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HomeMy WebLinkAboutMinutes-07/26/2004• • July 26, 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, July 26, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Clark, Schmitt, Gunderson, Welper. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Eric Thorson, City Engineer. 120175 - Welper/Kincaid that the Agenda, as amended to delete Item 5, for the Regular Session on Monday, July 26, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 120176 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, July 19, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Presentation by Chamber of Commerce of contribution in the amount of $10,250.00 for a total of $35,250.00 to beautification of City Hall Project. Presentation by Chamber of Commerce of City's 150th Birthday and Chamber of Commerce's 75th anniversary montage. Mayor Hurley performed swearing-in of Firefighters Marc Mahood, Chris Charley, Josh Heller and William Beck. CONSENT AGENDA 120177 - Welper/Gunderson that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, pp. 1-58, dated July 26, 2004, in the amount of $3,161,776.33, 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. 2004-477. 2. Communication from Police Captain transmitting request of Rolling Thunder Inc., Iowa Chapter #1, to hold Prisoner of War -Missing in Action Recognition Day on September 17, 2004, at Veterans Memorial Hall Soldiers and Sailors Park from 6:30 p.m. to 7:30 p.m., including barricading Cedar Street between West 4th and West 5th Streets. Resolution adopted and upon approval by Mayor assigned No. 2004-478. 3. Communication from Police Captain transmitting request of KBBG to hold Annual Parade on August 21, 2004, starting at 10:00 a.m., with route to begin on E. Donald and E. 4th Streets, south on E. 4th Street to Sumner Street, east on Sumner Street to Beech Street, south on Beech Street to Oneida Street, east on Oneida Street, ending east of Oneida and Beech Streets at Furgerson Field. Resolution adopted and upon approval by Mayor assigned No. 2004-479. 4. Communication from City Clerk transmitting request of Daryl and Meri Kay Chase, 555 West Wellington Street, for a variance to the Noise Ordinance on August 7, 2004, from 7:00 p.m. to 11:00 p.m. in conjunction with outdoor band playing on the deck in their backyard, together with recommendation of approval of Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2004-480. July 26, 2004 Page 2 CONSENT AGENDA CONTINUED 5. Communication from City Clerk transmitting request of Rolling Thunder, Inc., Iowa Chapter #1, for a variance to the Noise Ordinance on September 17, 2004, from 6:30 p.m. to 7:30 p.m. in conjunction with Prisoner of War -Missing in Action Recognition Day at Veterans Memorial Hall Soldiers and Sailors Park, including 21 gun salute and firing of canons, together with recommendation of approval of Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2004-481. 6. Communication from City Engineer transmitting request of Greg Camenisch for a waiver for a concrete driveway to be located at 2163 Grand Boulevard, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-482. 7. Communication from City Engineer transmitting request of Tony Barker for a waiver for a concrete driveway to be located at 924 Creston Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-483. b. Motion to approve the following: 1. Brian Krischke, Fair Housing Coordinator, to attend National Fair Housing Training Academy in Washington, D.C., on August 8-13, 2004, with costs not to exceed $1,813.00. c. Beer License Permit Application Class C Clark of Waterloo, 1008 LaPorte Road (Renewal) (Expires 9/15/05) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Cadillac Lanes, 650 LaPorte Road (Renewal) (Expires 7/26/05) (Includes Sunday Sales) e. Outdoor Service Area Application Cadillac Lanes, 650 LaPorte Road f. Bonds. g• Cigarette Permit Application Karma Bar, 309 West 4th Street Pack Em In Inc., 201 Rath Street Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 120178 - Schmitt/Cole that proof of publication of notice of public hearing on the request of Dwayne Eilers to vacate, sell and convey for $50.00 property generally located just south of Lot 20 and north of Lot 19 in Roth Park Camp Addition, as published in the Waterloo Courier on July 12, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 120179 - Councilperson Welper stated that staff and council members are presently working on revisions to the Sale of Property Policy which will make it fair for everyone. Councilperson Welper stated both times this request was approved by the Building & Grounds Committee a member of the committee was absent. Welper/Gunderson that the hearing be tabled and this request be referred back to the Building and Grounds Committee: Ayes: Two. Nays: Kincaid, Cole, Clark, Schmitt. Absent: Greenwood. Motion failed. 