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HomeMy WebLinkAboutMinutes-10/18/2004October 18, 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, October 18, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Tim Shea, Superintendent of Waste Management Services. 120622 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, October 18, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120623 - Welper/Kincaid that the Minutes, as amended, for the Regular Session on Monday, October 11, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring October 18-22, 2004 as National Business Women's Week. Mayor Hurley read a Proclamation declaring month of October 2004 as National Disability Employment Awareness Month. Mayor Hurley read a Proclamation declaring month of November 2004 as National Family Caregivers Month. CONSENT AGENDA 120624 - 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 October 18, 2004, in the amount of $1,738,807.88, pp. 1-77, 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. 2004-711. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of the following to the Main Street Board: Mike Butler and Julie Brunning, with term expiration date of June 2007; Sue Fangman, Sherryl Newton and George Warren, with term expiration date of June 2006; Chuck Orr, Joe Murphy and Dwight Fritts, with term expiration date of June 2005. 2. Michelle Weidner, Chief Financial Officer, to attend Iowa Municipal Finance Officers Association Fall Conference in Des Moines, Iowa on October 21-22, 2004, with costs not to exceed $205.00, including use of city vehicle. 3. Stacey Hogle and Willie Keller, School Resource Officers, to attend Drugs, Guns and Gangs Class in West Des Moines, Iowa on October 14, 2004, with costs not to exceed $388.00, including use of city vehicle. 4. Aaron McClelland, Police Officer, to attend Rifle Instructor School in Des Moines, Iowa on November 1-5, 2004, with costs not to exceed $488.00, including use of city vehicle. 5. Brian Weldon and Ritchie Hesse, Police Officers, to attend Region 3 Annual In -Service Training Conference in Des Moines, Iowa on October 17-21, 2004, with costs not to exceed $1,612.12, including use of city vehicle. c. Beer License Permit Application Class B Godfather's Pizza, 1946 Schukei Road (Renewal) (Expires 10/31/05) (Includes Sunday Sales) Black Hawk Tennis Club, 1005 Black Hawk Road (Renewal) (Expires 10/31/05) (Includes Sunday Sales) October 18, 2004 Page 2 Consent Agenda - continued d. Beer License Permit Application Class C Kum & Go, 3016 Marnie Avenue (Renewal) (Expires 12/10/05) (Includes Sunday Sales) Neighborhood Convenience Store, 916 Linn Street (Renewal) (Expires 10/8/05) (Includes Sunday Sales) Holiday Stationstore, 1604 LaPorte Road (Renewal) (Expires 11/30/05) (Includes Sunday Sales) Franklin Super Market, 1975 Franklin Street (Renewal) (Expires 11/11/05) (Includes Sunday Sales) e. Liquor License Permit Application Class E Franklin Super Market, 1975 Franklin Street (Renewal) (Expires 11/11/05) (Includes Sunday Sales) f. Wine License Permit Application Class B Franklin Super Market, 1975 Franklin Street (Renewal) (Expires 11/11/05) (Includes Sunday Sales) g• Outdoor Service Area Application Black Hawk Tennis Club, 1005 Black Hawk Road h. Cigarette Permit Application Jula's Liquor, 521 Dane Street i. Secondhand Goods Dealer License Application Hollywood Entertainment Corporation, 1511 E. San Marnan Drive j. Bonds. Ayes: Seven. Motion carried. HEARINGS 120625 - Schmitt/Welper that proof of publication of notice of public hearing on amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to creating a definition of a gaming facility and adding gaming facility as a permitted use in the "C -P" Planned Commercial District and the "M -2,P" Planned Industrial District and a special permitted use in the "M-2" Industrial District, as published in the Waterloo Courier on October 1, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120626 - 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: Seven. Motion carried. 120627 - Schmitt/Cole that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to creating a definition of a gaming facility and adding gaming facility as a permitted use in the "C -P" Planned Commercial District and the "M - 2,P" Planned Industrial District and a special permitted use in the "M-2" Industrial District", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120628 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. • • October 18, 2004 • • Hearings - continued 120629 - Schmitt/Welper Page 3 that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to creating a definition of a gaming facility and adding gaming facility as a permitted use in the "C -P" Planned Commercial District and the "M - 2,P" Planned Industrial District and a special permitted use in the "M-2" Industrial District", 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. Don Temeyer, Community Planning and Development Director, reported that the Planning, Programming and Zoning Commission looked at the potential for a gaming facility and recommended that a gaming facility be a permitted use in the "C -P" Planned Commercial District and "M -2,P" Planned Industrial District. The two companies competing for a gaming facility are currently located in "C-3" Central Business District and "A-1" Agricultural District. Both companies will be applying for the "C -P" Planned Commercial District at public hearings to be held by the council next week. The Planned Commercial District gives the council the authority to consider parking, traffic and other issues that could be unique to a casino development. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4735. 120630 - Kincaid/Gunderson that proof of publication of notice of public hearing on request of Richard Helgeson to rezone from "R-2" One and Two Family Residence District to "R-4,RP" Planned Residence District property generally located along Indiana Street between Lafayette and Dearborn Streets for the purpose of constructing a 60 -unit affordable assisted senior living facility, as published in the Waterloo Courier on October 1, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120631 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported that a letter of support was received from Marci Savage, President of Neighbors For Life Neighborhood Association. Neighbors For Life Neighborhood Association believes that this development would greatly enhance the quality of life and build a stronger community for their residents. Randy Herod, 111 Highland, asked the council not to suspend the rules tonight and pass this ordinance because this item will be addressed with similar projects. Mr. Herod stated that a lot of neighborhoods have put together petitions opposing projects like this one and will be bringing them before the council very shortly, probably by next week. Sandra Krug, 511 Adrian, stated she lives adjacent to this project, and they feel this project is a good addition to the neighborhood for our seniors. Ms. Krug stated they would rather keep the open green space, but they know change is going to happen and would rather have this project than some other change. Welper/Schmitt 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. 120632 - Kincaid/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 366 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. October 18, 2004 Page 4 Hearings - continued 120633 - Kincaid/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Greenwood, Gunderson. Motion failed. UNFINISHED BUSINESS 120634 - Gunderson/Kincaid that communication from Fire Chief transmitting recommendation to accept proposal in the amount of $23,908.00 from Dick Witham Ford of Waterloo, Iowa in conjunction with Purchase of 2005 Ford Ambulance Chassis be received, placed on file and "Resolution approving acceptance of said proposal", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-712. DOCUMENTS 120635 - Cole/Schmitt that communication from Associate Planner transmitting request of Kenneth Yuska for tax exemptions on improvements totaling $13,000.00 for property located at 1735 Logan Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-713. 120636 - Cole/Schmitt that communication from City Planner transmitting Preliminary Plat of Highland Crossing, together with staff report, Report of the City Engineer, Deed of Dedication and Certificate of Survey and legal description, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Don Temeyer, Community Planning and applications for low income housing tax Authority by November so applicants are credits make the units more affordable. credits themselves or sell it to someone on the money makes up for the discount. • Development Director, reported that credits are due to the Iowa Finance working on them right now. The tax The applicant can either use the tax with corporate income tax. The return Jon Coons, Vice President of Aequitas Real Estate, reported that individuals living in these units will have a salary range of $28,000 to $33,000. The units will have two or three bedrooms. Mr. Coons stated that they will be applying for housing tax credits with the Iowa Finance Authority. Mr. Coons reported he has similar developments in Des Moines, Iowa. Day-to-day managing of the units will be done by the current manager at the Emerson building. Mr. Coons stated that all the buildings will be built at once, with the anticipated completion date of July 2006. Projects using tax credits must be completed within two years. Mr. Coons stated the proposed development will be 52 units with 2,500 sq. ft. of land per unit, and they are looking at 10 density per unit. Mr. Temeyer stated that 2,500 sq. ft. of land is the minimum requirement in an "R-3" District. Mayor Hurley stated that approving the preliminary plat is a necessary step in order for the developer to move ahead with their application to the state for tax credits. Mr. Temeyer stated that the Final Plat of Highland Crossing will go before the Planning, Programming and Zoning Commission and the council. Mr. Temeyer stated that the developers for this project will be asking the council to support their application to the Iowa Finance Authority for tax credits. In addition, the Gandolph Group will ask for a resolution of support for tax credits for their development on Willow and Idaho. Mr. Coons stated the resolution of support is part of the competitive process and is important for the developer as ten points toward the award of tax credits. • • October 18, 2004 • • Documents - continued Page 5 Matt Boyd, 1422 Vine Streets, stated he has no objection to the preliminary plat at this time. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Six. Nays: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-714. 120637 - Cole/Schmitt that communication from City Planner transmitting Final Plat of Nottingham Second Addition, together with staff report, Report of the City Engineer, Deed of Dedication and Certificate of Survey and legal description, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven Resolution adopted and upon approval by Mayor assigned No. 2004-715. 