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HomeMy WebLinkAboutMinutes-02/23/2004• • February 23, 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, February 23, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Walter Reed, Executive Director of Human Rights Commission. 119422 - Welper/Cole that the Agenda, as amended, for the Regular Session on Monday, February 23, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried 119423 - Welper/Gunderson that the Minutes, as proposed, for the Regular Session on Monday, February 16, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried Presentation of award to Leisure Services from the Iowa Tennis Association. CONSENT AGENDA 119424 - Welper/Gunderson that the following items on the consent agenda be received, placed on file and approved: a. that communication from City Clerk transmitting request of American Cancer Society for a variance to the Noise Ordinance in conjunction with Relay for Life Event to be held at Central Middle School Stadium on June 11, 2004, from 6:00 p.m. to 11:00 p.m., including a live band, entertainment and PA system be received, placed on file and "Resolution approving said request", be adopted. Resolution adopted and upon approval of Mayor assigned No. 2004-79. b. Communication from Community Planning and Development Director transmitting recommendation of appointment of Morgan Hoosman to the position of Associate Planner, effective at a mutually agreed upon date. c. Communication from Mayor Tim Hurley transmitting recommendation of appointment of Harold Getty and Tim Shea to the Black Hawk County Solid Waste Management Commission. d. Maureen Newbill, Business & Marketing, to attend Membership Marketing Workshop in Des Moines, Iowa, on March 3-4, 2004, with costs not to exceed $224.00. e. Doug Erpelding, Plan Review Specialist; and John Magdefrau, Combination Building Inspector, to attend 2003 IBC Plan Review Seminar in Des Moines, Iowa, on March 22-23, 2004, with costs not to exceed $418.00, including use of city vehicle. f. Dr. George Galster, Professor of Urban Affairs, to travel to Waterloo, Iowa, on April 28-30, 2004, to be keynote speaker at the Fair Housing Conference, with costs not to exceed $695.10. g• Mohammad Elahi, Traffic Engineer, to attend ITE 2004 Technical Conference & Exhibit in Irvine, California, on March 27-31, 2004, with costs not to exceed $1,378.14. h. Jeffrey Duggan, Police Investigator, to travel to Topeka, Kansas, on February 12-13, 2004, for follow-up investigation, with costs not to exceed $219.00, including use of city vehicle. i. Beer/Liquor License Permit Application Class C Caffe Bar Piramida, 712 Jefferson Street (Renewal) (Expires 2/18/05) (Includes Sunday Sales) J Beer License Permit Application Class C Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/05) (Includes Sunday Sales) C -Stop, 1027 East 4th Street (New Owner) (Expires 3/02/05) (Includes Sunday Sales) February 23, 2004 Page 2 CONSENT AGENDA CONTINUED k. Wine License Permit Application Class B Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/05) (Includes Sunday Sales) C -Stop, 1027 East 4th Street (New Owner) (Expires 3/02/05) (Includes Sunday Sales) 1. Liquor License Permit Application Class E Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/04) (Includes Sunday Sales) Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/05) (Includes Sunday Sales) m. Bonds. Ayes: Seven. Motion carried. ADJOURNED HEARINGS 119425 - This being the time and place of adjourned hearing of October 13, 2003, 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 1/4 mile south of Highway 20, the Mayor called for written and oral objections. Maxine Barrows, 749 Excelsior Lane, stated she wanted to make the council aware of the timeframe involved in the new proposal. Residents received notice on February 12 that there was going to be a neighborhood meeting on February 13. Fred Debe called Jamie Fahr to inform him of the new plan. The meeting was held on February 16 because Mr. Fahr was out of town. Ms. Barrows stated she asked Fred Debe to send out notification of the new plan to all the neighbors, and she offered her e-mail address. Ms. Barrows stated it was difficult to understand the proposal because the neighbors had nothing in hand. Ms. Barrows reported she received a letter on Thursday concerning the new plan. Ms. Barrows stated the rezoning request has been drawn out for a long time. Ms. Barrows stated she is not convinced of the additional services the "C -P" Planned Commercial Districts would give to people in that area. Ms. Barrows stated seven businesses have already gone out of business in that area, and she wondered what kind of message it sends to the current businesses that we are bringing in new businesses. Ms. Barrows stated she is concerned with any plan that changes the proposed "C -P" designations from one to