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HomeMy WebLinkAboutMinutes-08/21/2000• August 21, 2000 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 21, 2000. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Mark Eigsti, Crossroads Community Church. Pledge of Allegiance: Councilperson John Murphy. ORAL PRESENTATIONS 114196 - Kathy Downing, 922 Lynda Road, stated that she has been pursuing this matter since last year regarding reconstruction stopping at 850 Lynda Road and not doing the street in front of 906, 914 and 922 Lynda Road. Ms. Downing reported that she spoke with Councilperson Murphy and Mayor Rooff and was told that her road was not going to be reconstructed. Ms. Downing stated that their problem at that time was that their street had deteriorated. Ms. Downing reported that she spoke with Dennis Gentz, Assistant City Engineer, and he told them the city was not going to do anything but would come out to patch. Ms. Downing stated that this doesn't make sense when they are only three driveways away. Ms. Downing stated that they were told last year the contractors were going to cut out and reconstruct. Ms. Downing stated that they have dirt driveways. Ms. Downing stated that they were told the area being reconstructed is five years older, and that the concrete in front of their homes would be removed and patched. Ms. Downing stated that their approach is bad and is the worse approach on the block. Eric Thorson, City Engineer, stated that there is an age difference between where the street was reconstructed and where the work stopped. Mr. Thorson stated that there is deterioration on the curb cut and approach of these homes. Mr. Thorson stated that the city cannot justify doing the entire street for these approaches, and the city only does approaches when part of street reconstruction. Mr. Thorson stated that we are reconstructing the older part and the other section does need an overlay. Ms. Downing stated that she is the third owner from where the project stops, and it is not just the gutter but about six feet into the street. Ms. Downing stated that if the city is going to do patchwork, they should do the driveways. Ms. Downing submitted pictures of the approaches of 906, 914 and 922 Lynda Road. Mr. Thorson commented that the issue came up after the list was made public, and that the city will do the patchwork in a few weeks. Mayor Rooff stated that it sounds like someone put in bad cement. Mayor Rooff asked Councilperson Murphy and Mr. Thorson to get a cost estimate for this area. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 114197 - Jordan/Gronen that the Agenda, as proposed, for the Regular Session on Monday, August 21, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 114198 - Jordan/Berry that the Minutes, as proposed, for the Regular Session on Monday, August 14, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS 114199 - Krizek/Getty that proof of publication of notice of public hearing on the request of David and Stephanie LeCompte to rezone from "R-1" Residence District to "R -1,C -Z" Conditional Residence District property generally located behind Platt's and K - Mart on University Avenue between South Hackett Road and Progress Avenue, as published in the Waterloo Courier on August 7, 2000, be received and placed on file. Ayes: Seven. Motion carried. August 21, 2000 Page 2 HEARINGS CONTINUED 114200 - This being the time and place of public hearing, the Mayor called for written and oral objections. City Clerk Nancy Eckert reported that we have received petitions of opposition from 16.77 percent of property owners within 250 feet of the rezoning request, and a letter from Brian Benson opposing the rezoning because of concerns of storm sewer problems. Mayor Rooff stated that the council received an invitation from David and Stephanie LeCompte to visit a similar location in Cedar Falls, and the council has not been able to visit that site. Councilperson Anders submitted a letter of opposition from Robert Huff, 1826 Epping Place. Councilperson Jordan asked if K -Mart and Platt's are the largest percent of property owners. Noel Anderson, Assistant City Planner, stated that based on square footage of the property, K -Mart is approximately 20 percent of property owners within 250 feet and Platt is about 10 percent. Mr. Anderson reported that K -Mart and Platt's have withdrawn their opposition. Jordan/Murphy that the petitions and letters of opposition be received and placed on file. Ayes: Seven. Motion carried. 114201 - Eric Johnson, representing David and Stephanie LeCompte, stated that the LeComptes are life-long residents of Waterloo. A year ago, the LeComptes purchased 20 acres of property located behind Platt's and K -Mart on University Avenue to raise and board horses. The land is currently zoned "R-1", which allows horses based on square footage and they could have up to 80 horses. The LeComptes want to construct four to six houses and a 10 horse stall stable, and the issue is whether in this subdivision each has their own small barn or one central barn. Horses are allowed out there, the issue is how the LeComptes will develop the property. "C -Z" Conditional Zoning is for commercial stables. The LeComptes will build their house, other buyers will build their homes and board horses. The reason for the commercial stable is in case not all the owners use the stable, the