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HomeMy WebLinkAboutMinutes-04/19/2004• • April 19, 2004 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, April 19, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Dennis Bell, Superintendent of Central Garage. ORAL PRESENTATIONS 119729 - Charles Myles, a member of the UNITY Neighborhood Association, spoke regarding the manufactured homes being put in the neighborhoods. He asked when the homes were approved by council, who approved them and if the land is properly zoned. Mayor Hurley responded that it is proper use of "R-1" and "R-2" zoning, and they were approved by the council six months ago and also by the Planning, Programming and Zoning Commission. Mr. Myles stated he has heard the city is selling the lots for $500.00 and asked why he can't get one. Mr. Myles stated he heard 30 lots were purchased in January. Mr. Myles stated it seems like everyone wants to put junk on his side of town and that's not fair. Don Temeyer, Community Planning and Development Director, responded that Iowa state law prohibits the city from banning manufactured homes in Waterloo. Mr. Temeyer stated that Community Development is looking at infill lots, and this company is requesting funding but no decision has been made on that funding. Rodonna Parker, 624 Adams Street, stated this is substandard housing. The homes do not have basements and look like trailers without wheels. Ms. Parker stated she lives in a Wick home, which is built at the factory. They brought the house to the lot and put it on the lot on the dirt. Ms. Parker stated that some trees have been removed to make room for the trailers, and she is concerned when the dirt settles, the house will settle. Ms. Parker stated the homes appeal to people who are eligible for Section 8 houses. Ms. Parker commented if she had the money to buy a lot, she would put one of these homes on Olympic Drive. Ms. Parker stated they bought their lot about 20 years ago, and it took about two years to get a clear deed. Ms. Parker asked how are these people getting clear title so quickly and building right away. Ms. Parker stated she knows some of the lots have liens, and she knows a person willing to purchase a lot, but the city won't sell. Ms. Parker stated she is assuming some of the lots might have liens or have been bought at a tax sale. Ms. Parker stated these are just junk being put in an area the neighborhoods are trying to beautify and next to churches and pastors' homes. Ms. Parker reported she read in the newspaper that W.C. Stokes has a proposal for ten modular homes with basements and two -stall garages, which will be sold for $77,000 to $80,000, and they certainly sound better. Ms. Parker asked why wasn't this researched before the city let them into Waterloo. Ms. Parker challenged the council to ride by areas where the contractors are putting up these homes, and she thinks the council would not want the house next to them. Maxine Tisdale, 438 Cottage and President of the We Care Neighborhood Association, stated one of these homes is being put in her neighborhood, and they are trailer homes brought in two halves, and the first good storm will tear them down. Ms. Tisdale stated if they can bring these homes in, then she can put a trailer in her back yard and not have code enforcement come in trying to clean up the eastside. Mayor Hurley stated that this is a private business, and the surest way to stop them is no one buys them. If there is a demand, they will build more. Mayor Hurley stated the homes will be taxed at their appraised value. Theresa Mosley, President of Roosevelt Neighborhood Association, stated that the house in the 200 block of Gable Street used to be a garden. Next to the trailer is the home she has been trying to get torn down, and now they are putting a trailer next to this. Ms. Mosley asked who will buy that trailer when it is sitting on a vacant lot. Ms. Mosley stated she has been told these guys were buying vacant lots from the city, and she doesn't think that is fair, people think the city is not fair. Ms. Mosley asked who will pay $80,000 for a home that has been boarded up. They need to know what they are getting into. Ms. Mosley expressed concerns the home will sit there vacant, windows will get broken and kids playing on it will get hurt. Mayor Hurley responded that they need to ask the developers these questions as its market driven. Mayor Hurley stated he is having a meeting with the developers next week. April 19, 2004 Page 2 ORAL PRESENTATIONS CONTINUED Jim Allen, President of the Waterloo Chamber of Commerce, stated this is a good community to live in, with good schools, leisure, arts and theater, and health care. One thing people say is what are we