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HomeMy WebLinkAboutMinutes-08/09/2004• • August 9, 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, August 9, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson. Absent: Welper. Moment of Silence. Pledge of Allegiance: John Beckman, Police Captain. 120240 - Gunderson/Kincaid that the Agenda, as amended to add Item ld, for the Regular Session on Monday, August 9, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Welper. Motion carried. 120241 - Gunderson/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, August 2, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Welper. Motion carried. CONSENT AGENDA 120242 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-66, dated August 9, 2004, in the amount of $1,950,260.47, a copy of which is on file in the City Clerk's office, together with recommendation; of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2004-519. 2. Communication from City Clerk transmitting request of Nancy Scoggins Rose for a variance to the Noise Ordinance on ;August 28, 2004, from Noon until 10:00 p.m. in conjunction with a wedding reception to be held at 3027 Ansborough Avenue, together with recommendation of approval of the Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2004-520. 3. Communication from Police Captain transmitting request of Cedar Valley Pro Fitness and Martial Arts to hold 4K walk/run and 8K road/race on August 14, 2004, starting at 8:00 a.m. to raise ,money for the National MS Society, with route beginning on Black Hawk Road, right onto Katoski Drive, right on Huntington Road, back to Cedar Valley Pro Fitness on Black Hawk Road. Resolution adopted and upon approval by Mayor assigned No. 2004-521. b. Motion to approve the following: 1. Leslie Grundy, Secretary/Receptionist, to attend Skillpath Seminars Conference for Women in Des Moines, Iowa, on September 27, 2004, with costs not to exceed $159.00, including use of city vehicle. 2. Connie Smith, Secretary/Receptionist, to attend Skillpath Seminars Conference for Women in Des Moines, Iowa, on September 27, 2004, with costs not to exceed $159.00, including use of city vehicle. c. Bonds. d. Fireworks Display Application Waterloo Bucks Baseball, Riverfront Stadium on August 9, 2004 Ayes: Six. Absent: Welper. Motion carried. August 9, 2004 Page 2 HEARINGS 120243 - Gunderson/Schmitt that proof of publication of notice of public hearing on Amendment No. 1 to the Martin Road Development Plan, as published in the Waterloo Courier on July 27, 2004, be received and placed on file. Ayes: Six. Absent: Welper. Motion carried. 120244 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Kincaid 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: Welper. Motion carried. 120245 - Gunderson/Kincaid that "Resolution determining an area of the city to be a blighted and economic development area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an Urban Renewal Project; and adopting Amendment No. 1 to the Martin Road Development Plan", be adopted. Ayes: Six. Absent: Welper. Resolution adopted and upon approval by Mayor assigned No. 2004-522. 120246 - Gunderson/Schmitt that "an Ordinance adopting Amendment No. 1 to the Martin Road Development Plan and amending Ordinance No. 3749 to provide that general property taxes levied and collected each year on all property located within the Martin Road Development Plan Area of the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Martin Road Development Plan Area", 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. Don Temeyer, Community Planning and Development Director, stated that the city has had the Martin Road Urban Renewal Area since about 1996. The area included mostly property located north of Ridgeway Avenue along Martin Road. This area adds the vacate property and Greyhound Park area and does not in itself add any projects. Each individual project will have a development agreement and a hearing before the council in the future if anything is ever actually used as a part of the Martin Road Urban Renewal Area. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Welper. Motion carried. 120247 - Gunderson/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Welper. Motion carried. 120248 - Gunderson/Schmitt that "an Ordinance adopting Amendment No. 1 to the Martin Road Development Plan and amending Ordinance No. 3749 to provide that general property taxes levied and collected each year on all property located within the Martin Road Development Plan Area of the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Martin Road Development Plan Area", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Welper. Ordinance adopted and upon approval by Mayor assigned No. 4708. • • August 9, 2004 • • HEARINGS CONTINUED 120249 - Schmitt/Cole Page 3 that proof of publication of notice of public hearing on aimendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to list of districts, creation of provision for the zoning of vacated right-of-way, maximum lot coverage in "R-1" District and maximum height limitation in the "C-1" District, as published in the Waterloo Courier on July 26, 2004, be received and placed on file. Ayes: Six. Absent: Welper. Motion carried. 