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HomeMy WebLinkAboutMinutes-05/19/2003May 19, 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, May 19, 2003. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Kincaid, Welper, Clark, Jordan, Hurley, Getty. Absent: Greenwood. Invocation by: Reverend Belinda Creighton -Smith, Faith Temple Baptist Church. Pledge of Allegiance: Rudy Jones, Community Development Director. 118227 - Jordan/Hurley that the Agenda, as amended, for the Regular Session on Monday, May 19, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 118228 - Jordan/Hurley that the Minutes, as proposed, for the Regular Session on Monday, May 12, 2003, at 5:30 p.m. be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Mayor Pro Tem Getty read a proclamation declaring May 24, 2003, as KOKZ Cool 105.7 Day. Mayor Pro Tem Getty performed swearing-in of Reserve Police Officers Nathan Alderman, Jeremy Houtsma, Brian Nolta, Steven Paul -Luke, Eric Plummer, Jacque Pritchard and Steven Werner. CONSENT AGENDA 118229 - Jordan/Hurley 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 Ronald Erne for a waiver for a concrete driveway to be located at 2955 Lafayette Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-336. 2. Communication from City Clerk transmitting request of Logan Middle School, 1515 Logan Avenue, for a variance to the Noise Ordinance on June 2, 2003, from 4:30 p.m. to 9:00 p.m. in conjunction with end -of - year celebration including musical instruments and choirs on the track and field location south of the school building, together with recommendation of approval of the Police Chief. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-337. b. Motion to approve the following: 1. Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Patrick Spitzner to the position of Wastewater Operator effective May 27, 2003. c. Beer/Liquor License Permit Application Class C Southtown Lounge, 2026 Bopp Street (Renewal) (Expires 6/07/04) (Includes Sunday Sales) J's R & B, 501 Independence Avenue (Renewal) (Expires 5/31/04) (Includes Sunday Sales) Smitty's Bar, 709 Jefferson Street (Renewal) (Expires 5/26/04) (Includes Sunday Sales) d. Liquor License Permit Application Class E Target Store, 1501 E. San Marnan Drive (Renewal) (Expires 6/27/04) (Includes Sunday Sales) May 19, 2003 Page 2 CONSENT AGENDA CONTINUED e. Beer License Permit Application Class C Metro 66, 1625 West 4th Street (Renewal) (Expires 6/08/04) (Includes Sunday Sales) Express Mart, 3535 Marigold (Renewal) (Expires 4/30/04) (Includes Sunday Sales) Target Store, 1501 E. San Marnan Drive (Renewal) (Expires 6/27/04) (Includes Sunday Sales) f. Wine License Permit Application Class B Express Mart, 3535 Marigold Drive (Renewal) (Expires 4/30/04) (Includes Sunday Sales) Target Store, 1501 E. San Marnan Drive (Renewal) (Expires 6/27/04) (Includes Sunday Sales) g. Liquor License Permit Application Class A Fraternal Order of Eagles, 202 E. First Street (Renewal) (Expires 6/30/04) (Includes Sunday Sale) gl. Liquor License Permit Application Class B Waterloo Holiday Inn Civic Center, Inc., 200 West 4th Street (Transfer to West 5th Street area between Wells Fargo Bank and Cedar River 5/30/03) h. Vehicle For Hire Business License Application Kips Yellow Cab, Inc., 110 West 14th Street i. Theater License Application Mini Cinema, 315 E. 4th Street Adult Emporium, 1507 LaPorte Road j. Fireworks Display Application Waterloo Jaycees Fireworks at 6th Street Bridge on July 5, 2003 k. Bonds. Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Greenwood. Motion carried. HEARINGS 118230 - Hurley/Welper that proof of publication of notice of public hearing on 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 vehicular use area, as published in the Waterloo Courier on May 6, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 118231 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Clark/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: Six. Absent: Greenwood. Motion carried. 118232 - Jordan/Clark that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 102 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 118233 - 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. • • • May 19, 2003 HEARINGS CONTINUED 118234 - Welper/Kincaid Page 3 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 102 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, 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. 4615 118235 - Jordan/Welper that proof of publication of notice of public hearing on the Sidewalk Inspection and Repair Program - Zone 3, as published in the Waterloo Courier on May 1, 2003, and May 8, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 118236 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Dennis Gentz, Assistant City Engineer, reported that residents have until June 20, 2003 to either get a permit or hire a contractor to get the permit, and the work must be completed by July 7, 2003. If the resident does not have a permit by June 20, 2003 and their sidewalk is not included in the Block Grant Program, the repairs will be included as part of the assessment program. The project is then let for bid and the sidewalks included in the assessment program are repaired by the contractor and the cost is assessed to the property. Councilperson Jordan asked if there is any way to enhance notification of the residents. Mr. Gentz responded that the city mails out a notice to the recorded owner of the property, and a notice is placed in the Courier. Councilperson Hurley reported that a resident in his ward has been notified he has a tripping hazard, and in requiring the repair to the sidewalk we may be creating a ponding hazard at the two adjoining panels. The homeowner feels the city is fixing one problem, but creating another problem. Mr. Gentz responded that staff took elevated pictures of the sidewalk and it appears it is a tripping hazard. Mr. Gentz stated the city will have to look at the ponding of water and offer to help with a plan for the homeowner. Hurley/Kincaid that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 118237 - Jordan/Welper that "Resolution authorizing proposed repairs to the sidewalks", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval of Mayor Pro Tem assigned No. 2003-338. UNFINISHED BUSINESS 118238 - Jordan/Clark that communication from Fire Chief transmitting recommendation to reject all bids in conjunction with Purchase of New Ambulance for Fire Rescue, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 118239 - Jordan/Clark that "Resolution setting new date of hearing as June 23, 2003, at 5:30 p.m. in the City Hall Council Chambers and taking of bids for the Purchase of New Ambulance for Fire Rescue", 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. 