four "C -P" designations. Ms. Barrows stated she wanted to make clear that the newspaper article that said in order to receive the money for the Interstate, the city needs to rezone the property. Ms. Barrows stated that the "C -P" rezoning is not necessary for that. Ms. Barrows stated that the new plan tries to alleviate the concerns of the neighbors but actually raises new concerns, and the neighbors have not had a chance to respond to that. Ms. Barrows stated she feels if the new plan is going to be considered, it should be sent back to the Planning, Programming and Zoning Commission because everything developed in that area will have to go back to the Commission. Ms. Barrows stated she hopes as a council they uphold Planning, Programming and Zoning Commission's recommendation of one "C -P" designation, and sends the new plan back to the Commission so that neighbors have an opportunity to discuss the new plan. Mayor Hurley asked Ms. Barrows what group she represents. Ms. Barrows replied that she was under the impression the council would prefer to hear from a few people rather than a large number coming up and saying the same thing. Ms. Barrows stated that many of her people could not attend the neighborhood meeting because it was at 4:00 p.m. when a lot of people are still at work. Ms. Barrows stated she wants this to be a win/win for everyone. Ms. Barrows stated she has been told they are not ready to compromise. Fred Debe, 141 Pershing Road and representing Schenk Engineering, reported that last summer the property owners requested zoning for "C -P", "B -P" and "R -4,R - P". The property owners had conversations with the residents prior to going to the Planning, Programming and Zoning Commission. The property owners reduced the "C -P" designations to three, and the Commission's motion was for one "C-" designations without any comments from the petitioners. Mr. Debe stated that the meeting with the neighbors was advertised, and a notice was sent to 100 families, with 13 attending, and there was good discussion. The property owners redrafted the plan and explained at the meeting that the revised plan had four "C -P" designations. The closest "CP" designations to San Marnan is in excess of 500 feet from any residence. • • • February 23, 2004 ADJOURNED HEARINGS CONTINUED Page 3 Ken Lockard reported he has been involved in this project about four years, attending all the meetings and getting the Ansborough Avenue/Highway 20 Interchange approved. Mr. Lockard commented what a great economic opportunity this plan will be for our community. Mr. Lockard stated they met with the neighbors and he understands their concerns that it took a while to get things in order, but he had to meet with the property owners, revise the plan and then notify the neighbors. Mr. Lockard stated that the "C -P" designations are important to development. Mr. Lockard stated the property owners have drastically reduced the number of "C -P" designations and moved them back off of San Marnan. Mr. Lockard suggested that a design overly needs to take place in this area. There is an opportunity to do something really special and it needs to have design mirror. Mr. Lockard stated he would work with the city to come up with design guidelines. Mr. Lockard stated he also would like some lakes throughout the project as water creates a unique image for development. Mr. Lockard stated there may be need for a lot of fill for the Interchange, and he can work with them to pull fill out of this area and enhance this project. Mr. Lockard stated the proposed development needs a bike trail and fiber optic, and then we can create something that he can sell in this community. Councilperson Welper stated he likes Plan C and feels it is a good compromise. Councilperson Greenwood stated that when the city zoned land on Ansborough and Ridgeway Avenues for Family Video and they fulfilled all the zoning requirements, the city could not stop the rezoning because the property was already zoned for that type of business. Councilperson Greenwood asked if these "C -P" designations back the city into a corner. Mr. Lockard responded that is why he is suggesting an overlay district because we can make a list of what we don't want and set up criteria for how the property should look. Craig Puetz, 735 Excelsior Lane, reported his backyard is on San Marnan Dive. Mr. Puetz thanked Ms. Barrows and thanked Mr. Lockard for his willingness to work with the neighbors and make this project acceptable. Mr. Puetz stated this is a proposal he can accept. Kincaid/Clark 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 and oral and written comments be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Jim Walsh, City Attorney, explained that the motion just receives and files Planning, Programming and Zoning Commission's recommendation. Councilperson Clark stated they are