going to do to serve our youth and seniors living in our city. They need good jobs and good housing. We just brought in Ferguson Enterprises, and John Deere told us several years ago they will have 1,500 jobs, all good pay jobs. What kind of homes can we have for them, as they cannot afford $200,000 homes. We need something affordable for them, and single family homes are not always the way to go. Mr. Allen noted that the young adults can't always afford housing because of the cost of maintenance and taxes is very hard for most young people. Mr. Allen stated that he believes our inventory is extremely low when it comes to rental property, and we do need multiple family housing development in this community. Mr. Allen stated rental housing is needed in our community, we need it very quickly, and its hard to find developers willing to do that. Welper/Gunderson that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 119730 - Welper/Gunderson that the Agenda, as proposed, for the Regular Session on Monday, April 19, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 119731 - Welper/Gunderson that the Minutes, as proposed, for the Regular Session on Monday, April 12, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley performed swearing in of Firefighters: Steven Heyerhoff, Jason Shoars, Theodore Schaffer, Joshua Powers and Nicholas Anderson. Mayor Hurley read a proclamation declaring April 18-24, 2004, as Make -A -Wish Week. Mayor Hurley read a proclamation declaring April 18-24, 2004, as National Volunteer Week. Mayor Hurley read a proclamation declaring April 24-30, 2004, as Arbor Week. Mike Massina presented a check in the amount of $500.00 from MidAmerican Energy for funding the Citizens Police Academy. Mike Massina presented a check in the amount of $2,626.00 from MidAmerican Energy for an Energy Efficiency Rebate in conjunction with lighting installed at the Five Sullivan Brothers Convention Center. Councilperson Carolyn Cole presented gifts to Mayor Hurley from VGM Auxiliary President and a check was made in the Mayor's name to Patriotic Acts Escrow Fund. CONSENT AGENDA 119732 - Kincaid/Cole that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Communication from City Engineer transmitting request of Richard Bishop for a waiver for a concrete driveway to be located at 4229 Suburban Drive, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-233. b. Motion to approve the following: 1. John Beckman, Police Captain, to attend FBI National Academy Associates Iowa Chapter Annual Training in Altoona, Iowa, on April 28- 30, 2004, with costs not to exceed $230.00, including use of city vehicle. • • April 19, 2004 • • Page 3 CONSENT AGENDA CONTINUED c. Beer License Permit Application Class B Waterloo Women's Softball Association, Park Road & Burton Avenue (Six Month -Expires 10/25/04) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Paulie's Place, 814 LaPorte Road (Renewal) (Expires 5/14/05) (Includes Sunday Sales) Expresso Cafe Oasis, 307 West 5th Street (New) (Expires 4/27/05) (Includes Sunday Sales) e. Outdoor Service Area Application Waterloo Women's Softball Association, Park Road & Burton Avenue f. Bonds. Ayes: Seven. Motion carried. HEARINGS AND BIDS 119733 - Schmitt/Gunderson that proof of publication of notice of public hearing on F.Y. 2004 Asphalt Overlay Program, Contract No. 676, as published in the Waterloo Courier on April 9, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119734 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Cole that the hearing be closed. Ayes: Seven. Motion carried. 119735 - Gunderson/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Asphalt Overlay Program, Contract No. 676", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-234. 119736 - Gunderson/Cole that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-235. 119737 - Kincaid/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid Aspro, Inc. & Subsidiaries, Waterloo, IA 5% $2,996,056.72 Ayes: Seven. Motion carried. HEARINGS 119738 - Schmitt/Cole that proof of publication of notice of public hearing on the Development Agreement with Ferguson Enterprises, Inc. to build a 608,800 square foot distribution center generally located westerly of the northwest corner of Independence Avenue and North Elk Run Road and southerly of Martin Luther King Jr. Drive, with the city making a grant for the purchase price estimated at $2,433,500.00 and $600,000.00 for grading the property, with 50 percent tax rebates for ten years, construction of a railroad spur if needed and various utility companies will bring sewer and water lines and all utilities to the site at no cost to the company, as published in the Waterloo Courier on April 13, 2004, be received and placed on file. Ayes: Seven. Motion carried. April 19, 2004 Page 4 HEARINGS CONTINUED 119739 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 119740 - Kincaid/Cole that "Resolution approving said Development Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-236. 