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HomeMy WebLinkAboutMinutes-10/25/2004October 25, 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 25, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Greenwood, Clark, Schmitt, Gunderson, Welper. Absent: Cole. Moment of Silence. Pledge of Allegiance: Boy Scout Troop 29 - Grace Brethren Church: Jacob Petersen, Paul Schwake, Michael Schwake. 120651 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, October 25, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 120652 - Welper/Kincaid that the Minutes, as proposed, for the Regular 2004, at 5:30 p.m., be accepted and approved. Motion carried. Session on Monday, October 18, Ayes: Six. Absent: Cole. Mayor Hurley read a Proclamation declaring October 23-30, 2004 as Red Ribbon Week. CONSENT AGENDA 120653 - 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 25, 2004, in the amount of $1,824,229.74, pp. 1-59, 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. 2004-722. 2. Communication from City Engineer transmitting request of William Cozart for a waiver for an asphalt driveway to be located at 828 Hanna Boulevard, 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. 2004-723. 3. Communication from City Engineer transmitting request of Terry Lichty for a waiver for a concrete driveway to be located at 4750 Winghaven Drive, 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. 2004-724. 4. Communication from City Engineer transmitting request of Gene Sheetz for a waiver for a concrete driveway to be located at 611 Rooff 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. 2004-725. 5. Communication from City Clerk transmitting request of Hawkeye Community College for an exception to burning yard waste to burn approximately % acre of prairie grass located across from Hawkeye Center directly east of Campus Drive from October 27 - November 17, 2004, together with recommendation of approval of Leisure Services Director, Fire Chief and Superintendent of Waste Management Services, be received, placed on file and "Resolution approving said request", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2004-726. October 25, 2004 Page 2 Consent Agenda - continued 6. Communication from Police Chief transmitting request of Main Street Waterloo to hold Downtown Lights The Night event on November 27, 2004 from 5:45 p.m. to 8:00 p.m., with parade route to begin in public parking area under Hwy. 218 to Mulberry Street, Mulberry Street to 5th Street, 5th Street back to public parking area under Hwy. 218, be received, placed on file and "Resolution approving said request", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2004-727. b. Beer/Liquor License Permit Application Class C Hacienda Las Glorias III, 2822 University Avenue (Renewal) (Expires 10/14/05) (Includes Sunday Sales) Club 319, 229 East 4th Street (New) (Expires 9/07/05) (Includes Sunday Sales) Embassy Lounge, 225 East 5th Street (Renewal) (Expires 11/22/05) (Includes Sunday Sales) Club Thirty's, 1607 Sycamore Street (New) (Expires 10/07/05) (Includes Sunday Sales) c. Beer License Permit Application Class C Metro 66, 2332 Falls Avenue (Renewal) (Expires 11/13/05) (Includes Sunday Sales) Wine and Spirits, 2126 Kimball Avenue (New) (Expires 12/15/05) (Includes Sunday Sales) d. Wine License Permit Application Class B Wine and Spirits, 2126 Kimball Avenue (New) (Expires 12/15/05) (Includes Sunday Sales) e. Liquor License Permit Application Class E Wine and Spirits, 2126 Kimball Avenue (New) (Expires 12/15/05) (Includes Sunday Sales) f. Fireworks Display Application Columbus High School on October 29, 2004 g. Bonds. Ayes: Six. Absent: Cole. Motion carried. HEARINGS AND BIDS 120654 - Gunderson/Kincaid that proof of publication of notice of public hearing on Iry Warren Pro Shop Renovation, as published in the Waterloo Courier on October 8, 2004, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 120655 - 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. Ayes: Six. Absent: Cole. Motion carried. 120656 - Gunderson/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Iry Warren Pro Shop Renovation", be adopted. Ayes: Five. Nays: Greenwood. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-728. 120657 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Five. Nays: Greenwood. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-729. • • October 25, 2004 1 • Page 3 Hearings and Bids - continued 120658 - Gunderson/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Alt. Alt. Alt. Bid Bond Base Bid No. 1 No. 2 No. 3 Prairie Construction 5% $440,000 $21,000 $2,900 $2,000 Waterloo, IA Paul Christensen 5% $445,206 $50,300 $4,130 $3,700 Cedar Falls, IA Mike Huff Construction 5% $355,465 $18,614 $3,110 $2,344 Cedar Falls, IA Youngblut Contracting 5% $430,350 $28,800 $3,280 $4,300 Waterloo, IA Point Builders LLC 5% $471,000 $39,500 $3,050 $1,625 Cedar Rapids, IA Ayes: Six. Absent: Cole. Motion carried. 120659 - Gunderson/Welper that proof of publication of notice of public hearing on East and West Fifth Street Parking Ramps Deck Waterproofing, as published in the Waterloo Courier on October 11, 2004, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 120660 - 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. Ayes: Six. Absent: Cole. Motion carried. 120661 - Gunderson/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with East and West Fifth Street Parking Ramps Deck Waterproofing", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-730. 120662 - Gunderson/Welper that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-731. 