120638 - Clark/Cole that communication from City Planner transmitting Preliminary Plat of Nottingham Third Addition, together with staff report, Report of the City Engineer, Deed of Dedication and Certificate of Survey and legal description, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-716. 120639 - Clark/Cole that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $87,600.00 from Exteriors Limited of Vinton, Iowa in conjunction with Metal Roof Restoration Storage/Repair Shop Water Pollution Control, 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 by Mayor assigned No. 2004-717. 120640 - Clark/Cole that communication from Associate Engineer transmitting Change Order No. 7 for a net increase in the amount of $32,500.00 for work to be performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with 18th Street Bridge and Approach Roadway, Contract No. 622, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 120641 - Cole/Kincaid that "Resolution supporting Richard Helgeson's application for low income housing tax credit for the development of 60 -unit affordable assisted senior living facility development along Indiana Street between Lafayette and Dearborn Streets", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood questioned if it would be proper to approve this resolution when the property is not properly zoned. Randy Herod, 111 Highland, asked the council to delay the resolution of support until the rezoning of the property has gone through three readings so that the neighborhoods can get all the facts together. The petitions from the Neighborhood Coalition specifically addresses these types of developments. Jim Walsh, City Attorney, stated he understands Mr. Herod needs time to put together the petitions, but the developer has a deadline to submit the application for tax credits to the Iowa Finance Authority. The developer cannot build without the proper zoning. October 18, 2004 Resolution to be Adopted - continued Page 6 Mr. Herod stated that the petitionsspecifically address approving these types of project. Mr. Herod stated that the developer can submit the application for tax credits without council approval. Mr. Coons responded that the developer receives 10 points for the resolution of support. Mr. Coons stated that they just need to show the state that they are in process of getting proper zoning. Councilperson Clark stated that he has been very vocal about development in Northeast Waterloo, but this project is not the same as the project he opposes. Councilperson Clark stated that this project is for a special segment of our community and includes assisted living, and he supports it completely. Councilperson Gunderson stated that he voted to not suspend the rules on the rezoning, but he does support this project. Councilperson Gunderson stated he voted no just to allow Mr. Herod time for his petitions. Councilperson Gunderson stated he feels the council should approve this resolution of support so the developer can get his points. Mayor Hurley suggested the council wait one week before voting on the resolution of support because citizens are collecting petitions. Councilperson Schmitt stated that there are three developers with three different complexes, all applying for tax credits. Councilperson Cole stated she would like to move forward. Councilperson Kincaid stated he wholeheartedly wants to move ahead with the resolution of support, and we have the support of the neighborhood association. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-718. ORDINANCES TO BE ADOPTED 120642 - Gunderson/Schmitt that "an Ordinance reducing the utility easement from 8 feet 8 inches to 5 feet on property generally located at 147 Treble Road and rescinding ordinance No. 4353 in its entirety", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. (See CR120602 dated October 11, 2004 for hearing) 120643 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120644 - Gunderson/Schmitt that "an Ordinance reducing the utility easement from 8 feet 8 inches to 5 feet on property generally located at 147 Treble Road and rescinding ordinance No. 4353 in its entirety", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4736. NEW BUSINESS 120645 - Cole/Gunderson that communication from Senior Planner transmitting request to set new date of hearing on the request to vacate a utility easement generally located at the northeast corner of Hammond Avenue and San Marnan Drive, just south of the Menard's Lumber yard and rescind Ordinance No. 4691 in its entirety, be received, placed on file and "Resolution setting date of hearing as November 1, 2004 at 5:30 p.m. in the City Hall Council Chambers on 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. 2004-719. • • r 18, 2004 • • New Business - continued 120646 - Schmitt/Cole Page 7 to instruct Superintendent of Central Garage to prepare specifications, form of contract, etc. in conjunction with the Purchase of an End Loader for the Street Department, be received, placed on file and approved. Ayes: Seven. Motion carried. 120647 - Schmitt/Welper that specifications, form of contract, etc. in conjunction with the Purchase of an End Loader for the Street Department, be received and placed on file. Ayes: Seven. Motion carried. 120648 - Schmitt/Cole that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with approved described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-720. 120649 - Schmitt/Kincaid that "Resolution setting date of hearing on specifications, form of contract, etc. as November 1, 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. 2004-721. ADJOURNMENT 120650 - Welper/Clark that the Council adjourn at 6:25 p.m. Ayes: Seven. Motion carried. gWAA-L Nancy kert, CMC City Clerk