2003-339. May 19, 2003 Page 4 PETITIONS FROM PUBLIC 118240 - Hurley/Jordan that communication from City Planner transmitting request of Schenk Engineering on behalf of Joe Minard to rezone from "R-1" Residence District and "C-2" Commercial District to "R -1,R -P" Planned Residence District property generally located north of the University Avenue Hy -Vee and south of Acorn Lane for the purpose of residential development, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 16, 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 adopted and upon approval of Mayor Pro Tem assigned No. 2003-340. 118241 - Clark/Jordan that communication from City Planner transmitting request of Jack Nooren on behalf of Family Video to 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 for construction of a video store and small retail uses, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 9, 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 adopted and upon approval of Mayor Pro Tem assigned No. 2003-341. 118242 - Welper/Kincaid that communication from City Planner transmitting request of Toriel R. Wise to rezone from "R-2" Residential District to "C -2,C -Z" Conditional Zoning property generally located at 541 Albany Street for the purpose of establishing a commercial dog kennel, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 9, 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 adopted and upon approval of Mayor Pro Tem assigned No. 2003-342. DOCUMENTS 118243 - Hurley/Kincaid that communication from City Planner transmitting Final Plat of Nottingham Addition, together with report of City Engineer, Deed of Dedication, Certificate of Survey and Staff Report, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-343. 118244 - Clark/Jordan that communication from Associate Planner transmitting application for Obie Saddler, Jr. for tax exemptions on improvements totaling $11,100.00 for property located at 115 Mosley 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-344. 118245 - Clark/Jordan that communication from Associate Planner transmitting application for Hue Babcock for tax exemptions totaling $9,800.00 for property located at 705 Kirkwood Avenue 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-345. • • 110 Ma 19,2003 • MayPage 5 DOCUMENTS CONTINUED 118246 - Clark/Jordan that communication from Associate Planner transmitting application for James H. Smith for tax exemptions totaling $8,000.00 for property located at 1656 Howard Avenue 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-346. 118247 - Clark/Jordan that communication from Associate Planner transmitting application for John Proctor for tax exemptions totaling $89,000.00 for property located at 1306 Fulton Avenue 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-347. 118248 - Clark/Jordan that communication from Associate Planner transmitting application for Ghulam Ahmed for tax exemptions totaling $17,653.00 for property located at 1761 Independence Avenue 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-348. 118249 - Jordan/Hurley that communication from Building Official/Maintenance Administrator transmitting Change Order No. G-12 for no increase, Change Order No. G -13R for an increase in the amount of $27,199.00 and Change Order No. G-14 for a deduct in the amount of $11,200.00 for work to be performed by Prairie Construction Co. of Waterloo, Iowa, in conjunction with Renovation of Five Sullivan Brothers Convention Center be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. RESOLUTIONS TO BE ADOPTED 118250 - Clark/Jordan that "Resolution City Hall Council Obligation Bonds construction and improvements and publish notice of fixing date of hearing as May 27, 2003, at 5:30 p.m. in the Chambers on the issuance of not to exceed $1,100,000 General for an Essential Corporate purpose to pay costs for acquisition of sanitary sewer and wastewater treatment plant related facilities", be adopted and City Clerk instructed to same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-349. BILLS PAYMENT 118251 - Jordan that "Resolution approving Schedule AP640, pp. 1-78, dated May 19, 2003, in the amount of $2,249,736.33, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-350. May 19, 2003 Page 6 NEW BUSINESS 118252 - Welper/Kincaid that communication from City Planner transmitting request to amend Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to creating a new Rural Residential District, which would allow for development within the city limits where city services would not be available, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 9, 2003, at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to published notice of same. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley asked why the city needs this and will it help. Noel Anderson, City Planner, responded that staff would have recommended this rezoning for Bob Smith as it contains the same conditions as was approved for Mr. Smith. Mr. Anderson stated there are some areas in the city that will never be developed, and property owners will know up front that the property will never have infrastructure. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-351. 118253 - Hurley/Jordan that communication from City Planner transmitting request to amend Zoning Ordinance, Ordinance No. 2479, as amended, to allow two-family row dwellings in all residential districts in Part III, 2A-3(37), Part VII, 2A -11(A), and Part VIII, 2A -14(A), together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 16, 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 Pro Tem assigned No. 2003-352. ADJOURNMENT 118254 - Jordan/Clark that the Council adjourn at 6:11 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Q -111C Nancy Eckert City Clerk •