119741 - Gunderson/Cole that proof of publication of notice of public hearing on request of Hawkeye Capitol Investments, L.L.C. to rezone from "R-2" Residential District and "C-2" Commercial District to "R-3" Residential District property generally located north of Greenhill Road and west of South Hackett Road for purpose of constructing multifamily apartments, as published in the Waterloo Courier on April 9, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119742 - This being the time and place of public hearing, the Mayor called for written and oral objections. Jill Schulz, 3625 University Avenue, spoke about the traffic leaving and entering McDonald's on University Avenue. Ms. Schulz stated if this rezoning is approved, traffic will back up and accidents will happen. Ms. Schulz stated Heartland Vineyard Church will soon be breaking ground for their new location, and when they move, their intent is to keep the current location as a youth center or sell it to another faith. Ms. Schulz stated that she lives on the north property line of the Tunis property, and that in 1993 the property was vacated for Osco, and they kept the property well maintained. Ms. Schulz stated she took pictures at that time and took pictures last week from her house to compare the property from then to now. Ms. Schulz stated nothing has been done to the property for 11 years, and there are holes in the ground and cement lying by her property. Ms. Schulz presented pictures to the council. Ms. Schulz stated if the owner had kept up the property, other contractors of single family homes and duplexes would have been favorable to building there. Now it will take a lot of work to do anything with the property. Bruce Hatfield, 912 Progress Avenue, stated University Avenue is so congested by McDonald's that when people try to leave from the north end it will be a problem, and they will got to the south. Harold Tuchel, 1040 Fleur Drive, stated he lost a house on 5`h Avenue, so he already lost one, and a lot of homes have been torn down. Mr. Tuchel stated people from the eastside stated tonight they have property they are unhappy with, and we are unhappy. Mr. Tuchel stated it is up to the council to make the decision, not the developers, as to what will be put in this area. Mr. Tuchel stated he would like to see more planning and not just rubber stamping for developers. Forest Dillavou, 1725 Huntington Road, stated that as the Courier reported, Huntington Road and Garden Avenue have had serious problems for ten years. Mr. Dillavou stated don't do it on the backs of the taxpayers, fix the sewer first. Barb Schafer, 831 Progress Avenue, asked what are the plans for a playground for this area and noted there is a park across from Greenhill Road. Ms. Schafer stated there already are problems with water on the land, particularly down further, and this needs to be addressed. Jim Ellis, representing Ament Engineering & Architects, reviewed the details of the development. Mr. Ellis reported the developers are proposing a 354 multi- unit apartment complex, with 102 two-bedroom units, and 252 one -bedroom units. Mr. Ellis stated that as for a playground, there is space internally in the complex for a playground and green space. Mr. Ellis stated there are five basic issues for any development: in and out access, traffic, storm and sanitary sewer, buffering and incentives/tax abatements. Mr. Ellis stated when they met with Planning and Zoning and Engineering staff, the incentives and tax abatement issues were not a discussion. Mr. Ellis reported they proposed a north access as the second access from University and one from Greenhill Road with right -in, right -out and no left turns. Mr. Ellis stated they performed traffic counts and provided the data to the Traffic Engineer who came back with some minor type improvements on University and possibly medians for Hobby Lobby • • April 19, 2004 • • HEARINGS CONTINUED Page 5 and McDonald's, and the developer agreed. On the south entrance, the Traffic Engineer recommended both left-hand turns into and out of the development and the developers agreed. Mr. Ellis reported as for storm sewers, Aments recommended retention basins on the site. The engineers recommended two detention basins, and the developers added a third retention basin to help retain storm water runoff. Mr. Ellis stated the developers are attempting to have a 100 year runoff on the site when the site asked for a ten year runoff. Mr. Ellis reported as for drainage, they