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HomeMy WebLinkAboutMinutes-09/20/2004• • September 20, 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, September 20, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Clark, Schmitt, Gunderson, Welper. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Cammie Scully, Director of Cultural & Arts Commission. 120454 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, September 20, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six., Absent: Greenwood. Motion carried. 120455 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on 'Monday, September 13, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six., Absent: Greenwood. Motion carried. Presentation by Scott Jordan of Waterloo Fire Rescue's "Roil Call" print. CONSENT AGENDA 120456 - Welper/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-75,j dated September 20, 2004, in the amount of $1,469,041.11, 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. 2004-632. 2. Communication from City Clerk transmitting request of Breath of Life Church for a variance to the Noise Ordinance on September 26, 2004, from 5:00 p.m. to 7:00 p.m., in conjunction lAfith a Christian band performing in Lafayette Park, together with recothmendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2004-633. 3. Communication from Police Captain transmitting request of Pathways Behavioral Services to hold Take the Path to Resore�Your Community 5K run/walk on October 30, 2004, beginning at 9:00 a.m., with race to begin and end at Valley View Park, located at the corner of Maynard and Greenhill Road. Resolution adopted and upon approval by Mayor assigned No. 2004-634. 4. Communication from Police Chief transmitting request of East High School to hold Homecoming Parade on Oct¢ber 1, 2004, from approximately 2:15-3:15 p.m., with parade to tra'.rel west on Lime to E. 4th Street, south on E. 4th Street to Sycamore Street, east on Sycamore Street to E. 6th Street, north on E. 6th Street onto Martin Luther King Jr. Drive to Barclay Street, travel west on Brclay Street to Vine Street, turning on Vine Street to end on the south side of the school. Resolution adopted and upon approval by Mayor assigned No. 2004-635. b. Motion to approve the following: 1. Barry Stratton, Code Enforcement Officer, to attend Improving Property Maintenance Code Inspection and Enforcement Skills course in Madison, Wisconsin, on December 5-8, 2004, with costs not to exceed $1,125.00, including use of city vehicle. 2. David Taylor, Police Lieutenant, to attend American Society of Law Enforcement Trainers Conference in Jacksonville, Florida, on January 3-9, 2005, with costs not to exceed $1,069.00. September 20, 2004 Page 2 CONSENT AGENDA CONTINUED 3. Communication from Mayor Hurley transmitting recommendation of reappointment of Cindy Wells to the Library Board of Trustees, with term expiration date of June 30, 2010. c. Beer/Liquor License Permit Application Class C CU & The Cellar, 320 East 4th Street (Premise Update) d. Beer License Permit Application Class C MS Petroleum, Inc., 2100 Lafayette Road (New) (Expires 11/3/05) (Includes Sunday Sales) Aldi, Inc., 1918 Schukei Road (Renewal) (Expires 11/3/05) e. Wine License Permit Application Class B Aldi, Inc., 1918 Schukei Road (Renewal) (Expires 11/3/05) f. Fireworks Display Application West High School, 425 E. Ridgeway Avenue at Memorial Stadium on 10/16/04. g. Bonds. Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 120457 - Schmitt/Kincaid that proof of publication of notice of public hearing on request of R & B Enterprises, LTD, Corp. for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at the southwest corner of Bishop Avenue and Martin Luther King Jr. Drive, just south of the Northeast Industrial Park, to construct 95,000 sq. ft. of new industrial buildings, as published in the Waterloo Courier on September 14, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 120458 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. 120459 - Kincaid/Cole that "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-636. 120460 - Kincaid/Schmitt that proof of publication of notice of public hearing on the request of R & B Enterprises, LTD, Corp. to sell and convey for $1.00 approximately 20.8 acres generally located at the southwest corner of Bishop Avenue and Martin Luther King Jr. Drive, just south of the Northeast Industrial Park, to develop 95,000 sq. ft. of industrial buildings for a home manufacturing plant and showroom for the development of modular/factory stick -built homes, with tax rebates for five years at 50 percent and a minimum taxable value of $7 million, as published in the Waterloo Courier on September 14, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 120461 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Noel Anderson, City Planner, reported that the Development Agreement requires that R & B Enterprises Corp. obtain a building permit and start construction within four months. If construction stops, the developer has 24 months to begin or they either have to purchase the property at its assessed value or the property reverts back to the city. The city's only liability is conveyance of 20.8 acres of land. The city is working with R & B Enterprises Corp. to assure they have financing in place. • • • • September 20, 2004 Page 3 HEARINGS CONTINUED Welper/Kincaid that the hearing be closed and oral and written comments be received on file. Ayes: Six. Absent: Greenwood. Motion carried. 120462 - Welper/Schmitt that "Resolution authorizing said sale and Attorney instructed to prepare and deliver Absent: Greenwood. Resolution adopted and upon approval of Mayor 120463 - Welper/Kincaid and placed conveyance", be adopted and City deed accordingly. Ayes: Six. assigned No. 12004-637. that "Resolution approving Development Agreement with R 4 B Enterprises, LTD, Corp.", be adopted and Mayor and City Clerk authorized to'iexecute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-638. 