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HomeMy WebLinkAboutMinutes-10/13/2003• October 13, 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, October 13, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Michelle Weidner, Chief Financial Officer. Pledge of Allegiance: Councilperson Scott Jordan. 118958 - Jordan/Welper that the Agenda, as proposed, for the Regular Session on Monday, October 13, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118959 - Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, October 6, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring November 11, 2003, as Philanthropy Day. Mayor Rooff read a proclamation declaring October 15, 2003, as White Cane Safety Day. Mayor Rooff read a proclamation declaring October 2003 as National Disabilities Awareness Month. Mayor Rooff congratulated Councilpersons John Kincaid and Harold Getty on their induction into East High School's 2003 Hall of Fame. CONSENT AGENDA 118960 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. John Kehoe, Chief Electrical Inspector, to attend IAEI Iowa Chapter Fall Educational and Business meeting in Sheldon, Iowa, on October 23- 24, 2003, with costs not to exceed $150.00, including use of a city vehicle. 2. Sue Halms, Police Sergeant, and Lisa Campbell, Police Officer, to attend National Association of Field Training Officers annual conference in Des Moines, Iowa, on November 13-14, 2003, with costs not to exceed $445.00, including use of city vehicle. 3. David Keidel, Manager of Rehabilitation Services, to attend recertification in Heating, Ventilation and Air Conditioning class in Waterloo, Iowa, on October 23-24, 2003, with costs not to exceed $125.00, including use of city vehicle. 4. Sherry Thomas, Rehabilitation Specialist, to attend recertification of Sampling Technician class in Waterloo, Iowa, on October 22, 2003, with costs not to exceed $150.00, including use of city vehicle. 5. Mohammad Elahi, Traffic Engineer, to attend Managing High Technology Projects course in Omaha, Nebraska, on October 21-23, 2003, with costs not to exceed $300.00, including use of city vehicle. 6. Fire Department Instructors to teach Haz Mat Tech Recertification classes in Marshalltown, Iowa, on October 15-17, 2003, with costs not to exceed $360.00. 7. Joseph Leibold and Robert Hewitt, Police Officers, to attend Advanced Homicide Investigations Course in Johnston, Iowa, on October 28-31, 2003, with costs not to exceed $827.00, including use of city vehicle. 8. Walter Reed, Human Rights Executive Director, to attend 56th Annual National Human Rights Workers Conference in Houston, Texas, on October 25-30, 2003, with costs not to exceed $1,424.55. 9. Lee Tolbert and Craig White, Members of Human Rights Commission, to attend 56th Annual National Human Rights Workers Conference in Houston, Texas, on October 25-30, 2003, with costs not to exceed $2,749.10. October 13, 2003 Page 2 CONSENT AGENDA CONTINUED 10. Lisa Campbell, Police Officer, to attend Basic Armorer Course in Smyrna, Georgia, on October 26 -November 1, 2003, with costs not to exceed $1,385.00, including the use of city vehicle. 11. Nancy Gulick, Community Development Director, and Dave Keidel, Manager of Rehabilitation Services, to attend HUD Office of Healthy Homes and Lead Hazard Control Grantee Orientation in Washington, DC, on October 27-30, 2003, with costs not to exceed $1,195.00 each. b. Resolutions to approve the following: 1. Communication from City Clerk transmitting request of Vern Fish, Nature Center Director, for an exception to the burning of yard waste to burn prairie grass located within Hartman Reserve Nature Center from October through early November, together with recommendation of approval of the Leisure Services Director, Fire Chief and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2003-689. c. Beer License Permit Application Class B Black Hawk Tennis Club, 1005 Black Hawk Road (Renewal) (Expires 10/31/04) (Includes Sunday Sales) d. Beer/Wine License Permit Application Special Class C Highway 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 11/04/04) e. Beer/Liquor License Permit Application Class C Night Gallery, 708 Jefferson Street (Renewal) (Expires 10/15/04) f. Outdoor Service Area Application Black Hawk Tennis Club, 1005 Black Hawk Road (11/01/03 - 10/31/04) g. Pawnbroker's License Application Robin's Surplus and Pawn, 110 East 4th Street h. Cigarette Permit Application Shad's Place, 110 E. 11th Street MS Petroleum, Inc., 2100 Lafayette Road Pack Em Inn, Inc., 201 Rath Street Jet Tavern, 453 W. Parker Street Smitty's Bar, 709 Jefferson Street Viper Entertainment, Inc., 319 Jefferson Street Prime Mart, 3535 Marigold Drive Lafayette Liquor, 1309 Lafayette Street Pat's Tap, 303 W. 4th Street Mustang Bar, 1927 Jefferson Street JMS Waterloo, Inc., 1008 LaPorte Road Prior to a vote on the above motion, the following comments were heard. Walter Reed, Executive Director of Human Rights Commission, explained that the two travel requests are for himself and two Human Rights Commissioners to attend the 56th Annual National Human Rights Conference in Houston, Texas. Mr. Reed's travel expenses will paid with HUD funds, and the travel expenses for the two Human Rights Commissioners will paid with General Fund funds. Mr. Reed stated that we have a responsibility to train the commissioners because they make decisions on housing and discrimination. Following comments a vote was taken on the above motion, with the following result. Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. • October 13, 2003 HEARINGS 118961 - Clark/Jordan Page 3 that proof of publication of notice of public hearing on request of Lockard Development on behalf of property owners to rezone from "A-1" Agricultural District to "R -4,R -P" Multiple Residence District, "C -P" Planned Commercial District and "B -P" Business Park District property generally described as West 4th Street to Kimball Avenue north of Highway 20 and Ansborough Avenue to Kimball Avenue 1,1 mile south of Highway 20, as published in the Waterloo Courier on October 1, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118962 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported that letters supporting the proposal as approved by the Planning, Programming and Zoning Commission have been received from Milton Roth, Craig and Kendra Puetz, and Joan Pecenka-Roth, and Connie Paul telephoned her support of the commission's recommendation. Mayor Rooff read the letters into the record. Maxine Barrows, 749 Excelsior Lane, submitted a petition from residents of the area south of Olympic and north of San Marnan from Ansborough to Kimball containing 104 names regarding the zoning. The petition states that those signing the petition support economic development in the City of Waterloo and petition the council to approve the rezoning plan for the area generally described as W. 4th Street to Kimball Avenue, south of San Marnan Drive and north of Highway 20 as already approved by the Planning, Programming and Zoning Commission on September 9, 2003. Ms. Barrows submitted another petition from residents of the area south of Olympic and north of San Marnan from Ansborough to Kimball containing 97 names regarding the resurfacing of the north side of San Marnan. The residents are petitioning the council to immediately address and plan for the asphalt resurfacing of the north side of San Marnan from Kimball to Ansborough to decrease the amount of vehicular noise for residents in the area. Ms. Barrows stated that 9 restaurants, 2 car washes, 3 financial services, 4 real estate, 2 insurance companies, 11 medical services, 4 banks, 2 Quick Shop/Gas Stations, 1 grocery store, 2 hair solons, 2 dry cleaners and 14 retail outlets are support businesses currently located within one-fourth a mile of the propose San Marnan zoning. Ms. Barrows read a prepared statement and listed reasons for the citizens' opposition to Mr. Lockard's request. Ms. Barrows requested that all residents get notified as commercial development occurs and site plans are approved. Ms. Barrows asked the council to vote in favor of the Planning, Programming and Zoning Commission's recommendation of September 9, 2003. Mayor Rooff read a letter from Ken Lockard dated October 13, 2003 requesting that the council table the San Marnan rezoning request indefinitely. Getty/Jordan that the hearing be closed and recommendation of the Planning, Programming and Zoning Commission to remove the two easterly "C -P" designations along San Marnan Drive, the petitions and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 118963 - Fred Debe asked that the council reopen the hearing as he would like the council to continue the hearing rather than close the hearing. Hurley/Welper that the hearing be reopened. Ayes: Seven. Motion carried. 118964 - Mr. Debe stated that he would like the council to table the hearing and continue the hearing at a later date. Mr. Debe reported that they will contact all the petitioners and bring back a recommendation to the council. Getty/Jordan that the above oral comments be received and placed on file. Prior to a vote on the above motion, the following comments were heard. October 13, 2003 Page 4 HEARINGS CONTINUED Mr. Debe stated that they will not go back to the Planning, Programming and Zoning Commission, but will continue to talk with the council and residents and bring back this request at a later date. Ms. Barrows stated that more than the residents and developers should meet. Mayor Rooff stated that more people can be invited to attend, but all the residents should hear the information. Don Temeyer, Community Planning and Development Director, stated that his office will send letters to everyone on San Marnan Drive. Mayor Rooff stated that it is his understanding that a lot of people need to have input. The petitioner is going to show how the development will impact the neighborhood. Ms. Barrows stated that residents beyond San Marnan should be notified of the meeting. Mayor Rooff stated that we will make sure everyone on the petition will get notification. Mayor Rooff stated the city needs development, but we want to make sure all the residents are involved. Mr. Temeyer reported that the request is for three commercial designations, the Planning, Programming and Zoning Commission recommended one commercial designation. The council could override the Planning, Programming and Zoning Commission's recommendation with a i vote or accept the commission's recommendation with a simple majority vote. Mr. Debe stated this is an important project, and he feels we should take time to discuss it. Craig Puetz, 735 Excelsior Lane, reiterated that there are three issues to look at. The Planning, Programming and Zoning Commission's recommendation of one commercial designation, the petitioners with three commercial designations or deny completely. Mr. Puetz stated that any changes to the request would have to go back to the Planning, Programming and Zoning Commission. Mr. Puetz stated he would like to restart the process as we need a third proposal to take back to the Planning, Programming and Zoning Commission. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 118965 - Clark/Jordan that the hearing be tabled indefinitely. Ayes: Seven. Motion carried. 