are proposing three feet earthen berm against interior west side of the site that would also channel water from the site, and would detain water from the Hobby Lobby. There will be one foot drainage swell and three feet earthen berm. Mr. Ellis reported that as for sanitary sewer, the developers were requested to have a west and south system to move flow from development out to larger pipes and eventually to bigger system. Mr. Ellis stated the engineers agree with their calculations that it should not be a deterrent to the site. Mr. Ellis stated there has been a problem there for ten years, and the engineers agree this project should not increase that problem. Mr. Ellis reported there will be a buffer of plantings of three to five feet and a three foot earthen berm, and the developers would put in a fence if requested. Mr. Ellis stated that if the development is approved, they are looking at six months of site grading, putting in streets, utilities and parking area. Mr. Ellis stated the project will not be fully built for two years leaving ample time to address the sanitary sewer. Jim Higgins, 3507 Augusta Circle, stated that his business building is in this sewer area, and he would like to see the sewer fixed. Mr. Higgins stated that in 1985 the city asked for his home for the Interstate Project, and the land was used to build Greenhill Road. Mr. Higgins stated that this developer has been extremely patient, will use local contractors and has asked for no tax abatements. The traffic problem is solved, Greenhill Road was built to hold 20,000 vehicles per day and only 6,000 vehicles per day drive it now. Mr. Higgins stated the taxes will help pay for the sewer, and it appears there is a commitment to solve the sewer problem. Mr. Higgins stated the developers have addressed all other issues, such as traffic, berm and holding water on the site. Mr. Higgins stated the housing study shows we need new homes because we will have new jobs. Mr. Higgins urged the council to vote yes on this rezoning. Mr. Higgins stated if there are objections because he hasn't mowed the property, this will solve that problem. Mayor Hurley stated that the sewer problem has been around for some time. A study was done in December 2001 which recommended a couple of alternatives. Mayor Hurley stated he asked staff to look into and identify funds, and there is about $400,000 available from an EPA grant that can be used to start engineering design and purchase easements. Mayor Hurley reported he had a meeting with the Community Planning and Development Director, Superintendent of Waste Management Services, City Engineer, Chief Financial Officer and Bob Bamsey from Earth Tech, and after the meeting he sent out a letter indicating that the city will begin the process of implementing the 2001 recommendations from Earth Tech regarding sanitary sewer system improvements in the Garden Avenue and Ansborough Avenue vicinity. This process should be started immediately and accepted as a high priority of the Mayor's office. Mayor Hurley stated the proposed development at the Tunis Speedway property has brought the problem back to the forefront, but he is convinced it needs to be done regardless of the outcome of this project. Joe Vich, 1525 Olympic Drive, stated he was speaking as a member of the Housing Task Force. Mr. Vich explained the Task Force's goals and the need for housing. Mr. Vich stated the Task Force was formed, and they brought in a housing consultant. The study said there is a need for housing in our community because of these two factors: the aging of our community and their retirement and also retail development out by Crossroads. Mr. Vich stated this job growth requires infusion of people into our community. Mr. Vich stated the study used a goal setting of 250 units to be built annually, and the study suggested we would need 850 units by 2007. The study broke out the units by single family homes, apartments and senior housing, and they suggested 1,400 apartments by 2007. Mr. Vich stated there is a critical need for housing in our community. Jack Nooren, representing Hawkeye Capitol Investments and Jim Higgins, stated that Tunis Speedway was vacated 25 years ago. Mr. Nooren stated they started marketing this property in the Spring 2002, and by the fall a developer was interested in building 200 units. The developer found the property taxes were too high at that time because they were paying $600 and $800, and expected taxes for this development to be $2,300. This development moved on to Cedar Rapids, Dubuque and Mason City. Mr. Nooren stated they continued marketing the property, and found Hawkeye Capitol Investments four months ago. Mr. Nooren stated Hawkeye Capitol Investments has no intention of