120464 - Gunderson/Schmitt that proof of publication of notice of public hearing on! vacation of a portion of sidewalk generally located along Washington Street east of Park Avenue, as published in the Waterloo Courier on September 3, 2004, Ye received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 120465 - 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 the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed Ion file. Ayes: Six. Absent: Greenwood. Motion carried. 120466 - Gunderson/Welper that "an Ordinance vacating a portion of sidewalk geerally located along Washington Street east of Park Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 120467 - Gunderson/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 120468 - Gunderson/Welper that "an Ordinance vacating a portion of sidewalk generally located along Washington Street east of Park Avenue", 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.I4722. 120469 - Kincaid/Welper that proof of publication Development, LLC to vacate, of notice of public hearing on sell and convey for $1.00 the 16 generally located along 200 East Arlington Street atj the School, as published in the Waterloo Courier on September 14, and placed on file. Ayes: Six. Absent: Greenwood. Motion 120470 - This being the time and place of public and oral objections and there were none. Welper/Schmitt hearing, the Mayor that the hearing be closed and recommendation of approval Programming and Zoning Commission be received and placed on file. Absent: Greenwood. Motion carried. request of J & T foot platted alley former Roosevelt 2004, be received carried. called for written of the Planning, Ayes: Six. September 20, 2004 Page 4 HEARINGS CONTINUED 120471 - Kincaid/Cole that "an Ordinance vacating the 16 foot platted alley generally located along 200 East Arlington Street at the former Roosevelt School", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 120472 - Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 120473 - Kincaid/Cole that "an Ordinance vacating the 16 foot platted alley generally located along 200 East Arlington Street at the former Roosevelt School", 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. Noel Anderson, City Planner, reported that the sale of property falls within the city's Sale of Property Policy. Mr. Anderson noted that the developer will probably spend over $1 million renovating the building. The development agreement includes a reversion clause. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 4723. 120474 - Welper/Cole that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-639. 120475 - Clark/Schmitt that proof of publication of notice of public hearing on amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to sign regulations, as published in the Waterloo Courier on September 3, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 120476 - 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 the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 120477 - Clark/Schmitt that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to sign regulations", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. I 120478 - Gunderson/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 120479 - Gunderson/Schmitt that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to sign regulations", 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. 4724. • • September 20, 2004 HEARINGS CONTINUED 120480 - Cole/Schmitt Page 5 that proof of publication of notice of public hearing on amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains tO accessory buildings regulations, as published in the Waterloo Courier on September 3, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 120481 - 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 the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed ion file. Ayes: Six. Absent: Greenwood. Motion carried. 120482 - Clark/Schmitt that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to accessory buildings regulations", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 120483 - Gunderson/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 120484 - Gunderson/Schmitt that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to accessory buildings regulations", 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. 4725. PETITIONS FROM PUBLIC 120485 - Gunderson/Welper that communication from Senior Planner transmitting request of Gary Larson to vacate 12 foot portion of the 17 foot utility easement generally located at 3951 Valdez Drive to move the existing garage back on the property to allow for an addition to be constructed to the rear of the home, be received, placed on file and "Resolution setting date of hearing as October, 2004, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson reported that the letter from the City Planner states the 17' wide strip of land was vacated by the city and 4old to the applicant on December 7, 1998. Noel Anderson, City Planner, responded in 1998 the city retained a utility easement over the entire 17' wide strip of land. MidAmerican Energy has an overhead electrical line located on a portion of the easement; however, MidAmerican Energy is now saying they only need a five foot easement. 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. 