LeComptes could board horses from other citizens in the city. The riding area is to train and work with horses year round and will be enclosed. There is talk about odors, but there will not be odors. The Planning, Programming and Zoning Commission staff visited and there were no odors. Traffic will be minimal, and the LeComptes are thinking of an access off of University Avenue. The land does not create drainage problem, but the problem is from somewhere else. Mr. and Mrs. LeCompte will allow a retention pond, and they are willing to address this issue for the betterment of the neighborhood. It is estimated the value of the buildings will be $2 million. The LeComptes have chosen to develop in Waterloo, not Cedar Falls. They are not wanting to create urban sprawl, and this area already has infrastructure. The request was passed by the Planning, Programming and Zoning Commission and there is less than 20 percent opposition. The applicants feel this is a good development and is good for Waterloo. Camille Hogan, 549 Sunset, stated she has two grandchildren who are around horses. There is no way for the horses to escape because of a double fence. These are tame horses, show animals that are used to children and people. Ms. Hogan stated there is no safety issue. Ms. Hogan stated that the dust would be contained in the arena, and no stallions will be on site. Jeff Duggan, 1909 Wembley, stated that it seems that the petition numbers are being played with. Mr. Duggan stated that they submitted a petition of opposition with many more signatures than are being talked about tonight, and the petition was signed by K -Mart and Platt's. Mr. Duggan commented that 37 homes abut the property, and 22 signed in opposition or approximately 60 percent opposed the request, and now all of a sudden we are at 16 percent in opposition. Mr. Duggan stated he feels it still will take a super majority vote. Noel Anderson, Assistant City Planner, stated that there are four different stages of petitions, with the final tabulation showing 16.77 percent opposing the rezoning. • • August 21, 2000 Page 3 HEARINGS CONTINUED Dave LeCompte stated that at the Planning, Programming and Zoning Commission meeting there were 38 percent opposed to their request. Last week they visited those opposed and talked to the neighbors. None of them were opposed, they were comfortable with the Planning, Programming and Zoning Commission's recommendation and the number of horses and homes. Mr. LeCompte stated that K - Mart was never in opposition. Mr. LeCompte stated that today they had a three- way conference call with the manager and corporate office of K -Mart, and corporate supports the manager of K -Mart and are not in opposition. Bob Huff, 1826 Epping Place, stated that the owners could locate outside the city limits and make no adjustments. Mr. Huff urged the council to vote against the request. Brian Benson, 1916 Mayfair Street, stated that he has lived at this address for 20 years. Mr. Benson read his letter of opposition. Mr. Benson invited the council to visit the area, and that the water problem is contained in one area, Mayfield Street and Westbourne Terrace addition. Mr. Benson stated that when they had water problem, they asked Platt's to contain the water with some kind of holding pond, and he said he was here first and the residents had to contend with him. Mr. Benson stated that the water causes serious health problems, with the water going through the sanitary sewer and then through the basement. Mr. Benson stated that he spent $2,000.00 and installed a backflow preventer and no longer has the water problems but others still do. Mr. Benson commented that Platt's would not do anything and they ask the same, that the residents did not move there because of horses. The resident of 1924 Tilbury Road stated that her daughter owns horses and she boarded her horses on South Main for 12 years. Horses do break through fences, horses like to run. Its not so bad in the Winter time, but in the Summer time they do break through the fences. She commented that they took their horses out to the country. Don Miller, 203 Westbourne, stated that his house was built in 1972, he purchased the home in 1976, and in 1979 they had major flooding in the 400 block of Westbourne. After that the city graveled the street and added several sewer drops which helped. Mr. Miller commented that in 1993 there were thousands of dollars of damage caused by flooding. Mr. Miller stated that last year flooding was 18 inches high across Castle, and this year flooding caused streams to cross Castle and Rainbow Drive. Mr. Miller stated that before we start other developments we should solve problems already there. Cindy Fisher, 2006 Tilbury Road, stated that she use to show horses and stabled them with a professional, and she has concerns. Ms. Fisher stated that every child wants to touch or be near horses. Ms. Fisher stated that if the council approves this request, please require lots of fences and someone always on the property. Ms. Fisher stated that horses are loving and beautiful animals, but they can be frightened. Ms. Fisher stated that horses make messes and asked what are the arrangements for the manure and she has concerns about the flies. Ms. Fisher asked if the horses will be shown professionally. Ms. Fisher asked the council to please consider the children and safety issues. Mr. Anderson