adopting a very Programming and Zoning Co Commission would adopt the C. he likes Plan C, but if the council important plan without approval of mmission. Councilperson Clark stated plan, but he would like to see them adopts Plan C the Planning, he thinks the recommend Plan Jim Walsh, City Attorney, stated the proposal has been around for about seven years. Planning, Programming and Zoning Commission deliberated very strongly and went along with their recommendation. Don Temeyer, Community Planning and Development Director, stated that past experience is when we are at this point and the developers have negotiated and held meetings with the neighbors and council, he believes the Commission would feel it is best to make the motion and move ahead. Councilperson Cole stated the council would be able to define what is compatible business in this area. Mr. Temeyer stated that the design overlay proposed by Mr. Lockard would help do that. Mr. Temeyer stated that putting in better guidelines will help sell property to tenants as they come to the area. Mr. Temeyer stated that design is usually subjective, but public participation produces the best product. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 119426 - Welper/Kincaid that "an Ordinance Ordinance, by adding Property (Plan C as considered and passed amending Ordinance No. 2479, as amended, City Zoning Subsection No. 351 to Section 2A-5, Rezoning Certain presented by developers)", be received, placed on file, for the first time. Ayes: Seven. Motion carried. February 23, 2004 Page 4 ADJOURNED HEARINGS CONTINUED 119427 - Welper/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Greenwood. Motion carried. 119428 - Welper/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 351 to Section 2A-5, Rezoning Certain Property (Plan C as presented by developers)", be considered and passed for the second and third times and adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated he voted not to suspend the rules to look for further input. Councilperson Greenwood stated he likes the design but would like to pass the ordinance on the first reading and have a week of public response and then pass for the second and third times. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4669. HEARINGS 119429 - Gunderson/Welper that proof of publication of notice of public hearing on the request of the J & S Family Realty to vacate, sell and convey right-of-way generally described as the San Marnan right-of-way located in front of Lots 2 and 3, Anderson Sixth Addition, for $1.00, as published in the Waterloo Courier on February 19, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119430 - 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 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. 119431 - Kincaid/Gunderson that "an Ordinance vacating right-of-way generally described as the San Marnan right-of-way located in front of Lots 2 and 3, Anderson Sixth Addition and rescinding Ordinance No. 4648", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119432 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried 119433 - Welper/Gunderson that "an Ordinance vacating right-of-way generally described as the San Marnan right-of-way located in front of Lots 2 and 3, Anderson Sixth Addition and rescinding Ordinance No. 4648", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4670. 119434 - Welper/Cole that "Resolution authorizing said sale and conveyance and rescinding Resolution No. 2003-661", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-80. 119435 - Gunderson/Cole that proof of publication of notice of public hearing on request of Waterloo Community School District for an easement agreement to use Prospect Boulevard for a parking lot associated with Kingsley Elementary School, as published in the Waterloo Courier on February 6, 2004, be received and placed on file. Ayes: Seven. M111,n carried. • • February 23, 2004 HEARINGS CONTINUED 119436 - This being the time and place of public hearing, the and oral objections. Mayor Hurley read the names and addresses of residents support and in opposition of the agreement. Patrick Moore, 200 Sunset, stated he has lived across and he is 100 percent behind this plan. Page 5 Mayor called for written who have sent e-mails in the school for 33 years, William Mclntee, 2318 West 4th Street, stated he has lived in the neighborhood many years. Mr. Mclntee stated he feels we need to move forward, this is a nickel holding up a dollar. Mr. Mclntee asked the council not to let what is a negative for a few hold up what is a positive for many today and the next generation. Mr. Mclntee asked what is better, living across from a renovated street and parking lot inconvenience or no school. Councilperson Welper stated that all the letters and phone calls he received from people in support of this project don't live on Prospect