2004-640. DOCUMENTS 120486 - Clark/Schmitt that communication from Associate Engineer transmittiig Contracts, Bonds and Certificates of Insurance in the amount of $492,815132 from Aspro, Inc. & Subsidiaries of Waterloo, Iowa, in conjunction with F.Y. 2004 Sergeant Road Trail Paving, Contract No. 668, be received, placed On file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-641. September 20, 2004 DOCUMENTS CONTINUED 120487 - Clark/Schmitt Page 6 that communication from Leisure Services Director transmitting an application with Iowa Department of Transportation for Iowa Federal Recreation Trails grant in the amount of $33,283.25, with no required local match, to be used to purchase a new track loader for trail maintenance in the Riverview Recreation Area, be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-642. 120488 - Clark/Schmitt that communication from Superintendent of Waste Management Services transmitting a Joint Funding Agreement with the U.S. Department of the Interior U.S. Geological Survey at a cost of $7,470.00 for operation and maintenance of the Cedar River Gage at 6th Street for the period of October 1, 2004, through September 30, 2005, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-643. 120489 - Clark/Schmitt that communication from Assistant City Engineer transmitting recommendation to accept Klingaman Park Third Addition be received, placed on file and "Resolution approving said documents", be adopted and two year maintenance bond from Peterson Contractors, Inc. be received and placed on file. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-644. 120490 - Clark/Schmitt that communication from Community Development Director transmitting request to submit to the U.S. Department of Housing and Urban Development the FY04 Consolidated Annual Performance and Evaluation Report (C.A.P.E.R.) which covers the CDBG and HOME Program activities for the period of July 1, 2003, through June 30, 2004, be received, placed on file and "Resolution approving submission of said report", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-645. 120491 - Clark/Schmitt that communication from Airport Director transmitting an agreement with U.S. Department of Transportation for Community Air Service Development Program grant in the amount of $550,000.00 to assist with air service needs, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-646. ORDINANCES TO BE ADOPTED 120492 - Gunderson/Cole that "an Ordinance amending the 2003 Traffic Code by repealing Subsections (213) Lafayette Street and (393) Sycamore Street of Section 551, Parking Prohibited At All Times on Certain Streets; and enacting in lieu thereof new Subsections (213) Lafayette Street and (393) Sycamore Street of Section 551, Parking Prohibited At All Times On Certain Streets (allow parking on the southwest side of Lafayette Street from E. 11th Street to E. 7th Street and the southwest side of Sycamore Street from E. 7th Street to E. 11th Street)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 120493 - 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. 1 • • • September 20, 2004 Page 7 ORDINANCES TO BE ADOPTED CONTINUED 120494 Gunderson/Cole that "an Ordinance amending the 2003 Traffic Code by repealing Subsections (213) Lafayette Street and (393) Sycamore Street of Section 551, Parking Prohibited At All Times on Certain Streets; and enacting in lieu thereof new Subsections (213) Lafayette Street and (393) Sycamore Street of Section 551, Parking Prohibited At All Times On Certain Streets (allow parking on the southwest side of Lafayette Street from E. 11th Street tolE. 7th Street and the southwest side of Sycamore Street from E. 7th Street to E. 11th Street)", 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. 4726. 120495 - Gunderson/Welper that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Section 9-9-1, Conformance to Regulltions, of Chapter 9, Manufactured Homes, of Title 9, Building Regulations; and enacting in lieu thereof a new Section 9-9-1, Conformance to Regulations, of Chapter 9, Manufactured Homes, of Title 9, Building Regulations ;(allowing manufactured homes to be located on any lot or plot of official record regardless of its area or width)", be received, placed on file, consider4d and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Lou Cutwright, Building Official/Maintenance Administrator, stated that an ordinance was adopted in 1996 regulating manufacturing homes. The current ordinance requires manufactured homes to be placed on lots that are at least 50 feet wide and no smaller than 6,000 square feet. The zoning ordinance requires the same lot size requirement on stick built homes, but it provides an exception allowing homes to be built on a lot of record, and the city cannot be more restrictive for manufactured homes. The State Code requires the city not to be more restrictive for manufactured homes than sticky -built homes, and this ordinance will bring the city in compliance with state code. Councilperson Clark stated that several persons have called him saying that the council should change the ordinance in the other direction and not allow any home on those smaller lots. Councilperson Clark stated there are many lots of record in the city that are smaller than 50 feet wide and to go the other way would stifle new development in certain areas of the city. Following comments a vote was taken on the above motifon with the following result. Ayes: Six. Absent: Greenwood. Motion carried. 120496 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greeniood. Motion carried. 120497 - Gunderson/Schmitt that "an Ordinance amending the 2001 Code of Ordinance by repealing Section 9- 9-1, Conformance to Regulations, of Chapter 9, Manufactured Homes, of Title 9, Building Regulations; and enacting in lieu thereof a new Section 9-9-1, Conformance to Regulations, of Chapter 9, Manufactured Homes, of Title 9, Building Regulations (allowing manufactured homes to be located on any lot or plot of official record regardless of its area or widtjh)", 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. 4727. ADJOURNMENT 120498 - Welper/Clark that the Council adjourn at 6:05 p.m. Ayes: Six. Abs carried. Nancy Eckert, CMC City Clerk t: Greenwood. Motion