reported that horses are already allowed in the "R-1" district at the rate of one horse per 10,000 ft. and the LeCompte could legally have 80 horses now, and the rezoning restricts them to 22 horses. Mr. Anderson stated that "C -Z" allows them to board other horses on the property and allows the applicants to build structures larger than the 1,800 foot accessory building maximum. Mayor Rooff stated that we know the creek floods and asked if they develop in this area will it increase flooding or will they be required to put in a retention basin. Eric Thorson, City Engineer, stated that a two family subdivision is not required to build a retention basin but those above two or commercial buildings are required to build a retention basin. Mr. Thorson stated that the owners have said they will work with the city. They have a consultant who needs to gather more data, and the LeComptes have indicated a willingness to help. August 21, 2000 Page 4 HEARINGS CONTINUED Dean Platt stated that the sale is final. Mr. Platt stated that if the property is subdivided there would be more runoff, and a retention pond will solve runoff problems. Mr. Platt commented that the problem is caused by water running from K -Mart and Hy -Vee and funneling down to this area. Mr. Platt stated there would be more runoff with cultivating than with grass and a retention pond will improve it more. Mr. Platt asked the council to approve this request. Getty/Jordan that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 114202 - Councilperson Jordan stated that he is surprised we have an ordinance that allows horses in the city limits, and he would like it to be rescinded. Councilperson Jordan stated that he feels for the residents, and that he feels the council has a responsibility to turn down the request and look at the ordinance. Councilperson Jordan stated that he does not want to bring the county into the city. Councilperson Jordan stated that he would like to vote on the request tonight. Councilperson Anders stated that when he toured the stable west of Cedar Falls and the area to be rezoned, he told Mr. LeCompte he saw no reason not to put it in. Councilperson Anders stated that he represents Ward 3 and in light of the opposition he has to listen to the residents. As zoned now, horses can and probably will be kept on the property. Councilperson Anders stated that there were no flies or smell, and he believes the LeComptes would run a good operation. The only problem is the opposition. Councilperson Anders commented that if he were the LeComptes he would show good faith to the neighbors and then come back and ask to board horses. Mayor Rooff stated that he believes the LeComptes will be good neighbors, and that he has concerns with the conflicting percentage of opposition. City Attorney Jim Walsh stated that the council should resolve the issue of percentage of opposition before the vote in order to know if they need a minor or super majority vote. Mayor Rooff stated that the only other concern is runoff, and they are doing a study and maybe once a determination is made, it might change the neighbors. Mayor Rooff stated that they are already allowed to have 83 horses without the "C -Z", and he would like to have the storm retention. Councilperson Anders stated that the entrance from Wembley Road is the only entrance for 20 acres, and he has concerns with that. Councilperson Getty stated that he has a problem with putting horses or stables in the city and the water retention. Councilperson Getty stated that this could have a high concentration of manure. Councilperson Murphy stated that the water is the main concern, and that we need to work with both parties to keep the water from coming into the neighborhood. Councilperson Anders stated that he feels it is only fair to the residents and the LeComptes to vote on this request tonight. Anders/Jordan that "an Ordinance rezoning from "R-1" Residence District to "R -1,C -Z" Conditional Residence District property generally located behind Platt's and K - Mart on University Avenue between South Hackett Road and Progress Avenue", be received, placed on file, considered and passed for the first time. Nays: Seven. Motion failed. • • • • August 21, 2000 Page 5 PETITIONS FROM PUBLIC 114203 - Anders/Jordan that communication from Fire Chief transmitting request to hold annual Muscular Dystrophy Association (MDA) Boot Block Drive on September 1, 2000, from 3:00 p.m. to 7:00 p.m. and September 2-4, 2000, from 10:00 a.m. to 2:00 p.m. at the intersections of Kimball and Ridgeway Avenues, Ansborough Avenue and Black Hawk Road and Franklin Street and Mullan Avenue, and from 12:00 p.m. to 4:00 p.m. at the intersection San Marnan Drive and LaPorte Road be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-465. 114204 - Anders/Jordan that communication from City Engineer transmitting request of Sherill Allen for a waiver for a concrete driveway to be located at 75 Berkshire Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-466. 114205 - Anders/Jordan that communication from City Engineer transmitting request of John and Susan Fleming for a waiver for a concrete driveway to be located at 4760 Clover Lane, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-467. DOCUMENTS 114206 - Gronen/Murphy that communication from Chief of Police transmitting agreement with the Iowa Department of Public Safety, Governor's Traffic Safety Bureau, for traffic safety funds in the amount of $17,600.00 for overtime costs for traffic enforcement and training, travel and materials related to OWI enforcement 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 by Mayor assigned No. 2000-468. 