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HomeMy WebLinkAboutMinutes-08/04/2003August 4, 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, August 4, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Councilperson Bob Greenwood. Pledge of Allegiance: Jim Quint, MIS Manager. ORAL PRESENTATIONS 118610 - Maxine Barrows, 749 Excelsior Lane, stated that her property backs up to San Marnan Drive, and that the city needs to more clearly define what will be allowed on this property. Ms. Barrows stated she is concerned what will be on this property as she will have to look at it every day. Ms. Barrows stated she would like clarification as to what types of businesses will be allowed on the property. Ms. Barrows stated she feels that the city's purpose is not to provide business services, but bring businesses to Waterloo. Ms. Barrows stated specifics need to be addressed so people will know what a professional park is, a traffic study is needed for streets, curbs and curb cuts because new development will affect San Marnan Drive. Ms. Barrows stated she requested the Police Department to put in a monitoring system in that area for speeders, and there was monitor in the area, but she has not heard the result but it did help with the noise. Ms. Barrows stated any businesses in our area relocating are going to be aware of how businesses are treated. Ms. Barrows stated she feels the council needs to think clearly before making statements. Ms. Barrows stated the area should be developed to promote Waterloo and flourish. Ms. Barrows stated she depends on everyone doing to make decisions without bias. Ms. Barrows stated we all day, and this area is just one more area of choice. help businesses to their homework and make choices every Jerry Shatzer, 1829 West 7th Street and a member of the Right to Know Committee, stated he was grateful to Mayor Rooff for attending Bill Bartels' funeral. Mr. Shatzer stated that Bill always said about the Mayor that he didn't like what the Mayor did, but he liked John. Mr. Shatzer congratulated Councilperson Welper for pushing to sell the parks to build homes on those properties. Mr. Shatzer stated the city needs to do an evaluation to see what those properties would be worth if developed, and don't stop pursuit of sale. Mr. Shatzer stated we need to be careful of gaining a few trinkets of gold for short-term gain. Jordan/Clark that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 118611 - Hurley/Welper that the Agenda, as proposed, for the Regular Session on Monday, August 4, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118612 - Hurley/Welper that the Minutes, as proposed, for the Regular Session on 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Mayor Rooff read a proclamation endorsing PRIDE and Cedar efforts to bring together parents, students, schools and celebration of education in Black Hawk County starting on DAY year, August 21, 2003. Mayor Rooff read a proclamation declaring August 5, 2003, Out. CONSENT AGENDA 118613 - Getty/Jordan Monday, July 28, Motion carried. Valley Promise's our community in ONE of the school as National Night that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Communication from City Engineer transmitting request of Duane Wessels for a waiver for a concrete driveway to be located at 213 Niagara Drive, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-519. August 4, 2003 Page 2 CONSENT AGENDA CONTINUED 2. Communication from City Engineer transmitting request of Hase Skrgic for a waiver for an asphalt driveway to be located at 1122 West 8th Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-520. b. Motion to approve the following: 1. Jimmie Schmidt, Police Officer to attend Sight Rifle Instructor Certification Course in Johnston, Iowa, on August 17-22, 2003, with costs not to exceed $435.00, including use of city vehicle. 2. Dennis Gentz, Assistant City Engineer, to attend Mid -Continent Transportation Research Symposium in Ames, Iowa, on August 21-22, 2003, with costs not to exceed $228.40, including use of city vehicle. 3. Walter Reed, Executive Director; Brian Krischke, Fair Housing Coordinator; Ron Dixon, Nicky Thomas and Lee Tolbert, Human Rights Commissioners, to attend HUD 2003 Western Regional FHIP/FHAP Fair Housing Training Conference in San Diego, California, on August 25-39, 2003, with costs not to exceed $7,515.20. 