120250 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Schmitt that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Welper. Motion carried. 120251 - Schmitt/Cole that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to list of districts, creation of provision for the zoning of vacated right-of-way, maximum lot coverage in "R-1" District and maximum height limitation in the "C-1" District", 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. Don Temeyer, Community Planning and Development Director, reported this ordinance is mostly a housing keeping measure to add additional sections as the city changes ordinances. For example, we added the "C -P" Planned Commercial District part of the ordinance, but we did not add it in the list of districts. It also adds some parts that didn't have height restrictions in the "C-1" Districts, which are the same as we use for the "R-4" Districts. It talks about the maximum lot coverage in "R-1" Districts. In "R-2" Districts it is 35 percent, so we also added that to the "R-1" District. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Welper. Motion carried. 120252 - Schmitt/Cole that rules requiring ordinances to be considered and vc$ted for passage at two prior meetings be suspended. Ayes: Six. Absent: Welper. Motion carried. 120253 - Schmitt/Cole that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to list of districts, creation of provision for the zoning of vacated right-of-way, maximum lot coverage in "R-1" District and maximum height limitation in the "C-1" District", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Welper. Ordinance adopted and upon approval by Mayor assigned No. 4709. 120254 - Kincaid/Schmitt that proof of publication of notice of public hearing ori amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to elimination of 2 -acre minimum tract size for "R -P" Planned Residence District within the consolidated urban revitalization or enterprise zone areas, as published in the Waterloo Courier on July 26, 2004, be received and placed on file. Ayes: Six. Absent: Welper. Motion carried. 120255 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placOd on file. Ayes: Six. Absent: Welper. Motion carried. August 9, 2004 HEARINGS CONTINUED 120256 - Greenwood/Kincaid Page 4 that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to elimination of 2 -acre minimum tract size for "R -P" Planned Residence District within the consolidated urban revitalization or enterprise zone areas", 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. Don Temeyer, Community Planning and Development Director, stated that this is in the "R -P" Planned Residence District which allows more dense development in the city, and we adopted this ordinance in 1969. The City of Waterloo was created in 1850 and the first zoning ordinance was not added until 1947. Some of the older parts of the city, such as the Urban Revitalization Area and Urban Enterprise Zone, cannot come up with two acres, so it is an arbitrary number we came up with established in 1969. It works real well on the edge of the community where you can get two, ten or twenty acres of land. This allows use of the Planned Residence District options for new urban renewal type development a little higher density. It does require the developer to come before the neighborhoods and the city council to propose a development. We are trying to recreate what we had in the older parts of city. Doesn't preclude us from doing what we already have on the edge of the community. It is difficult in older parts of the community to come up with two acres as it normally is a whole block. In older parts of community it is difficult to acquire all the property in a whole block. The city is trying to get infill development in older parts of the community. Mayor Hurley asked if this would work if the entire city were a CURA zone. Mr. Temeyer responded we are just starting with this, and we may want to eliminate this restriction over the whole community in the future. This will get us started and hopefully give people an incentive to come back to the older parts of the community. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Welper. Motion carried. 120257 - Greenwood/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Welper. Motion carried. 