Boulevard. Debbie Hottle, 812 Kingsley, stated that in Summer 2003 she urged the council to talk to the Waterloo School Board and now the vote is in their hands. Ms. Hottle stated she is 100 percent in favor of the easement. Ms. Hottle pointed out the council's goals and stated they will be able to fulfill these goals with this easement. The goal of increasing the tax base and having affordable housing. Ms. Hottle stated that keeping homes affordable is crucial. Ms. Hottle stated that the number four goal of downtown revitalization success is heavily on the community embracing living and working downtown and Kingsley is to move support not that far from downtown. Ms. Hottle stated that allowing the school forward will help this movement. Ms. Hottle asked the council to Kingsley School. Steve Raecker, 276 Prospect Boulevard, reported he can see the proposed parking lot from his living room and front yard, and he is 100 percent in favor of this easement as it will help keep property values up, and not just on Prospect Boulevard. Mark French, 532 Kingsley Avenue, stated he drove by the other sites, and he is 100 percent in favor of this easement. Linda Echelmeyer, 235 Prospect Boulevard, read part of her letter dated January 19, 2004. Ms. Echelmeyer stated that boundary lines have changed since the first proposal. Ms. Echelmeyer asked the council to use common sense. Ms. Echelmeyer stated that she feels a fence and parking lot on the boulevard will decrease the value of the homes. Ms. Echelmeyer stated she feels the 40 stall parking lot will add to congestion of traffic during the start and end of the school day, and it is already busy during the rush hour. Ms. Echelmeyer stated she does not perceive demolishing the school will devalue her property. Ms. Echelmeyer stated it is always crime and absent landlords that decrease the value of the property. Ms. Echelmeyer asked the city to do a traffic count and the affect of 40 more cars. Ms. Echelmeyer stated she thinks if the council rejects the easement agreement, the Waterloo School Board will go back to the drawing board. Michelle Weiden, 239 Prospect Boulevard, stated she moved here from Texas, and she is opposed to the parking lot. Ms. Weiden stated she would like a traffic study done. Ms. Weiden stated she feels the boulevard helps the safety of the children, and that a parking lot will increase traffic and safety because of the cars backing in and out of the parking lot. Ms. Weiden stated she has not called the police to complain because of people parking in her property, nor does she believe any of the residents have, but she will if this is approved. Ms. Widen stated she is planning on putting $15,000 into her home, but if this passes they probably won't do that and may move. Ms. Widen stated she is opposed to the easement agreement. Welper/Kincaid that the hearing be closed, letters of support and opposition and oral and written comments be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated the School Board has a criteria for developing new schools. Councilperson Welper commended the School Board for the improvements they are making to the schools. Councilperson Welper stated that maybe we are thinking too much with our heart. Councilperson Welper stated he doesn't think a parking lot will help and doesn't think the property values will go down, demographics change. Councilperson Welper stated if the School Board wishes to change Kingsley School, they should keep it as it is until they find a plan suitable for everyone. February 23, 2004 Page 6 HEARINGS CONTINUED Councilperson Gunderson stated this is a quality of life issue, and he feels strongly that not allowing the parking lot or closing the school will affect 1,000 homes. Councilperson Gunderson stated that the fact that the boundaries are going north is a factor to take into consideration. Councilperson Gunderson stated that Kingsley School needs to be at this location because it is an asset. Councilperson Gunderson stated if the council doesn't approve the easement, the neighborhood could lose its school. Councilperson Schmitt stated the issue is to allow the School Board to keep Kingsley School and bring it into the 21st Century. Councilperson Schmitt stated the boundaries show over 400 students next year, who could have to be bused which is very expensive. Councilperson Schmitt noted this is not the fault of the children. Councilperson Cole stated this has been an exceptional difficult issue, and she has been trying to figure out why this ended in the lap of the council. Councilperson Cole questioned why we need a fence and lot right in the middle of this beautiful boulevard. Councilperson Cole stated she is opposed to this project; however, she has been lobbied by persons who feel a parking lot and fence is necessary to keep the school open. Councilperson Cole stated because of the