4. Larry Ticknor, Airport Maintenance, to attend Basic Airport Safety and Operations Specialist School in Boston, Massachusetts, on August 17- 20, 2003, with costs not to exceed $1,375.00. c. Liquor License Permit Application Class E Lafayette Liquor, 1309 Lafayette Street (New Owner) (Expires 08/04/03) (Includes Sunday Sales) d. Beer License Permit Application Class C Hy -Vee Gas, 1512 Flammang Drive (New) (Expires 08/27/04) (Includes Sunday Sales) Prime Mart, 3535 Marigold Drive (New) (Expires 08/04/04) (Includes Sunday Sales) Lafayette Liquor, 1309 Lafayette Street (New Owner) (Expires 08/04/04) (Includes Sunday Sales) e. Wine License Permit Application Class B Lafayette Liquor, 1309 Lafayette Street (New Owner) (Expires 08/04/04) (Includes Sunday Sales) Prime Mart, 3535 Marigold Drive (New) Expires 08/04/04) (Includes Sunday Sales) f. Bonds. g• Pawnbrokers License Application Duees Pawn & Gun, 909 Independence Avenue Farris Stereo & Loan, 2869 Logan Avenue Levi Brothers Jewelers Ltd, 306 East 4th Street Waterloo Jewelry, 330 East 4th Street Mister Money USA of Waterloo, 1516 LaPorte Road Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS 118614 - Hurley/Jordan that proof of publication of notice of public hearing on request of Dr. Brent Ludens and Dr. Rene Dutkowski Ludens to rezone from "R-2" One and Two Family Residence District to "R-4" Multiple Residential District property generally located at the northwest corner of Olympic Drive and Pheasant Lane for the purpose of construction of a professional office building, as published in the Waterloo Courier on July 23, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118615 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper • • August 4, 2003 • • HEARINGS CONTINUED Page 3 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. 118616 Getty/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 344 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118617 - Jordan/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118618 Hurley/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 344 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4628. 118619 - Jordan/Welper that proof of publication of notice of public hearing on request of Clarence H. Schukei Estate Liquidating Trust to rezone from "A-1" Agricultural District to "C-2" Commercial District property generally located on Schukei Road next to Aldi's Food Store for the purpose of future expansion of the Aldi's Food Store, as published in the Waterloo Courier on July 23, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118620 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Greenwood 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. 118621 - Jordan/Getty that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 345 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118622 - Greenwood/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118623 - Jordan/Hurley that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 345 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4629. 118624 - Getty/Jordan that proof of publication of notice Ordinance No. 2479, Zoning Ordinance, as filing fees for Planning staff related Courier on July 25, 2003, be received Motion carried. of public hearing on amendments to amended, as it pertains to increasing items, as published in the Waterloo and placed on file. Ayes: Seven. August 4, 2003 HEARINGS CONTINUED Page 4 118625 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Community Planning and Development Director, stated that this ordinance will increase fees paid to the Planning and Zoning Department for those filing for a zoning change or zoning -related matters. Mr. Temeyer reported the fee increases will raise an additional $6,000.00 for the city. Mr. Temeyer stated that the Planning, Programming and Zoning Commission were reluctant to raise the fees, but they recognized the need to answer citizens in a timely manner rather than losing people. Councilperson Hurley stated that the fees have not been raised since 1992, some of the activities we were charging nothing and now we will charge a little. Councilperson Hurley stated that staff did a good job of justifying the charges and focused on areas to cover costs. Jordan/Greenwood that the hearing be closed and the 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. 118626 - Jordan/Kincaid that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to increasing filing fees for Planning staff related items", be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Clark. Motion carried. 118627 - Jordan/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118628 - Hurley/Greenwood that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to increasing filing fees for Planning staff related items", be considered and passed for the second and third times and adopted. Ayes: Six. Nays: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4630. UNFINISHED BUSINESS 118629 - Welper/Kincaid that communication from Associate Engineer of contract in the amount of $364,766.89 to K. Inc. of Cedar Falls, Iowa, in conjunction with F. GT Drive Extension, RM -8155(658)-09-07, Contract on file and "Resolution approving said award of Seven. transmitting recommendation of award Cunningham Construction Co., Y. 2003 N.E. Industrial Park - No. 663, be received, placed contract", be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2003-521. DOCUMENTS 118630 - Clark/Jordan that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $364,766.89 from K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa, in conjunction with F.Y. 2003 N.E. Industrial Park - GT Drive Extension, RM -8155(658)-09-07, Contract No. 663, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-522. 