120258 - Greenwood/Kincaid that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to elimination of 2 -acre minimum tract size for "R -P" Planned Residence District within the consolidated urban revitalization or enterprise zone areas", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Welper. Ordinance adopted and upon approval by Mayor assigned No. 4710. UNFINISHED BUSINESS 120259 - Gunderson/Schmitt that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $20,499.57 to B & B Builders & Supply of Waterloo, Iowa, in conjunction with F.Y. 2005 Sidewalk Repair Block Grant Program - Zone 4, Contract No. 678, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Welper. Resolution adopted and upon approval by Mayor assigned No. 2004-523. PETITIONS FROM PUBLIC 120260 - Cole/Schmitt that communication from City Planner transmitting request of Schenk Engineering on behalf of Cedar Valley Medical for a site plan amendment to the "R -P" Planned Residence District and "C -P" Planned Commercial District for property generally located just west of the Lincoln Savings Bank at 242 Tower Park Drive for development of a medical imaging office facility, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 23, 2004, 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: Welper. Resolution adopt,nd upon approval by Mayor assid No. 2004-524. • August 9, 2004 REPORTS 120261 - Gunderson/Schmitt Page 5 that communication from City Planner transmitting Sale df Property Policy be received, placed on file and "Resolution approving said policy", be adopted. Ayes: Four. Nays: Greenwood, Clark. Absent: Welper Resolution adopted and upon approval by Mayor assigned No 2004-525. DOCUMENTS 120262 - Clark/Gunderson that communication from Associate Planner transmitting request of Gina Jordan - Burg for tax exemptions on improvements totaling $145,000.00 for property located at 526-528 Dundee 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: Welper. Resolution adopted and upon approval by Mayor assigned No. 2004-526. 120263 - Clark/Gunderson that communication from Associate Planner transmitting request of Dale Castle for tax exemptions on improvements totaling $36,080.00 fpr property located at 1332 Wyandotte 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: Welper. Resolution adopted and upon approval by Mayor assigned No. 2004-527. 120264 - Clark/Gunderson that communication from Associate Planner transmitting request of Ronald Erne for tax exemptions on improvements totaling $43,990.00 4or property located at 2955 Lafayette 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: Welper. Resolution adopted and upon approval by Mayor assigned NO. 2004-528. 120265 - Clark/Gunderson that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance for Work performed by B & B Builders and Supply of Waterloo, Iowa, in conjunction with Concrete Replacement at Fire Station Nos. 3, 4 and 6, Ape received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Welper. Resolution adopted and upon approval by Mayor assigned N. 2004-529. 120266 Clark/Kincaid that communication from City Engineer transmitting Change Order No. 1 for a net increase in the amount of $14,971.94 for work performed by K. Cunningham Construction, Inc. of Cedar Falls, Iowa, in conjunction with F.Y. 2003 Sycamore Street Reconstruction Program, Contract No. 654, be raceived, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Welper. Motion carried. 120267 - Cole/Schmitt that communication from City Engineer transmitting CoMpletion of Project and Recommendation of Acceptance for Work performed by K. Cunningham Construction, Inc. of Cedar Falls, Iowa, in conjunction with F.1. 2003 Sycamore Street Reconstruction Program, Contract No. 654, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Six. Absent: Welper. Resolution adopted and upon approval by Mayor assigned No. 2004-530. w August 9, 2004 Page 6 DOCUMENTS CONTINUED 120268 - Cole/Schmitt that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $20,499.57 from B & B Builders and Supply of Waterloo, Iowa, in conjunction with F.Y. 2005 Sidewalk Repair Block Grant Program - Zone 4, Contract No. 678, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Welper. Resolution adopted and upon approval by Mayor assigned No. 2004-531. 120269 - Cole/Schmitt that communication from City Planner transmitting application with the Iowa Department of Natural Resources for Resource Enhancement and Protection (REAP) funding in the amount of $200,000.00 in conjunction with construction of trail along south side of the Cedar River from West 11th Street to West 18th Street be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Welper. Resolution adopted and upon approval by Mayor assigned No. 2004-532. 120270 - Cole/Schmitt that communication from Community Planning and Development Director transmitting Satisfaction and Release of Loan Agreement with United Beverages, Inc. in conjunction with full payment of IDR bond be received, placed on file and "Resolution approving said document", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Welper. Resolution adopted and upon approval by Mayor assigned No. 2004-533. 120271 - Cole/Schmitt that communication from City Engineer transmitting Construction Plans for Lucas Street Sanitary Sewer Extension, as submitted by Helland Engineering & Surveying Ltd of Cedar Falls, 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: Six. Absent: Welper. Resolution adopted and upon approval by Mayor assigned No. 2004-534. ADJOURNMENT 120272 - Clark/Schmitt that the Council adjourn at 5:59 p.m. Ayes: Six. Absent: Welper. Motion carried. Nand rt, CMC City Clerk • •