boundaries she feels Kingsley School should remain open at its present location. Councilperson Cole stated she looks at it as a temporary fix to a long-term problem and looks to a time when the boulevard can be returned to its natural beauties. Councilperson Kincaid stated the city has very few of these beautiful boulevards. Councilperson Kincaid stated these are beautiful areas to drive through, and he would hate to see them defaced with parking in the center. Councilperson Greenwood stated he supports this easement agreement because attending the school at that location is very important. Councilperson Greenwood stated that personally this is not what he would want to do, but the council needs to make a decision and move forward. Councilperson Greenwood stated the neighbors have shown support to keep the school at this location. Councilperson Greenwood asked the Waterloo Community School District to maintain the boulevard and plant new trees, flowerbeds and preserve the area. Councilperson Clark stated he was opposed to this easement from the beginning. Councilperson Clark stated he is not uneasy about keeping Kingsley School open, but he is uneasy about using Prospect Boulevard. Councilperson Clark stated he has been lobbied with calls and e-mails and will vote in favor of the easement because of all the lobbying. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 119437 - Gunderson/Schmitt that "Resolution approving said easement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Nays: Welper, Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-81. PETITIONS FROM PUBLIC 119438 - Clark/Gunderson that communication from City Planner transmitting request of Roosevelt Roby to vacate, sell and convey a portion of city right-of-way generally located at the corner of Chestnut and Utica Streets to allow for construction of four new homes, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 15, 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: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-82. 119439 - Clark/Gunderson that communication from City Planner transmitting request of Omega Cabinets, Ltd. to rezone from "A-1" Agricultural District to "M-1" Light Industrial District property generally located west of Burton Avenue and south of Airline Highway to develop a 200 -stall parking lot for employees and an access from Burton Avenue for trucks to deliver raw material to the complex, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 15, 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: Seven. Resolution adopts and upon approval by Mayor assied No. 2004-83. February 23, 2004 PETITIONS FROM PUBLIC CONTINUED 119440 - Clark/Gunderson • Page 7 that communication from City Planner transmitting request of Tom Nutting for an amendment to the "C -Z" Conditional Zoning site plan for a retirement housing development generally located at the northwest corner of East 4th and West Donald Streets, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 15, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-84. REPORTS 119441 - Gunderson/Schmitt that communication from City Clerk transmitting request for authorization to publish 2003 salaries for all city employees and officials, as required by law, be received, placed on file and City Clerk authorized to publish said salaries. Ayes: Seven. Motion carried. DOCUMENTS 119442 - Cole/Gunderson that communication from Associate Engineer transmitting an agreement with the Chicago Central and Pacific Railroad Company, Iowa Department of Transportation and the City of Cedar Falls in conjunction with construction and installation of automatic flashing lights, gate arms, 12" LED lenses and prediction circuitry at the Leversee Road crossing at a total cost of $125,000.00, with no city cost, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-85. 119443 - Cole/Gunderson that communication from Police Chief transmitting one-year agreement with C & S Car Company to lease a 2004 white Mazda MPV van for use by the D.A.R.E. Program 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. 2004-86. 119444 - Cole/Gunderson that communication from Associate Planner transmitting request of Martin Villasenor for tax exemptions on improvements totaling $9,272.00 for property located at 802 Grant 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-87. 119445 - Cole/Gunderson that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $316,380.00 from Metro Wrecking, Inc. of Des Moines, Iowa, in conjunction with F.Y. 2004 CMC Parcel 2 Demolition, Contract No. 680, 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. 2004-88. 119446 - Cole/Gunderson that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by Prairie Construction Co., Inc. of Waterloo, Iowa, in conjunction with Five Sullivan Brothers Convention Center 2003 Renovation project, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-89. February 23, 2004 Page 8 DOCUMENTS CONTINUED 119447 - Welper/Gunderson that communication from Airport Director transmitting side letter agreement with Northwest Airlines (NWA) for improved air service out of the Waterloo Regional Airport by adding a 6th flight be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated this agreement will add a jet and a sixth flight. The sixth flight is a critical time in the afternoon. Mayor Hurley stated the "full upgrade" will increase our daily seating capacity by 50 seats. It will require our market to generate average monthly revenue of $1,412,000 and setting our guarantee at $900,000. With approval of the mover and seconder the above motion was withdrawn. Gunderson/Schmitt that side letter agreement with Northwest Airlines (NWA) for improved air services out of the Waterloo Regional Airport by adding a 6th flight to include generating average monthly revenue of $1,412,000 and setting the city's guarantee at $900K be received, placed on file and approved 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. 2004-90. RESOLUTIONS TO BE ADOPTED 119448 - Kincaid/Cole that "Resolution setting date of hearing as March 8, 2004, at 5:30 p.m. in the City Hall Council Chambers on the FYE2005 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-91. 119449 - Cole/Gunderson that "Resolution authorizing City Attorney to petition the Court to join the Vision Iowa lawsuit, defend the interests of the City and seek disbursement from the State of Iowa for funds awarded to the Cedar Valley Project", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated he spoke with Mayor Crews regarding his council's willingness to share pro -rated. Jim Walsh, City Attorney, stated that the City of Clinton was initially included in the lawsuit, but eventually they got the Page County farmers to remove them. Following comments a vote was taken on the above motion with the following results. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-92. 119450 - Schmitt/Cole that communication from Leisure Services Director transmitting 2004 Sports fees, as recommended by the Leisure Services Commission, be received, placed on file and "Resolution approving said fees", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-93. ORDINANCES TO BE ADOPTED 119451 - Gunderson/Cole that "an Ordinance amending the 2001 Code of Ordinances for the City of Waterloo, Iowa, by repealing Chapter 7, Leisure Services Commission, of Title 2, Boards and Commissions; and enacting in lieu thereof new Chapter 7, Leisure Services Commission, of Title 2, Boards and Commissions (reducing members to seven and procedural language clarification)", be received, placed on file, considered and passed for the second time.Ayes: Six. Nays: Greenwood. Motion carried. •• • • February 23, 2004 ORDINANCES TO BE ADOPTED CONTINUED 119452 - Clark/Schmitt Page 9 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Greenwood. Motion carried. 119453 - Clark/Gunderson that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 7, Leisure Services Commission, of Title 2, Boards and Commissions; and enacting in lieu thereof new Chapter 7, Leisure Services Commission, of Title 2, Boards and Commissions (reducing members to seven and procedural language clarification)", be considered and passed for the third time and adopted. Ayes: Six. Nays: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4671. 119454 - Welper/Gunderson that "an Ordinance amending the 2001 Code of Ordinances for the City of Waterloo, Iowa, to create the A.D.A. Compliance Commission", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119455 Welper/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119456 - Schmitt/Cole that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, to create the A.D.A. Compliance Commission", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4672. 119457 - Greenwood/Gunderson that "an Ordinance amending the 2001 Code of Ordinances for the City of Waterloo, Iowa, by repealing Chapter 5, Heating, Air Conditioning and Ventilation; Article A, Mechanical Code; Article B, Mechanical Board for Licensing and Appeals; and Section 9-5C-4, Certificate of Insurance, Section 9- 5C, Conditions of License, Section 9-5C-6, Revocation of License, of Article C, Mechanical Contractors, of Chapter 5, Heating, Air Conditioning and Ventilation, of Title 9, Building Regulations; and enacting in lieu thereof new Chapter 5, Heating, Air Conditioning and Ventilation; Article A, Mechanical Code; Article B, Mechanical Board for Licensing and Appeals; and Section 9-5C- 4, Certificate of Insurance, Section 9-5C, Conditions of License, Section 9-5C- 6, Revocation of License, of Article C, Mechanical Contractors, of Chapter 5, Heating, Air Conditioning and Ventilation, of Title 9, Building Regulations", 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. Lou