Loading...
HomeMy WebLinkAboutMinutes-03/10/2003• • March 10, 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, March 10, 2003. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Kincaid, Welper, Clark, Jordan, Hurley, Getty. Absent: Greenwood. Invocation by: Cammie Scully, Director of Cultural & Arts Commission. Pledge of Allegiance: Councilperson Ron Welper. ORAL PRESENTATIONS 117847 - Jerry Shatzer, 1829 West 7th Street, complimented Councilperson Getty for being the silent member in bringing back jet service to Waterloo. Mr. Shatzer complimented Councilperson Getty for his non-political statement that he does not need anyone to decide what he should make. Mr. Shatzer stated Council Members and Mayor Rooff knew what they would make when they ran for office. Mr. Shatzer agreed that the mayor and council's salaries are low and suggested the wages be increased 25 percent the first year and 15 percent the second year. Mr. Shatzer suggested that Mayor Rooff's salary be set between $60,000.00 and $65,000.00 this year. Jordan/Clark that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 117848 - Hurley/Jordan that the Agenda, as amended, for the Regular Session on Monday, March 10, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 117849 - Jordan/Clark that the Minutes, as proposed, for the Regular Session on Monday, March 3, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Mayor Pro Tem Getty introduced Ms. Iowa, Stephanie Moore. CONSENT AGENDA 117850 - Jordan/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 City Engineer transmitting request of Gary Shock for a waiver for a concrete driveway to be located at 722 Creston Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-144. 2. Communication from Police Chief transmitting request of Black Hawk County Street Machines Car Club to hold Black Hawk County Street Machines Car Show on May 3, 2003, from 8:00 a.m. to 5:00 p.m. on 4th Street from the 100 block of West 4th to Mulberry Street, including barricading cross traffic on East 4th Street on Sycamore and Lafayette Streets. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-145. b. Motion to approve the following: 1. Pat Treloar, Community Services Coordinator, to attend training on Phoenix Fire Department's Urban Survival Program and participate in Sun City's Senior Home Audit Program in Phoenix, Arizona, on March 15- 21, 2003, with costs not to exceed $1,350.00. 2. Steve Grimm, Fire Department Instructor, to teach Industrial Classes in Boscobel, Wisconsin, on March 10-12, 2003, with costs not to exceed $380.00. March 10, 2003 CONSENT AGENDA CONTINUED Page 2 3. Fire Department Instructor to teach Industrial Classes in Marshalltown, Iowa, on March 11, 2003, with costs not to exceed $135.00. 4. Paul Huting, Director of Leisure Services, to attend Iowa Park and Recreation Association Spring Conference in Davenport, Iowa, on April 6-9, 2003, with costs not to exceed $467.00, including use of city vehicle. c. Communication from Mayor Rooff transmitting appointment of Reverend Jay Burt to the Planning, Programming and Zoning Commission, with term expiration date of February 7, 2005. d. Communication from Mayor Rooff transmitting reappointment of Jim Christensen, Dan Dolan and Mike Hogan to the Waterloo Airport Board, with term expiration date of January 14, 2006. e. Communication from Mayor Rooff transmitting appointment of Don Ross and Lee Tolbert, Jr. to the Waterloo Commission on Human Rights, with term expiration date of January 1, 2005; and reappointment of Lisa Gates and Ron Dixon, with term expiration date of January 1, 2006. Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Greenwood. Motion carried. HEARINGS AND BIDS 117851 - Welper/Kincaid that proof of publication of notice of public hearing on the F.Y. 2003 Street Reconstruction Program, Contract No. 659, as published in the Waterloo Courier on February 25, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 117852 - Jordan/Welper that hearing and bid opening in conjunction with above described project be changed to Thursday, March 20, 2003, at 8:00 a.m. Ayes: Six. Absent: Greenwood. Motion carried. 117853 - Kincaid/Hurley that proof of publication of notice of public hearing on the F.Y. 2003 Sycamore Street Reconstruction Program, Contract No. 654, as published in the Waterloo Courier on February 25, 2003, be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark asked Eric Thorson, City Engineer, if council members would be getting the life cycle analysis before these two contracts are let. Mr. Thorson responded that he has provided that information to Mayor Rooff, and Mayor Rooff is going to get with the council on this information. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Motion carried. 117854 - Clark/Jordan that hearing and bid opening in conjunction with above described project be changed to Thursday, March 20, 2003, at 8:00 a.m. Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 117855 - Clark/Jordan that proof of publication of notice of public hearing on request of Robert Smith to rezone from "A-1" Agricultural District to "R-1" Residential District approximately 12.2 acres generally located south of Ranchero Road just east of the city limits line with Hudson for the purpose of a residential development, as published in the Waterloo Courier on February 25, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. • 1 March 10, 2003 • • HEARINGS CONTINUED Page 3 117856 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. City Clerk Nancy Eckert reported that a petition in opposition to the rezoning has been received from over 20 percent of the property owners. Eric Johnson, representing Robert Smith, stated that with the petition of opposition it will take six of the seven council members to pass this ordinance. would like approval. Mr. Smith's questions. Mr. Johnson stated that with Councilperson Greenwood absent, he the council to table this item to give the applicant a chance for Mr. Johnson asked that the council hold a work session to discuss request and give Mr. Smith an opportunity to answer specification Jordan/Welper that the hearing be tabled to March 31, 2003. Ayes: Six. Absent: Greenwood. Motion carried. 