118631 - Clark/Jordan that communication from Associate Planner transmitting request of Jody Fitzpatrick for tax exemptions on improvements totaling $10,000.00 for property located at 1115 Kern Street in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopt and upon approval by Mayor assillOed No. 2003-523. August 4, 2003 • • RESOLUTIONS TO BE ADOPTED 118632 - Hurley/Jordan Page 5 that "Resolution supporting the expansion of the Youth Pavilion for the Waterloo Center for the Arts", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned. No. 2003-524. 118633 - Welper/Greenwood that "Resolution approving use of $3,500.00 in discretionary hotel/motel funds to pay for an airline consultant study", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned. No. 2003-525. 118634 - Clark/Jordan that communication from City Planner transmitting request of TurnKey Associates, L.C. for a variance to the 6 -month moratorium on downtown development within the Vision Iowa Project to allow remodeling of the Midwest One Bank & Trust building (formerly Citizens Bank & Trust) located at 403-405 Jefferson Street in the amount of $130,000 be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned. No. 2003-526. 118635 - Clark/Jordan that communication from City Planner transmitting request of Community National Bank for a variance to the 6 -month moratorium on downtown development within the Vision Iowa Project to allow remodeling of their bank located at Commercial Street and Park Avenue in the amount of $150,000 be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Abstain: Hurley. Resolution adopted and upon approval by Mayor assigned. No. 2003-527. 118636 - Mayor Rooff read letters received from Midwest One Bank & Trust and Community National Bank. Mayor Rooff stated both businesses have said they will sign documents that the city would not have to pay extra tax dollars to pay for this remodeling if the acquisition of these properties is necessary for the Riverfront Renaissance Plan. Hurley/Jordan that the letters from Midwest One Bank & Trust and Community National Bank be received and placed on file. Ayes: Seven. Motion carried. ORDINANCES TO BE ADOPTED 118637 - Jordan/Clark that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, to increase re -inspection fees for commercial establishments as follows: 12t re -inspection $100.00; 2nd re -inspection $150.00; 3rd and subsequent re -inspections $200.00", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118638 - Jordan/Hurley that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118639 - Welper/Greenwood that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, to increase re -inspection fees for commercial establishments as follows: Int re -inspection $100.00; 2nd re -inspection $150.00; 3rd and subsequent re -inspections $200.00", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4631. August 4, 2003 ORDINANCES TO BE ADOPTED CONTINUED Page 6 118640 - Mayor Rooff stated that the rezoning request was voted down on a vote of five to two. The city received a letter from Family Video requesting the council to reconsider the rezoning of this property. Mayor Rooff read the letter from Family Video dated July 8, 2003 whereby they requested the rezoning request once again be placed before the council for consideration before they pursue legal alternatives. Mayor Rooff stated that upon receipt of the letter, Councilperson Jordan asked to reconsider and two weeks ago the council voted to reconsider and placed the issue on tonight's council agenda. The resident of 627 Sycamore Street stated that those opposed to the rezoning are concerned because they don't want their children by the adult section. He stated his girlfriend works at Family Video, and she didn't even know about the adult section until she read about it in the newspaper. Mary Haasis, 116 Courtland, stated she does not care one way or the other, but if the church does not want Family Video across from them, the state should buy the lots and make it a playground Bryan Segerstrom, 201 Bertch and a member of Walnut Ridge Baptist Church, reported he drove in the area to check the traffic patterns. Mr. Segerstrom stated he knows school zone signs must be requested and the speed limit is 35 mph. Mr. Segerstrom stated when you pull out on Ansborough Avenue and head north it is very dangerous with people driving in excess of 35 mph. The hill even steeper and access will create a difficult and will be a safety concern for those entering Mr. Segerstrom stated that the Ansborough will increase traffic and the probability of descent from south to north is entrance and exit to the store and existing the store. Avenue/Highway 20 Interchange accidents happening. Mr. Segerstrom stated that our freedom of speech allows that material and it would be