applying for a TIF, nor April 19, 2004 Page 6 HEARINGS CONTINUED are they asking for incentives, and they are not going to making it low-income property. Mr. Nooren stated the total estimated taxes for this development is $750,000 per year. Mr. Nooren stated he has sold many apartment buildings over the years, and the rental housing stock in Waterloo is about 25 years old, except by the college. Mr. Nooren stated the developers are not looking for incentives or tax abatement and have a viable project. Mr. Nooren stated he was part of the Housing Task Force and reminded the council of Deere's need for housing. Rick Young stated Young Plumbing & Heating is an immediate neighbor to the east, and they have no objections. Mr. Young stated this property has been for sale for a long time. Mr. Young stated that we could probably get about 100 single family homes in that area. Mr. Young stated that apartments are taxed at 100 percent of the assessed value while a homeowner pays 50 percent of the assessed value with the rollback. Mr. Young stated you would have to have 100 homes each valued at $500,000 to equal the taxes the apartments will bring in. Mr. Young stated the project will bring in more money to help fix the sewer. Mr. Young stated the city would have a hard time finding a developer to put in single family homes in this area. Mr. Young stated there is commercial property and others along Greenhill Road, and he recommended the council look at the services, fix the sewer and approve this project. Hugh Field, attorney for Jim Higgins, reminded the council that four or five years ago Mike Triplett said we needed to look at housing or John Deere would not be willing to fix their buildings and hire 1,500 new employees. Mr. Field stated we have improved the airport and for entertainment we are looking at the Vision Iowa grant for the Downtown Renaissance Plan. Mr. Field stated that at that time Deere indicated housing was a critical issue, and it continues to be a critical need. Deere also said the city needed to have a more business friendly approach to deal with development. Mr. Field stated he spent six years as the city attorney and sat through a lot of zoning issues, and there is nothing more discomforting than having changes in your home and neighborhood. Mr. Field stated he appreciates their feelings, but that is the nature of life and leadership. Mr. Field stated leadership is bringing about change, and it is important the council lead the citizens and make them understand where the city is going and that the council will take care of them. Most of the concerns are about change. Mr. Field stated that Greenhill Road is four lanes and underused, and that University Avenue is six lanes and underused. Mr. Field stated that as for surface water, Don Temeyer and Eric Thorson will make sure there is no surface water. Mr. Field stated that sanitary sewer was an issue when he was city attorney. Mr. Field stated the step the city is taking today will make a net affect of $700,000 in taxes and $40,000 to $50,000 sewer revenue and the ability to take care of the problem. Mr. Field stated he is impressed with how the developers worked to met the needs of the city and neighbors. Mr. Field urged the council to vote in favor of this rezoning request. Forest Dillavou stated that in the engineering study the water going into their basements is not calculated. Mr. Dillavou stated that when Mayor Rooff came in office he said he would take care of the problem, but there was no money. Mr. Dillavou asked the council not to put them through another decade of sewer water in their basements. Moved by Welper that this issue be tabled. Councilperson Welper stated he is uncomfortable about making a decision with the sewer issue, and he feels we need to get answers before we move forward. Mr. Field stated this project requires action and a decision on it tonight if the project is to proceed. Councilperson Schmitt stated he believes it is an excellent project and commends the neighbors and staff, but he feels we need to see some work on the sewer before the council approves this project. Dennis Juel, 3509 Sager Avenue, stated that he feels putting an exit on Greenhill Road will make it worse. Mr. Juel stated there is a need for single family homes and apartments, but not at this location. Mr. Juel suggested the apartments be put next to Youngs and let him have the traffic. Mr. Juel stated this project will put kids' lives at risk. The above motion to table was seconded by Schmitt. Ayes: Two. Nays: Kincaid, Cole, Greenwood, Clark, Gunderson. Motion failed. • • • i April 19, 2004 Page 7 HEARINGS CONTINUED 119743 - Mr. Ellis stated that the developers have satisfied all the concerns of the neighbors and the