120180 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. • 1 July 26, 2004 • • HEARINGS CONTINUED Page 3 Dwayne Eilers reported that this parcel of property has been inside his fence for the past 20 years, and he has maintained the property for 20 years. This is a little piece of land in the middle of his property. Mr. Eilers stated if he is allowed to purchase this parcel he will have to pay taxes on the property. Mr. Eilers stated about three weeks ago the council sold an alley to a contractor for $1.00, and he is offering more than that for this property. Mr. Eilers stated this is a dead-end piece of land in the middle of his property. Mr. Eilers stated it has cost him $2,000 over the past 20 years to maintain this property. Mr. Eilers stated that he feels his offer to purchase the property for $50 is more than fair. Mr. Eilers stated the property was never designated as city property. Mr. Eilers stated he might use the property as one of the driveways going into his property. Mr. Eilers stated he feels he is being more than fair, and that the city has given away a lot of buildable lots, but nobody can build on this parcel. Councilperson Welper reminded Mr. Eilers of his last appearance before the council when he reported his unfortunate theft and how badly we need police officers and that Mr. Eilers could help the city do that. Councilperson Welper commented that the property has an assessed value of $750, but Mr. Eilers is only willing to pay $50. Mr. Eilers responded he questions who gave the value of the land at that amount. Mr. Eilers stated he has seen the city sell larger parcels for $1. Councilperson Welper noted that the taxes paid from the sale of the larger parcel will pay for the value of the property. Noel Anderson, City Planner, reported that the city has not seen any final plans for that property. Councilperson Gunderson asked Mr. Eilers when he sells his property will he give the next person who buys the property a break and only sell this parcel for $50. Mr. Eilers responded that he is not going to sell this property but is giving the property to his sons. Mr. Eilers stated he can move the fence if that's what the city wants and give the city 15 feet of property before the dead-end if the city wants it. Forest Dillavou, 1725 Huntington Road, stated this is just another issue that has come before the council many times. If this were a big business, the city would give them everything, but when its a small owner the city gives them nothing. Mr. Dillavou reviewed the sale of property to Feredays. Mr. Dillavou stated the council gives away land which is owned by the taxpayers and overlooks the little guys and should sell property to the people. Mayor Hurley stated this is why we need stronger guidelines. The current guidelines require a developer to develop the property within two years, and they must pay back the assessed value of the property within two years through the taxes paid. William Frost, 622 Lakeside Street, stated that the city is talking about ten or fifteen years not two, and this won't help the little guy. Welper/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: Greenwood. Motion carried. 120181 - Kincaid/Cole that "an Ordinance vacating property generally located just south of Lot 20 and north of Lot 19 in Roth Park Camp Addition", be received, placed on file, considered and passed for the first time. Ayes: Four. Nays: Gunderson, Welper. Absent: Greenwood. Motion carried. 120182 - Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Four. Nays: Gunderson, Welper. Absent: Greenwood. Motion failed. 120183 - Gunderson/Schmitt that proof of publication of notice of public hearing on request of Claassen Engineering on behalf of Norm Hayek to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District property generally located west of Nottingham First Addition for the purpose of a single family housing development, as published in the Waterloo Courier on July 16, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. July 26, 2004 Page 4 HEARINGS CONTINUED 120184 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 120185 - Gunderson/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 362 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 120186 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 120187 - Gunderson/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 362 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4706. 120188 - Welper/Kincaid that proof of publication of notice of public hearing on purchase and installation of lighting equipment for Hope Martin Theatre, as published in the Waterloo Courier on July 20, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 120189 - 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: Six. Absent: Greenwood. Motion carried. 120190 - Cole/Schmitt that "Resolution approving purchase of said equipment in the amount of $26,776.00 from Heartland Scenic Studio, Inc. of Omaha, Nebraska, and installation in the amount of $10,636.22 by Scott's Electric of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-484. DOCUMENTS 120191 - Cole/Schmitt that communication from Associate Planner transmitting request of A.L. McNeal for tax exemptions on improvements totaling $15,000.00 for property located at 651 Newton Street in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-485. 120192 - Cole/Schmitt that communication from Associate Planner transmitting request of Justin Wester for tax exemptions on improvements totaling $8,000.00 for property located at 1108 Evergreen Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-486. • • July 26, 2004 • • DOCUMENTS CONTINUED 120193 - Cole/Schmitt Page 5 that communication from Associate Engineer transmitting Iowa Department of Transportation Section 130 Project Request form for rail crossing safety funds for the installation of warning signals/lights with overhead cantilever at the East Shaulis Road crossing, with conceptual estimate of around $120,000.00, be received, placed on file and "Resolution approving said form", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-487. 120194 - Cole/Schmitt that communication from Associate Engineer transmitting Iowa Department of Transportation Section 130 Project Request form for rail crossing safety funds to install warning signals/lights for the Mitchell Avenue crossing, with conceptual estimate of around $95,000.00, be received, placed on file and "Resolution approving said form", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-488. 120195 - Cole/Schmitt that communication from Police Captain transmitting agreement with U.S. Department of Justice, Bureau of Justice Assistance, for F.Y. 2004 Local Law Enforcement Block Grant (LLEBG) funds in the amount of $25,993.00, with a required match of $2,881.44 to be provided by Waterloo Schools, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-489. 120196 - Schmitt/Cole that communication from Assistant City Attorney transmitting Waiver of 90 -day Notice of Right of Redemption for 507 Oak Street be received, placed on file and "Resolution approving said waiver", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-490. 120197 - Schmitt/Cole that communication from Superintendent of Waste Management Services transmitting renewal of 5 -year biosolids agreement with Nutri-Ject Systems, Inc. of Hudson, Iowa, for the period of July 1, 2004, to June 30, 2009, be received, placed on file, and "Resolution approving renewal of said agreement", be adopted. Prior to a vote on the above motion, the following comments were heard. Tim Shea, Superintendent of Waste Management Services, reported this a renewal of the contract with Nutri-Ject for an additional five years. Nutri-Ject has proposed reducing the lease of the biosolids storage building from $18,000 per month to $4,500 per month for a for an annual savings of $162,000. The renewal contract includes an increase in the cost for wet ton transport rate from $15.49 per wet ton to $15.88 per wet ton. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-491. 120198 - Schmitt/Cole that communication from City Planner transmitting National Register Nomination Evaluation Form to be sent to State Advisory Council on Historic Preservation to nominate Roosevelt School, 200 East Arlington Street, to the National Register of Historic Places be received, placed on file and "Resolution approving said nomination form", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. July 26, 2004 Page 6 DOCUMENTS CONTINUED Mayor Hurley asked if the state accepts Roosevelt School to be placed on the National Register of Historic Places will that impede anyone from turning the building into apartments. Noel Anderson, City Planner, responded that the developer has requested that the city nominate Roosevelt Elementary School to the National Register of Historic Places. Mr. Anderson stated the form will be reviewed by the state and then forwarded to the federal national level. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-492. 120199 - Schmitt/Cole that communication from Airport Director transmitting grant with the FAA in the amount of $321,923.00 to pay cost of purchase of snow removal equipment at the Waterloo Regional Airport, with city to pay 5 percent of cost, be received, placed on file and "Resolution approving said grant", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-493. RESOLUTIONS TO BE ADOPTED 120200 - Welper/Gunderson that "Resolution approving recommendation of award of Fiscal Year 2005 Mayor's Youth Initiative Funds", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-494. 120201 - Welper/Kincaid that "Resolution authorizing allocation of discretionary hotel/motel funds as follows: Waterloo Municipal Band in the amount of $22,275.00, Main Street Waterloo in the amount of $3,000.00 and Waterloo Exchange Club in the amount of $2,000.00", be adopted. Prior to a vote on the above motion, the following comments were heard. Frank Magsamen, 135 Woodstock, reported that the Healing Field will be a sea of 1,000 flags displayed in front of Veteran's Memorial Hall on September 10-12, 2004. The flags will be flown to honor those who died while serving their country in the U.S. Armed Forces. This will allow our community to participate and be a part of the healing process. People will have an opportunity to purchase the flags. Ned DeBerg, Fire Chief, stated it is a pleasure to be a part of the Exchange Club of Waterloo which raises a lot of funds for kids. Chief DeBerg asked the citizens to support the Healing Field. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-495. NEW BUSINESS 120202 - Gunderson/Cole to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Sidewalk Repair Assessment Program - Zone 4, Contract No. 679, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 120203 - Gunderson/Cole that plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Sidewalk Repair Assessment Program - Zone 4, Contract No. 679, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 120204 - Gunderson/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopttand upon approval by Mayor assied No. 2004-496. July 26, 2004 NEW BUSINESS CONTINUED 120205 - Gunderson/Schmitt that "Resolution setting date of hearing contract, etc. as August 16, 2004, at 5 Chambers and taking of bids on the above City Clerk instructed to publish notice Greenwood. Page 7 on plans, specifications, form of :30 p.m. in the City Hall Council described project", be adopted and of same. Ayes: Six. Absent: Resolution adopted and upon approval by Mayor assigned No. 2004-497. 120206 - Kincaid/Cole that "Preliminary Resolution approving construction of sidewalk improvements in conjunction with the F.Y. 2005 Sidewalk Repair Assessment Program - Zone 4, Contract No. 679", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-498. 120207 - Schmitt/Cole that "Resolution fixing value of lots in conjunction with the F.Y. 2005 Sidewalk Repair Assessment Program - Zone 4, Contract No. 679", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-499. 120208 - Kincaid/Cole that "Resolution adopting preliminary plat and schedule, of assessments and estimate of costs in conjunction with the F.Y. 2005 Sidewalk Repair Assessment Program - Zone 4, Contract No. 679", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-500. 120209 - Kincaid/Schmitt that "Resolution of Necessity setting date of hearing on F.Y. 2005 Sidewalk Repair Assessment Program - Zone 4, Contract No. 679, as August 16, 2004, at 5:30 p.m. in the City Hall Council Chambers", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-501. ORAL PRESENTATIONS 120210 - Charles Myles of Unity Neighborhood Association, reported that they met with Mayor Hurley at the Neighborhood Coalition meeting to discuss manufactured homes turned the wrong way on Barclay Street. Mayor Hurley responded that he turned that information over to Lou Cutwright, Building Official/Maintenance Administrator, and Don Temeyer, Community Planning and Development Director, on Tuesday morning and has not heard back from them. Mr. Myles stated that Mr. Cutwright has been invited to attend the Neighborhood Coalition meetings and does not attend. Mr. Myles stated they are overbid on the lots and the developers are paying a lot less. Mayor Hurley responded that these are not city lots, but they are purchased at tax sales and Mr. Myles needs to contact the Black Hawk County Board of Supervisors. Dwayne Eilers, reported that he has a bus bench in front of his lot and there is constant garbage under and around the bench. Mr. Eilers stated that the man who leases the benches says it is not his responsibility and the city says its not its responsibility, and he would like to know who is responsible for that litter. Mayor Hurley responded it is the adjoining property owner's responsibility. Mr. Eilers stated that mowing is the adjacent property owner's responsibility, but the trash should be the bench owner's responsibility. Mr. Eilers asked for a written response from the City Attorney that the trash is not his responsibility but the bench owners. Jim Walsh, City Attorney, stated that there are no special rules governing this as we all have a responsibility to clean up. Mr. Walsh stated that the permit holder could be asked to leave, but then the bus users would not have a place to sit. The city does not have resources to clean up all these sites. Litter is a city-wide issue. July 26, 2004 Page 8 NEW BUSINESS CONTINUED Mayor Hurley asked Mr. Eilers to contact Noel Anderson, City Planner, to make his request and the city will intercede with the person renting the bench. Alvin Wright, 720 Sumner Street, spoke on the article in the Waterloo Courier on July 20, 2004 regarding comments made by Louis Cutwright, Building Official/Maintenance Administrator, that the city is not in compliance because lots are not large enough. City ordinance requires that the lot be 50 feet wide and a minimum area of 6,000 square feet. Mr. Wright stated that Mr. Cutwright admitted that the city is out of compliance. Mayor Hurley responded that Mr. Cutwright straightened out the ordinance so it would comply with state code. State law addressing manufactured homes states that a municipality cannot adopt an ordinance that holds manufactured homes to a higher standard than stick built homes. If we allow for stick built, then we must allow for manufactured homes. Mr. Wright asked why doesn't the city change the ordinance to comply with what taxpayers want. Mayor Hurley responded that the city is doing what is allowed under our ordinance. Mayor Hurley suggested Mr. Wright get with the City Attorney, Councilperson Kincaid and the City Clerk to draft language for the ordinance. Mr. Wright reported that people are paying $719.00 per month for these homes and asked how is that an affordable type of home when they are charging that much, and he stated that is ridiculous. Mr. Wright stated there are 31 other neighborhood associations, and they all feel the same way. Councilperson Gunderson asked if anyone had contacted Cedar Rapids or other cities to see how they address manufactured homes. Mr. Wright responded that he heard Cedar Falls and Evansdale do not allow them. Councilperson Gunderson stated he will meet with Mr. Myles and contact the City of Cedar Rapids to see if they are putting them up and what they are doing to stop them. Councilperson Gunderson stated he drove by the homes and they don't appear to be quality homes. Mr. Wright stated that they have been encouraging people not to buy them. Pete Ross, 420 Hewitt Street and a member of the Unity Neighborhood Association, invited everyone to see what is going on around the corner from his house where they are building two manufactured homes on one lot on Webster between Hewitt and Mobile Streets. Mr. Ross stated he knows the council does not allow them in their neighborhoods. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 120211 - Gunderson/Kincaid that the Council adjourn at 6:42 p.m. Ayes: Six. Absent: Greenwood. Motion carried. c'%.ncy Eckert, CMC City Clerk • •