118966 - Jordan/Hurley that proof of publication of notice of public hearing on request of Young Development to vacate, sell and convey Parcel C of Winghaven Drive as platted in the First Addition to Klingaman Knolls Addition for $1.00, as published in the Waterloo Courier on September 30, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118967 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 118968 - Jordan/Getty that "an Ordinance vacating Parcel C of Winghaven Drive as platted in the First Addition to Klingaman Knolls Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118969 - Getty/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118970 - Welper/Greenwood that "an Ordinance vacating Parcel C of Winghaven Drive as platted in the First Addition to Klingaman Knolls Addition", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4651. • • Pr October 13, 2003 • • HEARINGS CONTINUED 118971 - Welper/Kincaid Page 5 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 assigned No. 2003-690. 118972 - Hurley/Jordan that proof of publication of notice of public hearing on request of Jay Trevor, owner of Roosevelt Housing Partners, L.P., to rezone from "R-2" One and Two Family Residence to "R -4",R -P" Planned Multiple Residence District property generally located at 200 East Arlington Street for the purpose of creating a 21 -unit multifamily senior apartment complex, as published in the Waterloo Courier on September 30, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118973 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Quentin Hart asked how this will affect property values in the area. Mayor Rooff responded that is hard to say, but it should help the values rather than an empty lot. Don Temeyer, Community Planning and Development Director, stated we would need to ask an appraiser that question, but it has been the city's experience that elderly housing is a positive for neighbors. Mr. Temeyer stated that the rezoning restricts the developer to senior housing, no apartments, and Mr. Trevor will apply for tax credits from the State of Iowa. Mr. Temeyer stated that if the deal falls apart for Mr. Trevor, the city would rezone the property back. Councilperson Getty stated he has a problem rezoning the property when Mr. Trevor does not own the property yet and the Waterloo Schools is still the active owner. Councilperson Welper suggested that the property could be divided into 20 lots for houses because that would be better for the city's tax base rather than just an elderly complex. Mayor Rooff responded that it probably would be better, but finding someone to demolish the school and build homes is another matter. Councilperson Welper suggested that Black Hawk County Habitat for Humanity or Operation Threshold may be interested in the property to build homes. Councilperson Getty stated that it is up to the Waterloo Schools to sell the property as it is not the city's to sell. Councilperson Welper suggested that Community Development Block Grant funds could be used to demolish the building. Jordan/Getty that oral comments be received and placed on file and the hearing be continued to October 20, 2003. Ayes: Seven. Motion carried. DOCUMENTS 118974 - Getty/Welper that communication from Associate Planner transmitting request of David Damm for tax exemptions on improvements totaling $90,000.00 for property located at 235 Lewis 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 adopted and upon approval by Mayor assigned No. 2003-691. 118975 - Getty/Welper that communication from Assistant City Engineer transmitting Construction Plans for paving of Granger's Second Addition Pheasant Lane (Brookeridge Drive north to cul-de-sac), as submitted by Schenk Engineering Company of Waterloo, Iowa, be received, placed on file and "Resolution approving said plans", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-692. October 13, 2003 Page 6 DOCUMENTS CONTINUED 118976 - Getty/Welper that communication from Assistant City Engineer transmitting Construction Plans for sanitary sewer, storm sewer and paving serving Audubon Heights Third Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, and Sewage Treatment Agreement with the Department of Natural Resources be received, placed on file and 'Resolution approving said plans and agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-693. BILLS PAYMENT 118977 - Jordan/Greenwood that "Resolution approving Schedule AP640, pp. 1-89, dated October 13, 2003, in the amount of $1,555,000.17, 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. 2003-694. NEW BUSINESS 118978 - Hurley/Getty that communication from General Manager of the Waterloo Water Works transmitting request to certify the amount of $1,140.37 for work performed by the Water Works at 302 Fowler Street, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-695. 118979 - Hurley/Getty that communication from General Manager of the Waterloo Water Works transmitting request to certify the amount of $892.25 for work performed by the Water Works at 1512 Jefferson Street, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-696. 118980 - Hurley/Getty that communication from General Manager of the Waterloo Water Works transmitting request to certify the amount of $569.54 for work performed by the Water Works at 246 Western Avenue, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-697. 118981 - Clark/Jordan that the Council adjourn to Executive Session at 6:25 p.m. Ayes: Seven. Motion carried. EXECUTIVE SESSION Dave Zellhoefer, Assistant City Attorney, stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2003). 118982 - Getty/Welper that the Council adjourn Executive Session at 6:40 p.m. Ayes: Seven. Motion carried. • • October 13, 2003 NEW BUSINESS CONTINUED 118983 - Getty/Welper Page 7 that city staff be authorized to proceed with negotiations with property owners for acquisition of property for the Iowa Brownfields Project and 18th Street Bridge Project. Ayes: Seven. Motion carried. ADJOURNMENT 118984 - Jordan/Welper that the Council adjourn at 6:42 p.m Ayes: Seven. Motion carried. 142.41; Nancy Eckert City Clerk