a battle the council can't win, but some times some men have to take a stand and bring back the values our country was founded on. Mr. Segerstrom stated the battle could start here tonight. Mayor Rooff asked Mr. Segerstrom to meet with Police Chief Tom Jennings and Sandie Greco, Superintendent of Traffic Operations, after the meeting. Phil Goedken, 409 Baltimore, stated that the citizens just want to raise the standards their children have by the way they are educated and aspire to increase their awareness of where they live, and Family Video will not contribute to that. Mr. Goedken stated that this has come down to money. Mr. Goedken stated that $20,000 sounds like a lot, but it won't help those who have higher standards. Mark Tink, 860 Prospect Boulevard, stated that morals and ethics had their place when this rezoning request was voted down the first and second times, and morals and ethics should be here tonight and the rezoning should be voted down tonight. Mr. Tink stated that the morals and ethics haven't changed but the threat of a law suit has. Mr. Tink stated he understands the city has problems financially and the threat of a law suit, but doing what is right is not always easy. Mr. Tink stated that what is moral and ethical should be done regardless of costs. Arnold Becker, 3376 Inverness Road, stated they thought this issue was settled a few months ago. Mr. Becker stated this is not just a moral issue, but an issue as far as traffic pattern. Mr. Becker stated that a few weeks ago, he presented a petition with approximately 500 signatures, and not all of those signing were from Walnut Ridge Baptist Church or Academy, but a lot were from the neighborhood. Mr. Becker stated that the democratic way of doing things is government of the people, by the people, and for the people. Mr. Becker stated that threatening a lawsuit is not a good basis to start a relationship. Mr. Becker stated that majority rules in a democracy and the petitions presented are representative of the majority. Mr. Becker stated that he hopes a threat of a lawsuit will not scare the council into changing their principles of government. Mr. Becker stated he hopes the council will not change their decision and asked the council not to approve rezoning of this property. Dave Nall, representing Family Video, stated that they will honor their letter of June 11, 2003 and will put in place procedures and items to mitigate concerns of the neighbors. Mr. Nall stated that the company will install a full-length door with an electronic hatch on the room where the adult videos are located. Mr. Nall stated the company does not advertise the adult movies and requires a driver's license or state identification card as proof that those renting the movies are 18 or older. Mr. Nall read a letter from Elizabeth Tyler from the City of Urbana. Mr. Nall stated the City of Urbana's ordinance is identical to Waterloo's ordinance. Mr. Nall stated he would just like to ask for an opportunity to approve this and be a part of the city meeting its strategic goals. • • • August 4, 2003 Page 7 ORDINANCES TO BE ADOPTED CONTINUED Andy Schmidt, 3743 Joan Drive, stated he is concerned about Children and young people. Mr. Schmidt encouraged the council to stand for children. Mr. Schmidt stated he works as a counselor and has had children exposed to adult movies because the children are allowed to watch, and he also stands on the side for women. Jordan/Clark that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 346 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time (rezone from "R-3" Multiple Family Residence District to "C-1" Commercial District property generally located at the northwest corner of West Ridgeway and Ansborough Avenues to allow construction of a Family Video Store and small retail uses). Ayes: Six. Nays: Hurley. Motion carried. 118641 - Clark/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118642 - Welper/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 346 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley stated that adult use is identified as 25 percent of floor space or sales and asked if the city monitors this. Don Temeyer, Community Planning and Development Director, responded if the city receives a complaint we would ask to review the financial records of the business. If the business does not allow the city to review those records, then we use the courts. Mr. Temeyer stated the city does not have an annual review. Following comments a vote was taken on the above motion with the following vote. Ayes: Six. Nays: Hurley. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 4632. BILLS PAYMENT 118643 - Jordan/Greenwood that "Resolution approving Schedule AP640, pp. 1-86, dated August 4, 2003, in the amount of $816,209.47, 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. 2003-528. ADJOURNMENT 118644 - Getty/Clark that the Council adjourn at 6:35 p.m. Ayes: Seven. Motion carried. Ve,(.t Nancy E'Ekert City Clerk