departments are satisfied. Councilperson Cole stated this is a difficult decision because we are weighing property taxes versus downhill sewage issue. Councilperson Cole stated the Traffic Engineer made suggestions that will work, the developers have jumped through hoops and are not asking for anything. Councilperson Cole stated it is time to make a decision, and she will support this rezoning. Councilperson Gunderson stated he has received lots of calls, and he agrees we need to move on. Councilperson Gunderson stated the sewer issue was a major objection up to today when he received Mayor Hurley's memo. Councilperson Gunderson stated citizens need to take some responsibility because their sump pumps go into the sewer system. Councilperson Gunderson stated the city needs to move forward, it's a good project and will work for the city, and we have been told we need housing. Councilperson Gunderson stated that because of today's memo from Mayor Hurley and Earth Tech's summary in 2001, he will approve this request. Bob Bamsey stated that basically it is from the Garden Avenue lift station across Black Hawk Creek and connected at Byrnes Park. Mr. Bamsey stated that it would take approval of the Department of Natural Resources, 90 days for design, and could have constructed in one year. Mr. Bamsey reported that in 2001 the estimated cost was $1.4 million. Councilperson Clark stated that this is a win/win situation for the neighbors and the city as the land has sat empty for a long time, the additional sewer fees from the apartment complex will help fix the sewer problem and we will help our housing needs. Councilperson Kincaid stated that if we can fix the sewer problem for the citizens who have suffered all these years, he will support this project. Mayor Hurley stated this project will not make things worse, that his sewer plan will make it better, but it won't solve it. That will take comprehensive work. Mayor Hurley stated the Garden Avenue/Ansborough Avenue sewer problem is what we are looking at, and it will require a way to get the residents and homeowners who have tiles tied into the sanitary sewer to help. Greenwood/Gunderson that the petition of opposition representing over 20 percent of property owners within 250 feet of the area requested for rezoning, letters of opposition and support be received and placed on file. Ayes: Seven. Motion carried. 119744 - Welper/Cole 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. 119745 - Welper/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 355 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Schmitt. Motion carried. 119746 - Clark/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Schmitt. Motion carried. 119747 - Cole/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 355 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Nays: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4686. April 19, 2004 Page 8 PETITIONS FROM PUBLIC 119748 - Greenwood/Kincaid that communication from Associate Engineer transmitting request of Peterson Contractors, Inc. for a variance to the Noise Ordinance on April 20, 2004, to December 31, 2004, in conjunction with 18th Street Bridge and Approach Roadway, BRM -8155(650)-8N-07, Contract No. 622, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-237. REPORTS 119749 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting Street Lighting Policy, be received, placed on file and "Resolution approving said policy", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-238. DOCUMENTS 119750 - Schmitt/Gunderson that communication from City Planner transmitting Final Plat of Brock Addition, together with staff report, Report of the City Engineer, Deed of Dedication and Certificate of Survey and legal description, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-239. 119751 Clark/Kincaid that communication from Associate Planner transmitting request of James and Valerie Teisinger for tax exemptions on improvements totaling $140,000.00 for property located at 1709 Butler Avenue in the Consolidated Urban Renewal 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 of Mayor assigned No. 2004-240. 119752 - Clark/Kincaid that communication from Associate Planner transmitting request of Walt Tournier for tax exemptions on improvements totaling $125,000.00 for property located at 747 W. Donald Street in the Consolidated Urban Renewal 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 of Mayor assigned No. 2004-241. 119753 - Clark/Kincaid that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $68,468.30 from Cedar Valley Corporation of Waterloo, Iowa, in conjunction with F.Y. 2003 Intersection Improvements for Franklin Street/E. 1st Street and Franklin Street/E. 5th Street, Contract No. 670, 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. 