalk and intersection improvements; acquisition of vehicles and equipment for the police, fire and street departments, improvement to city parks and repair and replacement of facilities, equipment and improvements found in city parks; acquisition, improvement and installation of traffic control devices and street lighting fixtures", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley asked if the city were planning on using hotel/motel tax funds for the renovations to the Five Sullivan Brothers Convention Center. Michelle Weidner, Chief Financial Officer, responded that the city issued $500,000 GO Bonds last year and is not planning on using hotel/motel tax funds. Councilperson Clark stated that the city is applying for a grant to offset the regional jet service at the Waterloo Regional Airport. Ms. Weidner responded that the resolution only authorizes the city to sell the bonds, and if we don't need them we don't have to sell the bonds or we can reallocate the bonds. Following comments 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. 2003- 284. 118136 - Hurley/Jordan that "Resolution fixing date of hearing as May 27, 2003, at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $700,000 General Obligation Bonds for Essential Corporate Purposes to pay costs of aiding in the planning and carrying out of Urban Renewal Plans for Downtown Waterloo Riverfront Urban Renewal Area, the Airport Tax Increment Redevelopment Area and the Rath Tax Increment Redevelopment Area, including acquisition of properties and related demolition and clearance activities", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 285. • • April 28, 2003 • • RESOLUTIONS TO BE ADOPTED CONTINUED 118137 - Hurley/Jordan Page 5 that "Resolution fixing date of hearing as May 27, 2003, at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $600,000 General Obligation Bonds for a General Corporate Purpose to pay costs of the reconstruction and improvement of the Five Sullivan Brothers Convention Center", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 286. 118138 - Hurley/Jordan that "Resolution fixing date of hearing as May 27, 2003, at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $625,000 General Obligation Bonds for General Corporate Purposes to pay costs of the reconstruction, remodeling, repair and improvement of city buildings; acquisition of hardware and software and related computer replacement program", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 287. 118139 - Hurley/Jordan that "Resolution fixing date of hearing as May 27, 2003, at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $630,000 of General Obligation Bonds for General Corporate Purposes to pay costs of the acquisition of capital equipment and vehicles used for city departments and operations; reconstruction and improvement to the Youth Pavilion, Riverfront Stadium and sports and boating center facilities", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 288. 118140 - Hurley/Jordan that "Resolution fixing date of hearing as May 27, 2003, at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $645,000 of General Obligation Bonds for General Corporate Purposes to pay costs of reconstruction and improvement of city golf courses and the acquisition of golf and parks equipment", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 289. 118141 - Hurley/Jordan that "Resolution fixing date of hearing as May 27, 2003, at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $350,000 General Obligation Bonds for a General Corporate Purpose to pay costs of the funding of the city's obligations under an economic development guaranty agreement relating to expanded regional jet service at the Waterloo Regional Airport", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 290. 118142 - Hurley/Jordan that "Resolution fixing date of hearing as May 27, 2003, at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $3,000,000 General Obligation Bonds for Essential Corporate Purposes to pay costs of refunding and refinancing of certain city indebtedness, consisting of outstanding General Obligation Bonds, Series 1995", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 291. April 28, 2003 Page 6 ORDINANCES TO BE ADOPTED 118143 - Jordan/Hurley that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 340 to Section 2A-5, Rezoning Certain Property", (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, considered and passed for the third time and adopted. Prior to a vote on the above motion, the following comments were heard. Becky Anderson, 914 Lynda Road, stated she drove by Ranchero Road as they are interested in building a home. Ms. Anderson commented this is an excellent location, and with the low interest rates they want to take advantage of that. Ms. Anderson asked the council to vote yes on rezoning of this property. A resident stated they bought a home further out and enjoy living there. They are close to Highway 20 and enjoy country living. She stated that studies show if they are 1% acre lots, there is no problem with the well. She asked the council to vote yes. Councilperson Welper stated he is concerned with the lack of water if there is a fire in this area. Councilperson Welper stated that Jeff Daniels, a member of the Planning, Programming and Zoning Commission, is also concerned about the lack of water. Councilperson Welper stated Fire Chief Ned DeBerg has said it will take seven minutes to get to this area and is also concerned about the lack of water. Councilperson Welper stated if there were water in this area he would vote yes on the rezoning, otherwise he will vote no. Councilperson Hurley reported that he has a number of concerns relating to appropriateness of septic fields and what will happen to the road. Councilperson Hurley stated that Hudson has put a moratorium on Butterfield Road, and they are going through the readings of adopting "R-5" Large Site District, which calls for three acre lots. Councilperson Hurley stated that Mark Linda from Black Hawk County Health will insist on engineered septic systems for this residential development. Councilperson Hurley stated that there will be heavier traffic on a seal coated road. The city's seal coated roads are on a four-year cycle and it will be time for the Street Department to repair this road. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Welper. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4610. 118144 - Jordan/Welper that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo amending Section 7, Chapter 2 and Chapter 2A, pertaining to sidewalk construction, inspections and repair", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118145 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118146 - Welper/Jordan that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo amending Section 7, Chapter 2 and Chapter 2A, pertaining to sidewalk construction, inspections and repair", 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. 4611. 118147 - Clark/Greenwood that "an Ordinance declaring a moratorium for six months for construction, development, redevelopment, remodeling or new construction within the Vision Iowa Project area", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. • • April 28, 2003 • • ORDINANCES TO BE ADOPTED CONTINUED 118148 - Jordan/Clark Page 7 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118149 - Clark/Jordan that "an Ordinance declaring a moratorium for six months for construction, development, redevelopment, remodeling or new construction within the Vision Iowa Project area", 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 Pro Tem assigned No. 4612. BILLS PAYMENT 118150 - Jordan/Hurley that "Resolution approving Schedule AP640, pp. 1-59, dated April 28, 2003, in the amount of $1,529,999.27, 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 Pro Tem assigned No. 2003- 292. NEW BUSINESS 118151 - Clark/Jordan that "Resolution authorizing City Engineer to send out notification to property owners of proposed sidewalk repairs and estimate of costs and setting date of hearing as May 19, 2003, at 5:30 p.m. in the City Hall Council Chambers on proposed repairs in conjunction with the Sidewalk Inspection and Repair Program -Zone 3", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 293. ADJOURNMENT 118152 - Clark/Jordan that the Council adjourn at 6:10 p.m. Ayes: Seven. Motion carried. -1'\ 0 Nancy Eckert City Clerk