120663 - Gunderson/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Square Foot Cost Bid Bond Bid Amount Add. Deck Coverage McGill Restoration, Inc. 5% $ 75,489.00 Omaha, Nebraska Western Waterproofing Co., Inc. 5% $102,293.00 West Des Moines, IA Restoration Systems, Inc. 5% $104,932.00 Chaska, MN Merit Construction Services, Inc. 5% $ 95,505.60 St. Paul, MN Ayes: Six. Absent: Cole. Motion carried. $1.65 $2.11 $2.50 $1.97 October 25, 2004 Page 4 HEARINGS 120664 - Schmitt/Greenwood that proof of publication of notice of public hearing on vacation of 50' platted right-of-way generally located in the 200 Block of Creston Avenue and rescinding Ordinance No. 4467 in its entirety, as published in the Waterloo Courier on October 11, 2004, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 120665 - 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. Ayes: Six. Absent: Cole. Motion carried. 120666 - Schmitt/Greenwood that "an Ordinance vacating 50' platted right-of-way generally located in the 200 Block of Creston Avenue and rescinding Ordinance No. 4467 in its entirety", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 120667 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 120668 - Schmitt/Greenwood that "an Ordinance vacating 50' platted right-of-way generally located in the 200 Block of Creston Avenue and rescinding Ordinance No. 4467 in its entirety", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4737. 120669 - Welper/Gunderson that proof of publication of notice of public hearing on request of Cedar Valley Gaming Co., LLC to rezone from "C-3" Central Business District to "C -P" Planned Commercial District property generally located along Commercial and Jefferson Streets, between near West 5th and West 6th Streets for the purpose of developing a gaming facility, as published in the Waterloo Courier on October 18, 2004, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 120670 - 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 was received signed by the Chairperson of the Waterloo Historic Preservation Commission and Executive Director of Main Street Waterloo. They expressed concern for the future of Fire Station No. 2 located at 716 Commercial Street that is at risk of being razed for a parking ramp with the downtown casino proposal. They appreciate the Cedar Valley Gaming Company's proposal and support the use of downtown infrastructure for a gaming facility, but feel Fire Station No. 2 contributes to Waterloo's heritage and is a valuable asset that should be preserved in its entirety. They urged the council to approve the rezoning with the condition that Fire Station No. 2 be preserved with the redevelopment of this area. They also asked the Cedar Valley Gaming Company to amend its proposal to preserve the building. Gary Hoyer, a Fort Madison attorney serving as project manager for the Cedar Valley Gaming Co., introduced Jim Sheerer, attorney for the company, Tunis Den Hartog, President of the Cedar Valley Gaming Co., and other members of the company. Mr. Hoyer thanked Don Temeyer and city staff for their assistance. Mr. Hoyer stated they are aware of the concerns for the historic building, and they are willing to work to resolve the concerns. Mr. Hoyer stated this project represents a major development in excess of $80 million with future local ownership. The plans include the renovation of the Russell Lamson building to its historic grandeur. Mr. Hoyer stated the Cedar Valley Gaming Co. is cognizant of historic preservation and understands the importance of historic projects in the community. Mr. Hoyer stated it was important that the rezoning request be approved without any conditions for purpose of the Cedar Valley Gaming Co. gambling application. Mr. Hoyer stated this is only the preliminary • October 25, 2004 Hearings - continued • Page 5 design. They have discussed incorporating the facade of the building into a restaurant in the casino or leaving the facade on the exterior of the parking ramp. Mr. Hoyer stated that other parking options for the building could be explored at the time the license is approved. Mr. Hoyer stated it is his understanding the facade of the building is in fairly good shape, but the rest of the building is in tough shape. 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: Cole. Motion carried. 120671 - Greenwood/Clark 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: Six. Absent: Cole. Motion carried. 120672 - Greenwood/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 120673 - Greenwood/Clark 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 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 Welper stated he is willing to approve the rezoning request, but asked if additional drawings will have to come back to the council. Don Temeyer, Community Planning and Development Director, stated the site plan includes removal of the fire station. The Planning, Programming and Zoning Commission unanimously approved the rezoning request. Mr. Temeyer stated that if the rezoning is approved, this item will not come back to the council. Mr. Temeyer stated the property owners have signed approval for the rezoning. Councilperson Welper stated he is concerned if he votes yes on this request, it is possible the building could be torn down. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Welper. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4738. 120674 - Schmitt/Kincaid that proof of publication of notice of public hearing on request of Isle of Capri Casinos, Inc. to rezone from "A-1" Agricultural District and "C-2" Commercial District with conditions to "C -P" Planned Commercial District property generally located at the northeast corner of Shaulis and Hess Roads for the purpose of developing a gaming facility, as published in the Waterloo Courier on October 18, 2004, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 120675 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mark Rolinger, counsel for Isle of Capri Casino, was present as was Bill Claassen. Welper/Greenwood 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: Cole. Motion carried. October 25, 2004 Page 6 Hearings - continued 120676 - Schmitt/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 367 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 120677 - Schmitt/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 120678 - Schmitt/Kincaid that "an Ordinance, Property", Ayes: Six. Ordinance amending Ordinance No. 2479, as amended, City Zoning by adding Subsection No. 367 to Section 2A-5, Rezoning Certain be considered and passed for the second and third times and adopted. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 120679 - Greenwood/Schmitt 4739. that proof of publication of notice of public hearing on request of Wilbert Burial Vault Company for a Development Agreement to develop 25,000 sq. ft. of industrial buildings on a 3.01 acre site generally located along Highway 63, just north of Cyclone Drive to allow expansion of existing business, with a minimum taxable value of $600,000.00, with the city to reimburse Wilbert Burial Vault Company for the purchase price of the land plus five percent interest through rebatement of taxes of 90 percent over a ten-year timeframe, as published in the Waterloo Courier on October 18, 2004, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 120680 - 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. Ayes: Six. Absent: Cole. Motion carried. 120681 - Greenwood/Schmitt that "Resolution approving said Development Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-732. REPORTS 120682 - Kincaid/Schmitt that "Snow and Ice Control Program and Policy for the City of Waterloo, be received, placed on file and "Resolution approving said program and policy", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated he became interested in reviewing the policy last year when he took office. The main change is in the maximum number of hours we will ask our employees to work. The policy was last modified in 1985. Mayor Hurley, a couple of council members and staff got together and went over the policy paragraph by paragraph and made some language change and looked at the list of Priority One streets and brought it up to date. The main change is Item 6 which describes the maximum number of hours an employee can work within a 24 hour period. The old policy allowed 16 hours and more of continuous work after an employee already worked an 8 hour shift. The new policy allows that employees will normally be limited to a maximum of 14 hours of work assignment within a 24 hour period. This is in consideration for the safety of employees, the public and liability exposure for the city. The new policy follows the recommendation of our liability carrier, St. Paul Travelers, to follow the Federal Motor Carrier Safety Administration. The Federal Motor Carrier Safety Administration recently revised the service hour restrictions for CDL drivers in the trucking industry. Officially, the city is exempt from these rules. Mayor Hurley stated that we will be adding additional people to the number of trained operators. • October 25, 2004 • • Reports - continued Page 7 Mayor Hurley stated he intends to have public communication with citizens in the near future asking them to cooperate when a snow emergency is declared. The city will concentrate on Priority 1 streets, and where the new policy will be felt the most is in Priority 3 streets, which includes residential areas. Mayor Hurley stated when there is a heavy snowfall, the city will concentrate on Priority 1 streets and then Priority 2 and Priority 3 streets. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-733. DOCUMENTS 120683 - Clark/Schmitt that communication from Community Planning and Development Director Release of Real Estate Mortgage with Consumer Credit Counseling Iowa for payment in full of Loan No. RED -28, be received, placed "Resolution approving said release of real estate mortgage", be Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-734. 120684 - Clark/Schmitt transmitting of Northeast on file and adopted and that communication from City Planner transmitting an application with Iowa Emergency Management Division through the Federal Emergency Management Agency for Hazard Mitigation Grant funding in the amount of $250,000.00, with 15 percent local match and 10 percent state match, in conjunction with acquisition of Litzkow Salvage Operation located within the Floodway District on Black Hawk Road, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, stated that there is a good chance of receiving the grant, but it will depend on the number of applications received by the state. Mr. Temeyer stated that there have been discussions with Mr. Litzkow and his neighbors to make Mr. Litzkow stay within the boundaries set by the court. Mr. Temeyer stated at this time we aren't even sure if the city can come to an agreement with Mr. Litzkow on the price for the property. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-735. 120685 - Clark/Schmitt that communication from City Planner transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments to administer Flood Hazard Area Home Buyout/Mitigation Grant Program in conjunction with acquisition of Litzkow Salvage Operation located within the Floodway District on Black Hawk Road, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-736. RESOLUTIONS TO BE ADOPTED 120686 - Clark/Schmitt that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Martin Road Tax Increment District, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-737. October 25, 2004 Resolutions to be Adopted - continued 120687 - Clark/Schmitt Page 8 that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with San Marnan Tax Increment District, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-738. 120688 - Clark/Schmitt that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Airport Tax Increment District, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-739. 120689 - Clark/Schmitt that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Cattle Congress Tax Increment District, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-740. 120690 - Clark/Schmitt that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Northeast Industrial Tax Increment District, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-741. 120691 - Clark/Schmitt that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Downtown Tax Increment District, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-742. 120692 - Clark/Schmitt that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Rath Tax Increment District, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-743. 120693 - Gunderson/Welper that "Resolution endorsing the use of Metropolitan Enhancement Funds in the amount of $50,000.00 for development of a trail head adjacent to the Cedar Valley Lakes Trail", be adopted. Prior to a vote on the above motion, the following comments were heard. October 25, 2004 • • Resolutions to be Adopted - continued Page 9 Don Temeyer, Community Planning and Development Director, reported that these are Federal Highway Administration Funds which are allocated to the Iowa Department of Transportation. The Black Hawk Metropolitan Area Transportation Policy Board annually allocates the funds for designated projects. The local jurisdiction has to adopt a resolution endorsing the use of the Metropolitan Enhancement funds. Mr. Temeyer reported that the trail is on Donald Street from Logan Avenue to the Cedar River and Donald Street to the west. It is possible that the city would need to acquire property for the trail, but that is unknown at this time because the design for the project is not completed. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-744. 120694 - Gunderson/Welper that "Resolution endorsing the use of Metropolitan Enhancement Funds in the amount of $241,952.00 for development of a segment of the Donald Street Trail", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-745. 120695 - Welper/Kincaid that the list of Priority One Snow Removal Streets for the City of Waterloo, be received, placed on file and "Resolution approving said list", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-746. 120696 - Schmitt/Welper that "Resolution approving installation of 25 mph speed hump in the middle of Saratoga Drive between Rudi Place and Cataract Avenue at a cost not to exceed $3,500.00", be adopted. Prior to a vote on the above motion, the following comments were heard. Sandie Greco, Superintendent of Traffic Operations, reported that staff is in the process of conducting traffic studies for some temporary speed humps, but this speed hump is permanent. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-747. 120697 - Welper/Schmitt that "Resolution supporting Highland Crossing I, LLP for an Iowa Finance Authority tax credit project for affordable housing development along Idaho Street north of Stokes Manor", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark encouraged the council not to approve this resolution. Councilperson Clark stated he would like the city to focus on single family housing for the Northeast Side. Councilperson Kincaid stated he has a problem with this request because of its location by the railroad. Councilperson Kincaid stated he is for new housing projects, but there are other areas in the Fourth Ward where we could put them. Councilperson Greenwood stated that there is over concentration of low-income housing in the Northeast part of the city. Councilperson Greenwood stated the adjacent historic neighborhood has spent a lot of time upgrading the area, and this puts that at risk because of the low-income housing. Councilperson Greenwood stated it will also put pressure on the schools. Councilperson Greenwood stated he will not support this resolution. Don Temeyer, Community Planning and Development Director, stated that support from the council is just one aspect of the rating by the state whether the council does or does not support the application for tax credit. October 25, 2004 Page 10 Resolutions to be Adopted - continued Matt Boyd, 1422 Vine Street and President of the Highland Neighborhood Association and a member of the Neighborhood Coalition, submitted a petition requesting the city initiate a 24 month moratorium on approving multi -family dwellings of new construction. Mr. Boyd stated the residents asked for more people and development, but they wanted more than warm bodies, they wanted homeowners and good solid developments. Mr. Boyd noted that the majority of those signing the petition live in the Highland area. Mr. Boyd suggested that before anything is approved by the city for any neighborhood, he thinks it would be a good idea if it is first brought to the neighborhood associations. Randy Herod, 111 Highland, stated that additional petitions will be presented to the council as more petitions are being circulated and not just in the Highland area, but there are concerns for the CURA. Charles Myles, 637 Adams, stated that these people come in from out of state and asked how could the city let that happen. Mr. Myles stated there is a need for shopping areas in this part of town, and they need more buildings like the Hy - Vee store. Councilperson Welper stated that he supports the citizens on the Eastside for development. Councilperson Welper stated for the past three years the city has tried to get development on the Eastside and that is just starting, with three possible projects that could happen and we need to support all three. Councilperson Welper stated that these projects bring in stores, dry cleaners, etc. Councilperson Welper stated he feels we need to start somewhere, and he will support this resolution. Following comments a vote was taken on the above motion with the following result. Ayes: Two. Nays: Kincaid, Greenwood, Clark, Gunderson. Absent: Cole. Motion failed. ORDINANCES TO BE ADOPTED 120698 - Kincaid/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 368 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second time. (See CR 120631 for hearing on request of Richard Helegson to rezone from "R-2" One and Two Family Residence District to "R -4,R -P" Planned Residence District property generally located along Indiana Street between Lafayette and Dearborn Streets for the purpose of constructing an affordable assisted living facility.) Prior to a vote on the above motion, the following comments were heard. Councilperson Kincaid stated that this rezoning request is supported by the neighborhood association. Matt Boyd, 1422 Vine Street, stated that this type of facility is different and is one members can support as this project is senior assisted living. Mr. Boyd stated the complaint about Highland Crossing is the compactness of the project. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Motion carried. 120699 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 120700 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding. Subsection No. 368 to Section 2A-5, Rezoning Certain Property", be,considered and passed for the third time and adopted. Ayes: Six. Absent: Cole. (See CR 120631 for hearing on request of Richard Helegson to rezone from "R-2" One and Two Family Residence District to "R -4,R -P" Planned Residence District property generally located along Indiana Street between Lafayette and Dearborn Streets for the purpose of constructing an affordable assisted living facility.) Ordinance adopted and upon approval by Mayor assigned No. 4740. .tober 25, 2004 • • Ordinances to be Adopted - continued 120701 - Gunderson/Kincaid Page 11 that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (4) Newton Street of Section 568, Two Hour Parking Between 8:00 a.m. and 4:00 p.m.(remove restricted two hour parking between 8:00 a.m. and 4:00 p.m. on the south side of the 900 block of Newton Street)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 120702 - Gunderson/Greenwood that rules requiring ordinances to be considered and voted for prior meetings be suspended. Ayes: Six. Absent: Cole. Motion 120703 - Gunderson/Schmitt that "an Ordinance amending the 2003 Traffic Code by repealing Newton Street of Section 568, Two Hour Parking Between 8:00 p.m.(remove restricted two hour parking between 8:00 a.m. and 4: south side of the 900 block of Newton Street)", be considered and second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4741. 120704 - Clark/Greenwood that "an Ordinance Pleasant Street to Street at Pleasant for the first time. 120705 - Clark/Schmitt amending the Section 545, Street)", be Ayes: Six. passage carried. at two Subsection (4) a.m. and 4:00 00 p.m. on the passed for the 2003 Traffic Code by adding Subsection (31a) Yield Streets (installing Yield signs on Allen received, placed on file, considered and passed Absent: Cole. Motion carried. that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 120706 - Clark/Greenwood that "an Ordinance amending the 2003 Traffic Pleasant Street to Section 545, Yield Streets Street at Pleasant Street)", be considered and times and adopted. Ayes: Six. Absent: Cole. Code by adding Subsection (installing Yield signs on passed for the second and Ordinance adopted and upon approval by Mayor assigned No. 4742. NEW BUSINESS 120707 - Gunderson/Kincaid (31a) Allen third that communication from City Engineer transmitting Reconstruction and Overlay Street Improvements Lists for 2005, be received, placed on file and "Resolution approving said lists", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if the list goes through the neighborhood meetings. Mayor Hurley responded the list does not go to the neighborhoods. This street list is objectively graded and each ward is awarded an equal amount. In addition, council members or citizens sometimes bring special needs and the list is changed. Eric Thorson, City Engineer, reported that a rating system is used, and we also consider comments received from council members and citizens. Mr. Thorson stated the list is always subject to change. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-748. October 25, 2004 Page 12 ORAL PRESENTATIONS 120708 - Mayor Hurley announced that the Superintendent of Waste Management Services is asking citizens using the yard waste site on Easton Avenue to remember to remove the yard waste from plastic bags and containers and take the containers with them. Leaving the containers increases the cost for this service. Charles Myles, 1422 Vine Street, sated that last week his daughter got into an accident, called the Police Department and asked the Police Officer to write a report. The Police Officer said he did not file any report because he did not see the accident. Mr. Myles stated the Police Officer said it was not part of his job. Mayor Hurley asked Mr. Myles to provide Police Chief Tom Jennings with the date of the accident and names of individuals involved, and he will investigate. Welper/Gunderson that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 120709 - Clark/Gunderson that the Council adjourn at 6:51 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy ckert, CMC City Clerk • 1