2004-242. 119754 - Clark/Kincaid that communication from Police Chief transmitting 5 -year agreement with National Cattle Congress to lease Barn No. 10, with the Police Department to provide a maximum of $7,000.00 of security services per year, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-243. • • • April 19, 2004 Page 9 DOCUMENTS CONTINUED 119755 - Clark/Kincaid that communication from Police Chief transmitting grant from the Governor's Office of Drug Control Policy to support a new Methamphetamine Clandestine Laboratory Task Force in Eastern Iowa to include funding for one new police officer's salary, equipment, operating expenses, overtime and training, be received, placed on file and "Resolution approving said grant", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-244. 119756 - Welper/Gunderson that communication from Police Chief transmitting 28E Agreement for Tobacco Enforcement with the Iowa Alcoholic Beverages Division for the purpose of policing youth smoking during My Waterloo Days, June 3-6, 2004, be received, placed on file and "Resolution approving said 28E Agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-245 119757 - Clark/Kincaid that communication from Leisure Services Director transmitting an application for NFL Local Agency grant with the National Recreation and Park Association in the amount of $4,800.00, with a local match of $4,800.00, for the purchase of bleachers to be used in the NFL Flag Football Program, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-246. RESOLUTIONS TO BE ADOPTED 119758 - Gunderson/Greenwood that "Resolution allocating $5,000.00 discretionary hotel/motel funds to be used for promotion of the airport terminal dedication and additional jet services", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-247. 119759 - Cole/Schmitt that "Resolution authorizing the City Clerk to certify against certain parcels unpaid mowing and lot cleanup fees", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-248. ORDINANCES TO BE ADOPTED 119760 - Greenwood/Cole that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Paragraph A, Fees Established, of Section 4-3-6, Fees for Services, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Paragraph A, Fees Established, of Section 4-3-6, Fees for Services, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety (updating fees to include garbage, yardwaste, recyclables and bulk items)", be received, placed on filed, considered and passed for the first time. Ayes: Seven. Motion carried. 119761 - Gunderson/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119762 - Schmitt/Cole that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Paragraph A, Fees Established, of Section 4-3-6, Fees for Services, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Paragraph A, Fees Established, of Section 4-3-6, Fees for Services, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety (updating fees to include garbage, yardwaste, recyclables and bulk items)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4687. i April 19, 2004 Page 10 BILLS PAYMENT 119763 - Greenwood/Gunderson that "Resolution approving Schedule AP640, pp. 1-82, dated April 19, 2004, in the amount of $1,866,273.29, 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. 2004-249. NEW BUSINESS 119764 - Gunderson/Cole that the Leisure Services Director be instructed to prepare plans, specifications, form of contract, etc. in conjunction with Sulentic Park Playground Equipment Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 119765 - Cole/Schmitt that plans, specifications, form of contract, etc. in conjunction with Sulentic Park Playground Equipment Project, be received and placed on file. Ayes: Seven. Motion carried. 119766 - Schmitt/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-250. 119767 - Gunderson/Welper that "Resolution setting date of hearing on plans, specifications, form of contract as May 3, 2004, at 5:30 p.m. in the City Hall Council Chambers", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-251. 119768 - Cole/Greenwood that communication from City Planner transmitting request to rezone from "U-1" Unclassified District to "M -2,P" Planned Industrial District property generally located north of Ridgeway Avenue and west of Martin Road and rescinding Ordinance No. 3682 due to an error in the legal description, be received, placed on file and "Resolution setting date of hearing as May 3, 2004, at 5:30 p.m. in the City Hall Council Chambers", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-252. ADJOURNMENT 119769 - Gunderson/Greenwood that the Council adjourn at 7:30 p.m. Ayes: Seven. Motion carried. Nancy 'Eckert City Clerk • •