114207 - Gronen/Murphy that communication from Leisure Services Director transmitting three-year Beverages Agreement with Pepsi-Cola General Bottlers for Young Arena be received, placed on file and "Resolution approving said agreement" be adopted and Mayor and City Clerk authorized to execute same, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-469. 114208 - Gronen/Murphy that communication from Fire Chief transmitting a forgivable loan in the amount of $21,000.00 from the Iowa Department of Economic Development for training of five industrial organizations at the Hazardous Materials Regional Training Center, with a required $12,000.00 match from the organizations, be received, placed on file, and "Resolution approving said loan", be adopted Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-470. RESOLUTIONS TO BE ADOPTED 114209 - Berry/Getty that communication from City Clerk transmitting amendments to Section XIII of the Guidelines for Users of Public Access Television Channel as it pertains to "commercial use" on the Public Access Channel be received, placed on file and "Resolution approving said amendments", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-471. August 21, 2000 Page 6 RESOLUTIONS TO BE ADOPTED CONTINUED 114210 - Berry/Getty that "Resolution designating the Grout Museum District as the official repository of tangible artifacts and archival material belonging and/or related to the five Sullivan brothers", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-472. ORDINANCES TO BE ADOPTED 114211 - Krizek/Jordan that "an Ordinance amending the 1999 Traffic Code by repealing Subsection (316a) Ranchero Road of Section 551, Parking Prohibited at All Times on Certain Streets; and enacting in lieu thereof a new Subsection (316a) Ranchero Road of Section 551, Parking Prohibited at All Times on Certain Streets (extend no parking on Ranchero Road to 20 feet northwest of Guardian Road)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114212 - Jordan/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114213 - Jordan/Gronen that "an Ordinance amending the 1999 Traffic Code by repealing Subsection (316a) Ranchero Road of Section 551, Parking Prohibited at All Times on Certain Streets; and enacting in lieu thereof a new Subsection (316a) Ranchero Road of Section 551, Parking Prohibited at All Times on Certain Streets (extend no parking on Ranchero Road to 20 feet northwest of Guardian Road)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4430. 114214 - Krizek/Jordan that "an Ordinance amending the 1999 Traffic Code by adding Subsection (86a) Lime Street to Section 543, Thru Streets; and repealing Subsection (153) Vine Street of Section 543, Thru Streets; and enacting in lieu thereof a new Subsection (153) Vine Street; and repealing Subsection (11) Barclay Street (s); and adding Subsection (4a) Barclay Street (s) and Vine Street to Section 544, All -Way Stop Intersections (place stop sign at High and Lime stopping at Lime and a four-way stop at the intersection of South Barclay and Vine Streets)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114215 - Jordan/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114216 - Jordan/Gronen that "an Ordinance amending the 1999 Traffic Code by adding Subsection (86a) Lime Street to Section 543, Thru Streets; and repealing Subsection (153) Vine Street of Section 543, Thru Streets; and enacting in lieu thereof a new Subsection (153) Vine Street; and repealing Subsection (11) Barclay Street (s); and adding Subsection (4a) Barclay Street (s) and Vine Street to Section 544, All -Way Stop Intersections (place stop sign at High and Lime stopping at Lime and a four-way stop at the intersection of South Barclay and Vine Streets)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4431. • • August 21, 2000 Page 7 BILLS PAYMENT 114217 - Krizek that "Resolution approving Schedule AP640, pp. 1-68, dated August 21, 2000, in the amount of $518,385.67, 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. 2000-473. TRAVEL REQUESTS 114218 - Anders/Berry that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Paul Hansen, Code Enforcement Officer, to take the AACE Zoning Enforcement Officer Examination in Des Moines, Iowa, on August 26, 2000, with costs not to exceed $185.00, including use of city vehicle. Ayes: Seven. Motion carried. MISCELLANEOUS 114219 - Getty/Jordan that the following beer and liquor license permit application be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department and the following fireworks display application be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Narey's 19th Hole, Inc., 2073 Logan Avenue (Renewal) (Expires 8/23/01) (Includes Sunday Sales) 2. Application for Fireworks Display National Cattle Congress, 250 Ansborough Avenue, September 16, 2000 Ayes: Seven. Motion carried. BONDS 114220 - Jordan/Getty that the report of the City Attorney and list of bonds filed with the City Clerk through August 21, 2000, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 114221 - Jordan/Gronen that the Council adjourn at 6:50 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk