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HomeMy WebLinkAboutMinutes-11/08/2004November 8, 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, November 8, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt via telephone, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Steve Decker, Superintendent of Streets. 120760 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, November 8, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120761 - Welper/Kincaid that the Minutes, as amended, for the Regular Session on Monday, November 1, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley spoke regarding Item 9 on tonight's agenda. Mayor Hurley stated the intent last Friday was to set the date of March 1, 2005 on the referendum on the one percent local option sales and service tax, which would allow a couple of weeks to iron out the ballot language. This morning in conversations with the Election Office and the Secretary of State Chapter 47.6 of the Iowa Code states if a public measure will appear on the ballot at the special election the governing body shall submit the complete text of the public measure to the Commissioner of Elections with the notice of the proposed date of the special election. CONSENT AGENDA 120762 - Welper/Kincaid 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, dated November 8, 2004, in the amount of $619,562.20, pp. 1-76, 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. 2004-773. 2. Communication from City Engineer transmitting request of David Leonhart for a waiver for a concrete driveway to be located at 111 Frederic Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2004-774. b. Motion to approve the following: 1. Communication from Community Planning & Development Director transmitting recommendation of appointment of Coretta Crawley to the position of Housing Coordinator, effective at a mutually agreed upon date. 2. Communication from City Clerk transmitting recommendation of appointment of Jean Clausen to the position of Administrative Secretary, effective November 16, 2004. 3. Mohammed Elahi, Traffic Engineer; Randy Heiberger, Signal Technician Foreman; and Doug Eldridge, Signal Technician II, to attend 2004 Brown Traffic Products, Inc. User's Group Conference in Davenport, Iowa on December 6-8, 2004, with costs not to exceed $175.00 each, including use of city vehicle. 4. Keith Kearns, Treatment Operations Foreman, to attend Iowa Association of Municipal Utilities Water and Wastewater Operators Training Workshop in Des Moines, Iowa on November 16-18, 2004, with costs not to exceed $370.00, including use of city vehicle. 5. Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Forrest Graves to the position of Sewer Maintenance Worker, subject to passing physical examination and drug test. November 8, 2004 Consent Agenda - continued Page 2 c. Liquor License Permit Application Class E Hy -Vee Food Store, 306 Byron Avenue (Renewal) (Expires 3/23/05) (Includes Sunday Sales) d. Liquor License Permit Application Class A The Supervisors Club, 3265 DeWitt Road (Renewal) (Expires 11/9/05) (Includes Sunday Sales) e. Bonds. Ayes: Seven. Motion carried. DOCUMENTS 120763 - Clark/Gunderson that communication from City Engineer transmitting Construction Plans for Borwig Sanitary Sewer (private sewer serving Borwig Lane), as submitted by Shoff Consulting Engineers of Cedar Falls, Iowa, and Sewage Treatment Agreement with Department of Natural Resources, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-775. 120764 - Clark/Gunderson that communication from City Engineer transmitting Notice of Discontinuation of Storm Water Discharge covered under Iowa NPDES General Permit 2 for construction activities in conjunction with F.Y. 2003 Industrial Park GT Drive Extension Project, Contract No. 663, RM -8155(658)-9D-07, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-776. 120765 - Clark/Gunderson that communication from General Manager of Waterloo Water Works transmitting Release of Real Estate Mortgage for Delbert and Carolyn Kaufman, 9215 Kimball Avenue, for payment of Promissory Note and Mortgage in conjunction with Kimball South Rural Water Main Project, be received, placed on file and "Resolution approving said release of mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-777. 120766 - Clark/Gunderson that communication from General Manager of Waterloo Water Works transmitting Release of Real Estate Mortgage for Jay and Sharon Messer, 9009 Douglas Drive, for payment of Promissory Note and Mortgage in conjunction with Kimball South Rural Water Main Project, be received, placed on file and "Resolution approving said release of mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-778. 120767 - Clark/Gunderson that communication from Mayor Hurley transmitting University of Northern Iowa Institute of Decision Making sessions with staff and Council Members at a cost of placed on file and "Resolution approval said proposal" authorized to execute same. Ayes: Seven. proposal submitted by to conduct goal setting $1,900.00, be received, , be adopted and Mayor Resolution adopted and upon approval by Mayor assigned No. 2004-779. • • November 8, 2004 • • Documents - continued 120768 - Clark/Gunderson Page 3 that communication from Leisure Services Director transmitting Change Order No. G-1 for a net increase in the amount of $6,552.00 for work performed by Paul G. Christensen Construction of Cedar Falls, Iowa in conjunction with Gates Pro Shop ADA Restroom Addition, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 120769 - Gunderson/Welper that "Resolution canceling an assessment in the amount of $1,060.00 for 132 Hope Street for work performed by the Water Works", be adopted and City Clerk instructed to notify the Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-780. 120770 - Welper/Kincaid that "Resolution calling for a public referendum on March 1, 2005 to authorize the imposition of a local sales and service tax in the City of Waterloo at the rate of one percent to be effective on January 1, 2006", be adopted and City Clerk is directed to notify the Black Hawk County Elections Commissioner and the Black Hawk County Board of Supervisors of same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated the date of March 1, 2005 was chosen because it allows six months if the referendum fails, with September 27, 2005 the last date if we need it. Mayor Hurley read the language of the ballot as follows: Zero percent (0%) of said local option sales and service tax is to be used for property tax relief. One hundred percent (100%) of Iowa, be designated for (1) streets, curbs, structures, improvement of streets, but matching funds are available, Waterloo. the revenue generated in the City of Waterloo, reconstruction/repair/replacement of existing storm sewers; and (2) the construction/ only for projects for which state or federal all within the corporate limits of the City of Mayor Hurley stated the main point is that zero percent will be used for property tax relief and 100 percent is to be used for streets. With very tight, specific conditions, it could be used for new streets when we receive grants such as RISE funds for industrial and economic development. Mayor Hurley stated that we currently bond an average of $750,000 per year for new streets and pay that back with interest on a 15 -year bond, which is funded through the Debt Service and paid with our property taxes. Mayor Hurley stated that about 10 percent of the sales tax revenue would go for new streets which will still allow the city to keep our schedule on fixing streets. Mayor Hurley stated that over the past six months, there have been meetings with our sister cities, legal and survey was conducted. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-781. ORDINANCES TO BE ADOPTED 120771 - Kincaid/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 370 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second time. (See CR 120724 for hearing on request of Willow Springs Estates, LP to rezone from "R-2" One and Two Family Residential District to "R -3,R -P" Planned Multifamily Residential District property generally located at the northwest corner of Willow Street and Idaho Street for the purpose of constructing a 60 - unit affordable family housing development.) Prior to a vote on the above motion, the following comments were heard. November 8, 2004 Page 4 Ordinances to be Adopted - continued Randy Herod, 111 Highland, stated the feeling is that most of the signatures on the petition are Highland Neighborhood residents objecting, but it is not. Last week there were seven neighborhoods represented on the petition, and even some from outside of the Consolidated Urban Revitalization Area. Mr. Herod stated that none of them are aware of any neighborhood that supports it. Mr. Herod stated they were all taken back by Councilperson Welper's comment that he was offended by suggestions that the area was too nice for low-income people to live in as the neighborhoods have not said this. Mr. Herod stated the neighborhoods hate to see this area be targeted and bind the residents to live in apartments, but they would rather have a project where they could buy themselves out at some point and own the place they are living in. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Greenwood, Clark, Gunderson. Motion carried. 120772 - Welper/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Four. Nays: Greenwood, Clark, Gunderson. Motion failed. Schmitt now absent at 5:57 p.m. NEW BUSINESS 120773 - Cole/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount the amount of $1,060.00 for work performed by the Water Works at 132 Hope Street, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify the Black Hawk County Treasurer of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2004-782. 120774 - Cole/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,619.63 for work performed by the Water Works at 233 Prospect Avenue, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2004-783. 120775 - Cole/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $504.00 for work performed by the Water Works at 2272 Independence Avenue, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2004-784. ORAL PRESENTATIONS 120776 - Mike McNamee, 1155 Independence Avenue, stated he wished to speak on a matter that is important to many of those who live on the Eastside of Waterloo and specifically the neighborhood of the Highland and City View area. Two weeks ago, they became aware of a second housing project being proposed for their area. This was the Willow Springs Estates project, which was the first proposal. The second proposal they found out about was the Highland Crossing proposal. The first phase for this construction was to be for 52 units of low- income housing built on Idaho Street across the street from the Highland Neighborhood District. This was then to be followed by phases two and three, which would eventually construct 152 units of low-income housing in that specific area. Mr. McNamee stated they are concerned these units are not compatible with their neighborhood, and they were able to garner 350 signatures in a short amount of time opposing these units. • • November 8, 2004 Oral Presentations - continued Page 5 Mr. McNamee stated after discussion by the council, the council voted 4 to 2 not to grant a letter of support for this project, and those most affected by these units were grateful to the council in taking their concerns into account and voting not to support this project. Mr. McNamee stated last week he read with surprise that Councilperson Cole again brought this matter up because she was not present to vote on the subject. Mr. McNamee stated Councilperson Cole knew this matter was on the council agenda last week and could have asked for this to be scheduled for a later date, but she did not. Furthermore, the vote at that time was 4 to 2 against the letter of support so if she had been here to vote, it would have been 4 to 3 against the letter of support. Mr. McNamee stated it is a mystery to him why this was brought up again when this matter, in his mind and other neighbors in the area, was already decided. These low-income rental properties are not compatible with their neighborhoods. As Councilperson Clark correctly identified they are good for the company that is going to built the rental units, but they are not necessarily good for Waterloo. Mr. McNamee asked if anyone really thinks the company looked at Waterloo and decided on its own it would be a good idea to build low -rent housing in this area. This is purely a business venture and a money making project for this company. They will not live here in our community, the money will not stay in our community, and they will not be here to deal with the problems that arise when these properties deteriorate as they normally do. Mr. McNamee stated Councilperson Clark was correct when he said this land is a prime building site, and many agree and feel this site should be treated as a prime building site. If residential properties are to be built on this site, the city should be trying to attract builders who will construct single family homes with basements and garages that they can afford and take pride in ownership. Mr. McNamee stated he noticed in the Waterloo Sunday Courier that the city has building plans and zoning restrictions for projects developed for the Riverfront Corridor. Mr. McNamee quoted from the article that these plans call for business and residential developments that would be appropriately lumped together. Further quoting from the Courier, the council would have a chance to review each development and make sure it is compatible. Mr. McNamee stated they feel the city should be planning the same foresight and restrictions for residential properties on the Eastside of Waterloo, and they should not be forced to settle for clusters of low-income housing in this area. Mr. McNamee stated that Waterloo and the Eastside have been fighting an underserved bad image for years. Clustering more low-income housing on the Eastside will continue to promote this image, that the only things worth building on the Eastside are more car lots, more rent -to -own stores and more low-income housing. Mr. McNamee stated if the council promotes and builds affordable, well -constructed homes in their neighborhoods, people will buy them. Mr. McNamee stated that earlier this fall, a company out of Parkersburg bought and renovated an old, unoccupied two-story structure in the 1100 block of Independence Avenue. After they completed the renovation, within 48 hours of putting this property on the market, they received a dozen bids to buy this house. This is a good example what can happen if you have foresight and vision. Mr. McNamee stated he read with regret comments made by Councilperson Welper at the last council meeting. Those comments were unwarranted as this is not about keeping people out as they have a racially and economically diverse neighborhood and would gladly welcome new construction that is compatible with their neighborhood. Mr. McNamee stated this is the only historic neighborhood in Waterloo, and if he wants to change a window or door or put a roof on his home, he is required to go before the city's Historical Commission to seek approval. This is done to keep the integrity of their neighborhood the way it is, and he does not think it is too much to ask the city help them keep this integrity. Mr. McNamee stated he also noticed in the Sunday Courier an article about David Deeds, who is building two-story Victorian style homes in a dilapidated, run-down part of Cedar Falls, and this is exactly the kind of developer Waterloo should be trying to attract to our areas. Of further interest was $10,000 the Cedar Falls Community Development Board is providing for these homes and additional $13,500 incentives that are available through a state program to help qualified homeowners get into these homes, and this is another example of what can be done. Mr. McNamee asked the council to rethink its position and not support the Highland Crossing proposal as there are better alternatives for this land which will help stabilize and improve their property values that are more compatible with their neighborhoods. Mayor Hurley responded the house Mr. Deeds is developing is in Waterloo and the Community Development money is Waterloo Community Development money. Mr. Deeds' current project is on Lafayette Street between East 7th and East 8th Streets. Mayor Hurley stated it is within the bounds of the council's prerogative that anyone on the prevailing side or who was not present at the vote may bring an issue up again within a week. Mr. McNamee stated he does not believe its in the best interest or fairness to do that without letting the other side have a chance to respond. November 8, 2004 Oral Presentations - continued Page 6 Mayor Hurley noted that the council gave a letter of support to just one of the entities. Mayor Hurley stated nothing is for real, all these people are looking for tax credits. The city endorsed one of the projects, and it seemed to council not fair to not endorse the other project and at least put them on a even playing field because there will probably be only one development granted the tax credits. Mayor Hurley stated if they don't get the tax credits, its probably not going to happen. Mr. McNamee stated he believes the difference is there is an historic neighborhood in that area, and the project is right across the street from Highland. Don Temeyer, Community Planning and Development Director, stated the Highland Historical District cuts through probably ten houses west of Idaho Street, and many of those houses can put up vinyl siding and are not required to go before the Historical Commission. Mr. McNamee stated people, rightfully or wrongfully, view the Historic Area as bounded by Steeley, Independence and Idaho. Matt Boyd, 1422 Vine Street, stated the boundaries of the Highland Neighborhood Association are Idaho Street, that is the easterly boundary. Ann Olsson, 1972 Newell Street and a member of City View Neighborhood Association, stated when the Gandolf Group was here the first time she spoke in favor of them, but she was speaking for herself, not the entire neighborhood. Ms. Olsson stated she wanted it clear that the entire neighborhood does not have a consensus with this as there are some people in support and some people against. Ms. Olsson stated that concerning the quality of these two developments, she still favors the Gandolf development because it is single story, looks like houses, and looks more compatible with the rest of the neighborhoods around that area. Ms. Olsson stated that the Highland Crossing development is much closer to Highland, it is two story, they look like apartments and are not compatible with the neighborhood, let alone an Historic District. Ms. Olsson stated in her view she would strongly support either don't do any or at least support the Gandolf development so they have a chance to get this money as opposed to the other development. Ms. Olsson stated she feels the Gandolf development is a far better quality unit, as the Highland Crossing proposal is three and four bedroom homes, they are two stories and do not look like houses and are not the same quality as the Gandolf project. Bernie McKinley, 28 Silver Lake Drive, stated his purpose in coming tonight was to address what the city was going to use the sales tax for. Mr. McKinley congratulated the Mayor for his wisdom, and he believes the council has helped the city for years to come by their action of putting 100 percent of the revenue into the streets. Mr. McKinley thanked Mayor Hurley and Council Members for serving. Sally Kelly, 234 Prospect Avenue, stated she grew up on the Eastside of Waterloo, other than a couple of years when she lived outside of Waterloo, and she came back to Waterloo and chose to live on the Eastside of Waterloo. Ms. Kelly stated it is a good area for a lot of reasons. Ms. Kelly stated in the Highland Area, they are as diverse as any area in the community, and she thinks they should be commended. Ms. Kelly stated the reason they can do this is they have the Highland Neighborhood Association and in order to have their homes there they have to jump through hoops. They can't put on siding, and she has to do whatever she can to meet their regulations. Ms. Kelly stated we all know what happens when you have these high-rise places. Ms. Kelly stated no one can tell one place in this community, Iowa, or the United States that has ever had a good outcome of those high rise apartments. Ms. Kelly stated she feels the comment by Councilperson Welper was unjust in that he would even consider that would be one of the options because they show they live in a diverse neighborhood. Ms. Kelly stated she loves her neighborhood and community, and there is no one who can justify having those crazy apartments, its not good for the people either, just more things bad that could happen to them. Bonnie Leitz, 331 Independence Avenue, stated she is strongly protesting the one percent sales tax. Ms. Leitz stated in 2002 they protested that East Waterloo was not getting the streets, so they told them they would do the 200, 300 and 400 block of Flower. Then they were told it was a bad construction season, and they would do it in 2004 and would do the 100 and 200 block of Irving Street. Ms. Leitz stated the construction season is almost over, and there is nothing being done. • • November 8, 2004 Oral Presentations - continued Page 7 Ms. Leitz stated the city did a wonderful job on Lafayette Street, right down to the corner of Lafayette Street and East 11th Street where they took out the storm sewer and paved it over. Ms. Leitz stated there is a big puddle that sits there now where it should drain. Ms. Leitz stated if we are going to have streets done, do them but don't tell them you are going to do them and then forget about them. Mayor Hurley responded that a question came up in his office last week about Fowler Street, and he talked to Mr. Thorson's office about it, and there are some valid concerns that held that it up. The city would like to get that done. Mayor Hurley stated the city is waiting as it is a matter of putting an overlay down and having to come back a couple years later and tear it all up again. Mayor Hurley stated that is not good use of the local option sales tax money. Ms. Leitz asked that the 300 block of Lane be added. James Robison stated he was involved in a criminal case, and he has asked the Police Chief and met with the Chief about the nature of those two statements and can't get an answer. Mr. Robison distributed copies of the case to Mayor Hurley and City Attorney Jim Walsh. Mr. Robison stated he can't get a straight answer. The Police Chief told him on the phone the statements could have been computer generated. Mr. Robison stated he contacted the defendant's original attorney in Iowa City. Mr. Robison stated he needs some good police work on the case, and basically he was convicted for not appearing in court as a witness because he had to take his mother to Florida because his uncle was dying. Mr. Robison stated he came back and his mother died, and he did not know about the statements until he went through her things. Mr. Robison stated he is trying to figure out how he even became a witness in this case. Mayor Hurley stated this is not the best forum for this item. Mr. Robison stated he is not going to spend a dime, he is not going to hire an attorney, and they need to give him a straight answer and something went wrong in this case. Mr. Robison said the charges are over and now he is trying to figure out how he got involved in this case and who made him a witness. Mayor Hurley commented that he does not think we want to answer this in open council session. Mr. Robison stated he does not want his reputation smeared as a result of this when he did not have anything to do with it, he is not that type of person. Mr. Robison stated he will open the whole case if necessary. Mr. Robison stated he called Councilperson Gunderson on the phone and did not appreciate his comments. Mr. Robison stated he expects as a Councilperson he would look for justice. Mayor Hurley stated he will look into the request and will get back to Mr. Robison this week. Dolly Fortier stated she would like to express her concerns regarding the proposed development on the Eastside. Ms. Fortier stated they have a group home for the physically and mentally challenged called the Idaho Home, just behind Pinecrest. Ms. Fortier stated there is a senior complex and to put 52 units at that location, there will be at least 104 vehicles coming out on a two-lane street with a grade school just a short distance away. Ms. Fortier asked the council to consider these concerns. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. ADJOURNMENT 120777 - Welper/Cole that the Council adjourn at 6:20 p.m. Ayes: Six. Absent: Schmitt. Motion carried. Nancy E ert, CMC City Clerk