117857 - Hurley/Jordan that proof of publication of notice of public hearing on request of Menard's, Inc. to rezone from "R-2" One and Two Family Residence District and "R-4" Multiple Family Residence District to "C-2" Commercial District property generally located immediately north of the existing Menard's outside sales yard and east of Hammond Avenue to allow for a Menard's home improvement building supply store, as published in the Waterloo Courier on February 25, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 117858 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Jordan/Welper 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: Six. Absent: Greenwood. Motion carried. 117859 - Jordan/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 336 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 117860 - Welper/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 117861 - Welper/Hurley that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 336 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4598. 117862 - Hurley/Jordan that proof of publication of notice of public hearing on the request of John Dixon to rezone from "R-2" One and Two Family Residence to "C -1,C -Z" Conditional Commercial District property generally located at the northwest corner of Grandview Avenue and W. Parker Street to allow for a warehouse facility, as published in the Waterloo Courier on February 25, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 117863 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. City Clerk Nancy Eckert reported that a petition of opposition to the rezoning has been received from over 20 percent of the property owners. March 10, 2003 Page 4 HEARINGS CONTINUED Mrs. Charles Bentley, 701 West Parker Street, stated she has lived in her house for 28 years, and that she is speaking for 114 people who oppose this rezoning request. Mrs. Bentley reported that she wrote a letter to the Planning, Programming and Zoning Commission, and she has done extensive research which was included in the council's packet. Mrs. Bentley stated that Mr. Dixon would like to change the rezoning because he thinks he will get more money for his property. Mrs. Bentley asked the council to look at all the businesses that have been at this location while it has been zoned "R-2" One and Two Family Residence and have never bothered the neighborhood. Mrs. Bentley asked the council to leave the zoning alone as the neighborhood would rather see the property boarded up than as an unwanted business. John Dixon, owner of the property located at 700 West Parker Street, reported he would like to have the property rezoned as he is trying to sell the property and no bank will loan money to potential buyers because of the current zoning. Mr. Dixon stated the "C-1, C -Z zoning has restrictions, and that he would do nothing to hurt the neighborhood. Jordan/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, letters of opposition and in favor and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 117864 - Jordan/Hurley that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 99 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. Councilperson Welper asked what the property is worth now, and Mr. Dixon responded that the property has been appraised at $97,000.00. Mr. Dixon stated that the lot is not big enough for two houses. Jim Walsh, City Attorney, stated that Mr. Dixon could sell the property to someone who would use the property as he is, but Mr. Dixon is saying the banks don't want to give loans as the property is currently zoned. Don Temeyer, City Planner, stated that a bar or dance hall would not be allowed with the new rezoning, and in order to have those types of businesses, it would have to come back to the council. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Motion carried. 117865 - Hurley/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Clark. Absent: Greenwood. Motion failed. DOCUMENTS 117866 - Jordan/Welper that communication from Community Development Director transmitting Release of Real Estate Mortgage for Intro -Spec, Inc. for property located in the area of the former Rath site be received, placed on file and "Resolution approving said Release of Real Estate Mortgage", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-146. 117867 - Hurley/Clark that communication from Police Chief transmitting an application with the Iowa Governor's Traffic Safety Bureau for an Alcohol Incentive grant in the amount of $38,425.50 to be used for overtime for OWI arrests and other alcohol-related offenses be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-147. • • March 10, 2003 • • DOCUMENTS CONTINUED 117868 - Kincaid/Jordan Page 5 that communication from Associate Engineer transmitting agreement with Iowa Department of Transportation for Surface Transportation Program (STP) funds in the amount of $1,743,600.00 in conjunction with F.Y. 2004 Ansborough Avenue/U.S. 20 Interchange, STP-U-8155(616)/RM-8155(43)-90-07, Contract No. 667, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-148. RESOLUTIONS TO BE ADOPTED 117869 - Jordan/Clark that communication from Fire Chief requesting to set Advanced Life Support fees at $390.00, Basic Life Support fees at $286.00 and mileage rate of $6.00 per mile be received, placed on file and "Resolution approving said fees", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-149. ORDINANCES TO BE ADOPTED 117870 - Clark/Hurley that the petitions received for dissolution of the Self -Supported Municipal Improvement District be received and placed on file and the ordinance reestablishing the Self -Supported Municipal Improvement District (SSMID) for two years at $3.00 per $1,000.00 of assessed valuation be tabled until 8:30 a.m. on Thursday, March 13, 2003. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated he believes the bell rang on the SSMID on Friday when the petitions were filed with the City Clerk. Councilperson Clark stated we need time to have the City Attorney review the petitions filed today by Main Street Waterloo. Jim Walsh, City Attorney, stated that the city needs to look at the documents filed today, and we need to see if we even should look at them. Mr. Walsh stated if the petitions filed on Friday have over 40 percent of the property owners, we might not be able to do anything. Mr. Walsh stated that Noel Anderson, City Planner, looks at the property, he doesn't do signature analysis. Councilperson Clark stated that the petitions filed on Friday have been investigated and it appears that 43 percent of the property owners in the SSMID signed the petitions. Mr. Walsh stated that it appears that one of the petitions have been challenged, but it appears there is still over 40 percent of the property owners. Mr. Walsh stated that the city is looking at the petitions filed today only as secondary. Councilperson Jordan stated there are people who signed both petitions. Mr. Walsh stated that the latest one filed is the one that counts. Mr. Walsh stated the District can file another petition, and they can file it right away, but the Black Hawk County Auditor cannot impose the tax if the ordinance is not filed by March 15. Mr. Walsh stated this is a lengthy process to get through, and that filing of the petitions kills this ordinance according to State Code. Councilperson Getty stated he is very disgusted that two adult entities could not reach a solution they could be happy with, and it now looks like the SSMID is dead for one year. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Motion carried. 117871 - Hurley/Welper that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (305) Peoria Street of Section 551, Prohibited Parking at All Times on Certain Streets, and Subsection (83) Peoria Street of Section 553, No Parking Here to Corner (allow parking on both sides of Peoria Street)", be received, placed on file, considered and passed for the second time. March 10, 2003 ORDINANCES TO BE ADOPTED CONTINUED Prior to a vote on the above motion, the following comments were heard. Page 6 Councilperson Hurley submitted a petition signed by property owners asking that parking be returned to both sides of the 200 block of Peoria Street. Hurley/Jordan that the petition be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 117872 - A vote was taken on the original motion Absent: Greenwood. Motion carried. 117873 - Jordan/Hurley that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. with the following result. Ayes: Six. 117874 - Clark/Jordan that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (305) Peoria Street of Section 551, Prohibited Parking at All Times on Certain Streets, and Subsection (83) Peoria Street of Section 553, No Parking Here to Corner (allow parking on both sides of Peoria Street)", be considered and passed for the third time and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4599. BILLS PAYMENT 117875 - Jordan that "Resolution approving Schedule AP640, pp. 1-68, dated March 10, 2003, in the amount of $1,879,764.45, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-150. NEW BUSINESS 117876 - Clark/Jordan that communication from Community Planning & Development Director transmitting request to amend the Downtown Urban Renewal Plan to include the Grout Museum projects as part of the Riverfront Plan be received, placed on file and "Resolution setting date of hearing as April 7, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval of Mayor Pro Tem assigned No. 2003-151. 117877 Clark/Jordan that communication from Community Planning & Development Director transmitting Cattle Congress Urban Renewal and Redevelopment Plan to include Cattle Congress revitalization projects as part of the Riverfront Plans be received, placed on file and "Resolution setting date of hearing as April 7, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described plan", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval of Mayor Pro Tem assigned No. 2003-152. 117878 - Welper/Jordan that communication from City Planner transmitting request to rezone from "M-1" Light Industrial District to "R-2" One and Two Family Residence District property generally located in Blowers Addition bounded by Milton Street, Lafayette Street, Fay Street and Blowers Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 31, 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: Six. Absent: Greenwood. Resolution adop and upon approval by Mayor Pr m assigned No. 2003-153. March 10, 2003 NEW BUSINESS CONTINUED 117879 - Jordan/Clark • Page 7 to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Traffic Signal Materials for East San Marnan Drive and Hammond Avenue, CS -TSF -8155(39)-85-07, Contract No. 672, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. 117880 - Jordan/Hurley that plans, specifications, form 2003 Traffic Signal Materials for TSF -8155(39)-85-07, Contract No. Six. Absent: Greenwood. Motion 117881 - Jordan/Hurley of contract, etc. in conjunction with F.Y. East San Marnan Drive and Hammond Avenue, CS - 672, be received and placed on file. Ayes: carried. that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-154. 117882 - Hurley/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 31, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-155. ADJOURNMENT 117883 - Jordan/Clark that the Council adjourn at 6:26 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Nanc Eckert City Clerk