Cutwright, Building Official, reported this ordinance involves the Mechanical Code. Councilperson Gunderson asked if this ordinance will be in conformity with the City of Cedar Falls because a couple of contractors said they wished we were uniform with Cedar Falls. Mr. Cutwright noted that he has looked into that over the past 15 years. This code deals with plumbers, not the International Code. Mr. Cutwright stated this is the code of choice in all of the major cities because it is recognized all over the United States as the code of choice. Duane Feldman, 602 Cataract Avenue, stated he purchased land behind Audubon Park. Mr. Feldman stated he is a building contractor, and it is his understanding that the proposed code would prevent him from building his own home. Mr. Feldman stated he would like a section put into the code where property owners could sign a waiver when building their own home. Mr. Feldman stated requiring owners of the home to hire licensed framer, electrician, plumbers, etc. will increase the price of his home. Mr. Feldman stated he believes if this passes, he will not build in Waterloo and will probably move to Cedar Falls as he will have no choice because of the expanded price. Mr. Feldman asked the council to let homeowners build their own homes if they are built to city code. Mr. Feldman stated the requirements of this code will probably increase his cost to build his home by 30 percent. February 23, 2004 Page 10 ORDINANCES TO BE ADOPTED CONTINUED Councilperson Schmitt stated this ordinance just includes replaces the 1977 Uniform Mechanical Code with the 2003 edition of the Uniform Mechanical Code. Lou Cutwright, Building Official/Maintenance Administrator, stated that the new ordinance allows home owners to build their own homes but they have to live in it for two years. Mr. Cutwright noted that the homeowner has the ability to build his/her own home and the Board can approve his request. Mr. Cutwright stated if we don't have a code in place, there are a number of individuals striving to build their own home and putting the building department under duress trying to help them. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 119458 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119459 - Gunderson/Cole that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 5, Heating, Air Conditioning and Ventilation; Article A, Mechanical Code; Article B, Mechanical Board for Licensing and Appeals; and Section 9-5C-4, Certificate of Insurance, Section 9- 5C, Conditions of License, Section 9-5C-6, Revocation of License, of Article C, Mechanical Contractors, of Chapter 5, Heating, Air Conditioning and Ventilation, of Title 9, Building Regulations; and enacting in lieu thereof new Chapter 5, Heating, Air Conditioning and Ventilation; Article A, Mechanical Code; Article B, Mechanical Board for Licensing and Appeals; and Section 9-5C- 4, Certificate of Insurance, Section 9-5C, Conditions of License, Section 9-5C- 6, Revocation of License, of Article C, Mechanical Contractors, of Chapter 5, Heating, Air Conditioning and Ventilation, of Title 9, Building Regulations", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4673. BILLS PAYMENT 119460 - Greenwood/Cole that "Resolution approving Schedule AP640, pp. 1-55, dated February 23, 2004, in the amount of $2,131,622.49, 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. 2004-94. NEW BUSINESS 119461 - Greenwood/Cole that communication from Community Planning transmitting amendment to the Comprehensive Plan Redevelopment Master Plan Update, together with the Planning, Programming and Zoning Commission, and "Resolution setting date of hearing as March City Hall Council Chambers on the above described Clerk instructed to publish notice of same. Ayes: and Development Director to include Waterloo Downtown recommendation of approval of be received, placed on file 15, 2004, at 5:30 p.m. in the request", be adopted and City Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-95. 119462 - Kincaid/Greenwood to instruct Leisure contract, etc. in received, placed on 119463 - Kincaid/Gunderson Services Director to prepare plans, specifications, form conjunction with 2004 Maywood Park Restroom Project, file and approved. Ayes: Seven. Motion carried. of be that plans, specifications, form of contract, etc. in conjunction with 2004 Maywood Park Restroom Project, be received and placed on file. Ayes: Seven. Motion carried. • • February 23, 2004 NEW BUSINESS CONTINUED 119464 - Kincaid/Gunderson Page 11 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. 2004-96. 119465 - Kincaid/Gunderson that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 22, 2004, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-97. ADJOURNMENT 119466 - Welper/Greenwood that the Council adjourn at 7:20 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk