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HomeMy WebLinkAboutMinutes-04/17/2006• • April 17, 2006 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, April 17, 2006. Mayor Pro Tem Reggie Schmitt in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Boy Scout Troop 2—Westminster Presbyterian Church, Dylan Whittemore, Tylee Russell, Adam Boyce and Jon Kemp. 123311 - Getty/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, April 17, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 123312 - Getty/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, April 10, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Councilperson Carolyn Cole read a Proclamation declaring April 2006 as Sexual Assault Awareness Month. Councilperson Harold Getty read a Proclamation declaring April 17-23, 2006 as National Community Development Week. Mayor Pro Tem Schmitt reported Waterloo is a member of the Iowa Mutual Aid Consortium, along with Iowa City. As part of the tornado that devastated parts of Iowa City, today the City of Waterloo sent a pickup truck, a bucket truck and two men to Iowa City along with street poles and signal mast. The men will stay in Iowa City a couple of days to help with getting the traffic signals working. CONSENT AGENDA 123313 - Greenwood/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, dated April 17, 2006, in the amount of $1,680,559.57, 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 Pro Tem assigned No. 2006- 295. 2. Communication from City Engineer transmitting request of Craig Timmer for a waiver for a concrete driveway to be located at 1004 Gilbert Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006- 296. 3. Communication from City Engineer transmitting request of Douglas King for a waiver for a concrete driveway to be located at 1121 Ann Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006- 297. 4. Communication from Police Chief transmitting request ..of the Waterloo Memorial Board to conduct the annual Memorial Day Parade on May 29, 2006, with parade starting at 10:30 a.m. from the Wells Fargo parking lot at West Sixth and Commercial to Park Avenue, across the river to Mulberry Street to 5th Street and back to Memorial Hall. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006- 298. April 17, 2006 Page 2 Consent Agenda continued 5. Communication from City Clerk transmitting request of Thomas W. Abbas to burn approximately acre of prairie grass located adjacent to their property at 2048 Grand Boulevard from April 18 -May 1, 2006, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006- 299. 6. Communication from City Clerk transmitting request of Mr. and Mrs. Bill Dedic to burn approximately two acres of prairie grass located behind 2761 and 2767 Deere Road bordering Black Hawk Creek from mid-April to mid-May 2006, together with recommendation of approval of Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006- 300. b. Motion -to approve the following: 1. Preston Daniels, former Mayor Pro Tem of Des Moines, to present a workshop for Fair Housing Month on April 21, 2006, with costs not to exceed $1,250.00. 2. Darryl Hartema, Mechanic; and Mike Jenn, Fire Captain; to deliver Platform 311 for refurbishment to Weyauwega, Wisconsin on April 4, 2006, with costs not to exceed $450.00. 3. Jim Bartlett, Police Investigator; Todd Wilson Civilian Planner; and Black Hawk County Deputy Sheriff Teisinger to attend Surveillance Equipment School in Webster City, Iowa on April 24-27, 2006, with costs not to exceed $370.30, including use of city vehicle. 4. John Beckman, Police Captain; and Tim Pillack, Police Captain; to attend Iowa Chapter of the FBI National Academy Associates Spring Training Conference in Sioux City, Iowa on April 26-28, 2006, with costs not to exceed $342.70, including use of city vehicle. 5. Greg Fangman, Police Sergeant; Chris Gergan, Police Officer; and Dave McFarland, Police Officer; to attend Annual K-9 Narcotics certification in Sioux City, Iowa on April 30 -May 2, 2006, with costs not to exceed $1,150.00, including use of city vehicle. 6. Carrol Kienol, Police Lieutenant; Dave Mohlis, Police Sergeant; and Willie Keller, School Resource Officer; to attend Midwest Association of Technical Accident Investigators Conference in Kansas City, Missouri on June 11-15, 2006, with costs not to exceed $1,840.27, including use of city vehicle. c. Beer License Permit Application Class C Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/07) (Includes Sunday Sales) d. Beer License Permit Application Class B Lost Island Waterpark, Inc., 2225 E. Shaulis Road (Renewal) (6 months -5/1/06 - 11/1/06) (Includes Sunday Sales) e. Beer/Wine License Permit Application Special Class C Main Street Waterloo, Lincoln Park (Renewal) (6 months -5/1/06 - 11/1/06) f. Beer/Liquor License Permit Application Class C A.J.'s Eatery & Spirits, 1415 E. San Marnan Drive (Renewal) (Expires 4/21/07) (Includes Sunday Sales) Flirt's Gentlemen's Club, 319 Jefferson Street (Renewal) (Expires 4/30/07) (Includes Sunday Sales) Jet Lounge, 451-453 W. Parker Street (Renewal) (Expires 4/14/07) (Includes Sunday Sales) g. Outdoor Service Area Application Lost Island Waterpark, Inc., 2225 E. Shaulis Road Main Street Waterloo, Lincoln Park • • • • April 17, 2006 Page 3 Consent Agenda continued h. Outdoor Cafe Application Jameson's, 310 East 4th Street i. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 123314 - Gunderson/Welper that proof of publication of notice of public hearing on F.Y. 2006 E. San Marnan Drive Paving Improvements - Penneys St. to LaPorte Road, Contract No. 698, as published in the Waterloo Courier on March 31, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123315 - Gunderson/Welper that communication from City Engineer transmitting request to set new date of hearing and bid opening as May 8, 2006 at 5:30 p.m. in the City Hall Council Chambers on F.Y. 2006 E. San Marnan Drive Paving Improvements - Penneys St. to LaPorte Road, Contract No. 698", be received, placed on file and approved and City Clerk authorized to publish notice of same. Ayes: Seven. Motion carried. HEARINGS 123316 - Welper/Kincaid that proof of publication of notice of public hearing on request of Jean Merrick to rezone from "R-3" Multiple Residence District to "R -4,C -Z" Conditional Multiple Residence District property generally located at the northwest intersection of Reber Avenue and Euclid Avenue to allow professional office and neighborhood commercial use in an existing legal non -conforming commercial building, as published in the Waterloo Courier on April 3, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123317 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 123318 - Welper/Gunderson that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 109 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123319 - Welper/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123320 - Welper/Gunderson that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 109 to Section 2A -7N, Conditional Zoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4807. 123321 - Greenwood/Cole that proof of publication of notice of public hearing on request of Cedar Valley Restoration and Development LLC to rezone from "C-2" Commercial District, "C-3" Commercial District and "M-1" Light Industrial District to "R -4,R -P" Planned Multiple Residence District and "C -P" Planned Commercial District property generally located in the 900 block of Water Street for the purpose of development of the Water Street Flats and Rowhouses, as published in the Waterloo Courier on April 3, 2006, be received and placed on file. Ayes: Seven. Motion carried. April 17, 2006 Hearings continued Page 4 123322 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. David Deeds, Cedar Valley Restoration and Development and a resident at 922 Mulberry Street, thanked the council for their support of this city partnership with this project. Mr. Deeds stated the Water Street flats will consist of a combination and variety of living alternatives that are unique to the Cedar Valley, things that aren't currently being offered in this market place. There will be loft -style apartments located in the historic Chapman Lumber Company warehouse which will offer people ownership opportunities in warehouse space with exposed brick, 10 foot plus ceilings, and a real opportunity to experience urban and loft living at its best. Mr. Deeds stated people will also have the opportunity to own riverfront rowhouses. The rowhouses will generally be three levels with the possibility of having a roof deck which would provide a fantastic view of the river and the downtown skyline. Two bedrooms, two baths are standard. The riverfront rowhouses will sell in the vicinity of $275,000.00 range. The warehouse loft apartments will start at about $150,000.00 and will have one bedroom, 1% bath options as well as two bedroom, two baths option ranging from 1,000 to 1,200 square feet, with indoor parking for at least one vehicle. Mr. Deeds reported that demolition has started on the site. Greenwood/Gunderson that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 123323 - Getty/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 379 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123324 - Greenwood/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123325 - Greenwood/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 379 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4808. 123326 - Gunderson/Welper that proof of publication of notice of public hearing on request of M.E.N.D. L.L.C. to rezone from "R-2" One and Two Family Residence District to "R -3,R -P" Planned Multiple Residence District property generally located along Cottage Grove Avenue in the proposed Scotch Grove Addition for the purpose of development of seven 8-plex condos as well as approximately 31 one and two family dwellings, as published in the Waterloo Courier on April 3, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123327 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Nancy Eckert, City Clerk, reported that a petition opposed to the rezoning with 223 signatures has been received, and that over 20 percent of property owners lying within 250 of the property have signed the petition. The petition will require a supermajority vote of the council to pass the rezoning request. Getty/Cole that the petition be received and placed on file. Ayes: Seven. Motion carried. • • • April 17, 2006 Page 5 Hearings continued 123328 - Sheryl Kinney, 1517 Dearborn Avenue, reported the petition was originally started because of the condominiums being built directly behind her house. After attending the Planning, Programming and Zoning Commission meeting, they found out that no one in Maywood had been notified that a development was going to go on except for the people within the 250 feet buffer zone. Ms. Kinney stated they found one person opposing the petition, and that everyone they contacted within the 250 foot buffer zone signed the petition, except for three people who were not home. Ms. Kinney stated there was a Neighborhood Association meeting, and several people in the neighborhood still hadn't heard about the project going in the waterway. Ms. Kinney stated 220 people in Maywood signed the petition, one set of petitions is within the buffer zone and the other set of petitions is for outside the buffer zone. Ms. Kinney reported the concerns are the water building up in the waterway and the traffic in the area because they don't believe Bishop Avenue is built to handle anymore traffic than it already has, and Bishop Avenue is the main way through Maywood. Ms. Kinney stated this is a rural homeowners community, and they would like to see it kept that way. There are lots of trees, friendly people and everything the neighborhood association has strived for and spent money to do. Ms. Kinney stated it may not be a very strong association, but it is a strong neighborhood and everybody likes it that way. Ms. Kinney stated they oppose the condominiums, the duplexes and multi -family homes of any kind. Ms. Kinney stated there aren't any in Maywood now other than three duplexes. Rick McNelly, 822 Bishop Avenue, stated he lives on the corner of Cottage Grove and Bishop Avenue. The street right now is a dead-end. Mr. McNelly stated he totally disagrees with the proposal, disagrees with the curb and cutter, he does not want all the traffic and does not want multi -family dwellings inside this area, especially when James told him when they were talking about doing it that it was all going to be single family homes. Mr. McNelly stated since then everything has changed three or four times, and he disagrees with the proposal. Allan Read, 1414 Cottage Grove Avenue, stated he and his wife have lived at this address for over 25 years. Mr. Read stated they are opposed to this development because they have a feeling the condominiums aren't going to end up condominiums, but will end up in a similar situation as other places where it has turned into multiple dwellings. Mr. Read stated they don't want to end up in a situation like what was in the Logandale area back ten years. Mr. Read asked who is going to end up with the costs of the curb and gutter as he has 300 feet where they are planning to put the street, and he understands it is pretty costly, maybe $150.00 a foot. Jim Kinney, 1517 Dearborn Avenue, stated they moved from Dumont and have lived in this area for three years. Mr. Kinney stated they moved into the area for the specific reason of all the trees that are behind, its beautiful, there are deer and coon and all kinds of animals running through there, it is quiet and serene. Mr. Kinney stated they eventually plan on building a house, and if you look around the Maywood area, a lot of new homes are going up. Mr. Kinney stated his son lives in a complex similar to what they are proposing, and his son is not allowed to have the American flag flown on his property because it might offend somebody. Mr. Kinney stated he knows most of the people in the Maywood area and even plows them out in the winter. Mr. Kinney stated he likes the people and would hate to see it change. Kirk Eschlimen, of Kess & Associates, stated they are the design firm working on this project for M.E.N.D. Mr. Eschlimen stated the original layout that was submitted to the Planning, Programming and Zoning Commission had multiple 8-plex units. Since that design was submitted, marketing has shown that 8-plex units are not as marketable as smaller units like the single story and four-plex units. Mr. Eschlimen stated that duplex units could be constructed on the current "R-2", but they can't build the four-plex units on it without the conversion to "R-3". Mr. Eschlimen stated at the request and recommendation of staff, they modified their request to "R -P", in which case any revision to the proposed development has to go through the complete process and would actually be a protection for the neighborhood. Mr. Eschlimen realizes people have concerns when neighborhoods change, but stated you can't have development without change. Mr. Eschlimen stated this is probably one of the largest developments the city has looked at in quite sometime. Mr. Eschlimen stated they are not looking to damage any neighborhood. Mr. Eschlimen stated concerning the majority of trees already in the neighborhood, they are trying to come up with a revised design that will maintain as many of those beautiful trees out there as possible, they don't want to level the whole place off. As far as streets and drainage, Mr. Eschlimen stated they are trying to work with city staff to have the flow handled as best as possible, and right now it flows freely through there. April 17, 2006 Hearings continued Page 6 Councilperson Gunderson asked when the project would begin. Mr. Eschlimen responded the first five blocks were approved for development along Bishop. The initial layout that was submitted and withdrawn for the preliminary plat for the rest of the development, they were not aware of a stormwater study was available and they are trying to address issues with that within the next month. Mr. Eschlimen stated they plan to submit a new, revised preliminary plat. Councilperson Gunderson asked if the first five blocks will be two family condos. Mr. Eschlimen responded they will be single family units. Mr. Eschlimen stated that initially they were looking at four phases depending on the market. Councilperson Welper stated everything he is reading says this has no negative impact on the neighborhood, its recommended by Planning and Zoning, and looks like a positive thing, and yet there is opposition from the neighbors. Councilperson Welper asked if there was a meeting with the neighborhood. Mr. Eschlimen responded they did have a meeting with the neighborhood as requested by the neighborhood association. Mr. Eschlimen stated the neighborhood was concerned that they were being required to put in pavement other than what is in the neighborhood, but that was at staff's request and they are just trying to meet the city's standards. Mr. Eschlimen stated they were concerned their property taxes would pay for the development, but the developer pays for the development and infrastructure costs. Councilperson Kincaid asked if they are planning to have other meetings with the neighbors to explain more about this project. Mr. Eschlimen responded he informed the lady who called him about the first neighborhood meeting that when the next preliminary plat drawing for the development is prepared and reviewed with staff, that they would call for another meeting with the neighborhood association so he could make another presentation to show them what they looking at doing. Mr. Eschlimen noted at this time he does not have anything definitive on how they are handling the drainage on the southeast corner, and he wants to make sure he has that addressed the way the Engineering Department would have it fit with the current stormwater study that goes down that area. Councilperson Kincaid noted that there is an awful lot of opposition to this project, and he thinks it comes from a lack of understanding, that the developers have not met with them enough to show them what the developers are going to be doing out there. Mr. Eschlimen responded they tried to address that when they realized the neighborhood was not notified by attending their meeting, and he is still hearing the same arguments. Mr. Eschlimen stated they don't want the trees cut down, and they don't intend to cut all the trees down but are going to try save the best to make it an appealing development. Mr. Eschlimen stated he personally surveyed most of the lots they are talking about where the new homes and duplexes have gone up in the neighborhood. Mr. Eschlimen noted that some of those are smaller than what the developer is talking about. Councilperson Kincaid stated when there is heavy rains, they have problems with drainage and if the developer puts in curb and gutter it will create more. Mr. Eschlimen responded any type of development is going to affect the runoff whether its curb or gutter or not, and that is part of what they are trying to address with the new design on the preliminary plat to make sure that fits the stormwater study the Engineering staff is using as a review. Councilperson Getty stated he has a problem voting for this if they don't have the engineering work done to know how the runoff is going to be and how much affect that is going to have on the people out there. Councilperson Getty suggested the council either wait until the study is done or move very cautiously and maybe pass it for the first reading until such time the engineering work is done on it. Mayor Pro Tem Schmitt stated that part of the "R -3,R -P" zoning is that the final site plan and plats have to be approved by the council. Nanette Gaines, 1420 Dearborn Avenue, stated she has lived there about 30 years. Ms. Gaines stated the petition says they want single family homes because that is what they have now. Ms. Gaines stated they love it there, they have many different people living there and all get along great. Ms. Gaines stated they do not what the multi family homes. Ms. Gaines stated they are not against the building, they are just against anything but single family homes. Aimee Riggins, 1245 Shultz Street, stated she is only three blocks from the building. She understands change, is a Golf War Vet, has been all over the world and seen lots of change, and loves the buildings they have up there. Ms. Riggins stated she grew up there, left for eight years, was in the Air Force, came back, there have been housing built since she came back, but she is opposed to the multi family proposal. • • • April 17, 2006 Page 7 Hearings continued Ms. Riggins stated she thinks that is the number one thing. Ms. Riggins stated she is for single family homes as long as they better the community and don't lower the community. Ms. Riggins asked the council to consider not allowing multi family housing. Gary Rankin, representing Young Development Company the owner of the property, stated that their letter requested that the council only act upon the first reading tonight. Mr. Rankin stated he is glad to hear folks talk about single family homes because we hear a lot of things about we don't want this, we don't want that, we like trees, we don't want anything, and obviously that is not good for the city. Mr. Rankin stated we need to move forward and put good developments together. Mr. Rankin stated this property is not out in the middle of nowhere, it has city water and sewer, and all the utilities around it and is basically an in -fill site. Michael Douglas, realtor and part of M.E.N.D. Corporation, stated he sat in the Maywood Neighborhood Association meeting and listened to their concerns. Mr. Douglas stated he thinks one of their major concerns is they don't want to see it turn into the Logandale Apartments. Mr. Douglas stated these are not apartments, and they are not going to be buildings with many units. Mr. Douglas stated they will not be low -rent, all of the units will be $100,000.00 or more. Mr. Douglas stated if they switch back to the four -unit condos, they are not apartments, and all over the city they are building four -unit condos and they are single family housing. Mr. Douglas stated these will be made for single families, and if they build duplexes, they would still be single family on each side and will not be apartment buildings, these are homeowners. Peggy Bowers, 1316 Calhoun Street and Chairperson of the Maywood Neighborhood Association, stated their concern about the multi-plexes is that they are selling them as condos now, but what will happen ten or twenty years down the road when the people get tired of living in the condos. Will the empty buildings be bought by one person and then used as rental property. Ms. Bowers stated Mr. Eschlimen called her and asked if they could have another neighborhood association meeting, and she asked him to give her one week and she would put the fliers out when he is ready. Ms. Bowers stated all are opposed because they are concerned that eventually it will turn into rental property. Gunderson/Welper that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 123329 - Gunderson/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 380 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if there was this amount of opposition at the Planning and Zoning Commission meeting, and if the traffic and water issues were discussed. Noel Anderson, City Planner, stated there was opposition at the Planning Commission meeting. The rezoning was approved by a vote of 9 to 2, and there were some concerns over the drainage and traffic expressed at that time. Staff felt pretty confident that those were things that could be worked out in the platting process. Councilperson Greenwood asked if the site plan would come back to the council for approval. Councilperson Greenwood stated right now they have to have the zoning change in order to move forward with their site plan, and he asked if at that time the council will have a chance to approve or disapprove the site plan. Mr. Anderson responded there is a site plan in the zoning package, and if it were to change from that site plan as they work out further drainage details where they would have to reorient the streets or buildings, it would come back to the council. Otherwise, the council could approve it subject to the site plan as submitted in today's packet. Councilperson Greenwood asked about the storm drainage. Mr. Anderson responded the final site plan would have to meet all the city's specifications for stormwater, and that would be worked out in the platting process and building permit process. April 17, 2006 Hearings continued Councilperson Greenwood asked if the infrastructure out there is large enough to handle additional stormwater and have there been problems out there in the past. Page 8 Eric Thorson, City Engineer, reported it is pretty much a rural type system which is a lot of ditches, and that is one of the reasons staff made the developers aware of the study done some time ago when they came in with their initial preliminary plat, and staff felt they needed to redo the plat and take that into consideration. Mr. Thorson stated most of the area they are going to develop really doesn't have a system at this point, they are going to have to design one that the city can review and approve, and the city will use the study as a basis. Mr. Thorson stated there is a kind of a major drainageway that the Engineering Department would like to see maintained, and how they provide stormwater drainage on the rest of the plat, either on a pipe or ditch system, is unknown at this time since they are still working on that. Councilperson Greenwood asked if they would have to store water on the site. Mr. Thorson responded not for one or two family homes. Mr. Thorson stated that anything above a duplex requires stormwater detention, and the developers are aware of that. Mr. Thorson stated the city's policy has been if they are adjoining the drainageway, they do not have to have stormwater detention, but we prefer to get some of the water into and out of the system so its typically further away from the channel itself where you actually have the detention. Mr. Thorson stated it depends on how they lay it out, where they actually but the 8- plexes, but he believes the original plat would have to change some to accommodate the drainage. Councilperson Getty stated the development is asking for seven 8-plexes and 31 one and two family dwellings and asked how that is broken down. Mr. Anderson responded on the site plan submitted the current zoning of "R-2" would allow for either a one or two family home on each of the lots, so they have the option on each of those individual lots of orienting with either a single family or a twin home. Mr. Anderson stated the developers do not indicate which ones would have single family homes and which one would have twin homes. Mr. Anderson stated as it is currently zoned, they could put a duplex on each one of the lots. Councilperson Schmitt stated under the current zoning, single units or duplexes are not required to have a detention. Councilperson Schmitt asked if the zoning is changed and they come back with the 8-plex units is there enough ground area cover that would require some kind of retention pond or will the ditches and system out there handle the flow. Mr. Thorson responded it would depend on the placement of the multi family units, which is anything above a duplex. Mr. Thorson stated if they are immediately adjoining the drainageway, then they would not be required to have detention. Mr. Thorson stated if they are away at least a lot or more, then they would be required to have a detention. Councilperson Gunderson stated they indicated they would start out with single family residences. Mr. Eschlimen responded the first five are single family and the majority of what is going to be constructed out there will be single family. Councilperson Gunderson asked if the 8-plexes could be taken off the table because Mr. Eschlimen has indicated that they are not profitable to make, but they are still in the site plan to be voted on tonight. Mr. Eschlimen responded the reason they were left on is because they were told if they took them off they would have to start the whole process over again, and they did not want to do that. Mr. Eschlimen stated a lot of discussion has been over the 8-plex units, and it has not been their intention since the first review meeting to build 8-plex buildings. Mr. Eschlimen stated there may be some 4-plex units, but the current design shows they may be looking at putting in some cul de sacs with just duplexes. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Kincaid, Greenwood, Getty, Cole. Motion failed. PETITIONS FROM PUBLIC 123330 - Cole/Getty that communication from Senior Planner transmitting request of Brian Tressler to rezone from "C-1" Commercial District to "C -1,C -Z" Conditional Zoning Commercial District property generally located at 956-958 West Parker for the purpose of legalizing an auto sales with incidental repair shop and taxi business, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 8, 2006, 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-301. • • • • April 17, 2006 Page 9 Petitions from Public continued 123331 - Getty/Greenwood that communication from Senior Planner transmitting request of Grace Elliott for a site plan amendment to the "R -3,R -P" Planned Residence District for property generally located at 3216 Thistledown Drive and 5309-5311 Blue Bonnet Drive for the construction of a 26' x 62' garage, a 26' x 26' garage and two small sheds for the senior housing complex, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 8, 2006, 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-302. DOCUMENTS 123332 - Greenwood/Cole that communication from Crossroads Estates Replat, area and report of the "Resolution approving said Resolution adopted and upon 123333 - Greenwood/Cole Senior Planner transmitting Preliminary Plat together with staff report, aerial photograph of City Engineer, be received, placed on file Preliminary Plat", be adopted. Ayes: Seven. approval by Mayor Pro Tem assigned No. 2006-303. of the and that communication from Senior Planner transmitting Preliminary Plat of Heartland Heights Addition, together with staff report, aerial photograph of the area, preliminary plat and report of the City Engineer, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-304. 123334 - Greenwood/Cole that communication from City Planner transmitting one-year agreement with Willard Frost to lease at no cost approximately 20 acres of land generally located at the southwest corner of Bishop Avenue and Martin Luther King Jr. Drive, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-305. 123335 - Greenwood/Cole that communication from City Planner transmitting Supplemental Development Agreement with Josh Beckner and Brooke Radostits for redevelopment of their condominium located in the former Winterbottom Supply building at 25 Westfield Avenue, with a minimum assessment of $133,600.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-306. 123336 - Getty/Greenwood that communication from Community Planning & agreement with Cedar Valley Restoration and Sycamore Street for $1.00 for a few months, "Resolution approving said agreement", be adopted and Mayor Pro Tem Development Director Development for the be received, placed transmitting use of 820 on file and and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-307. 123337 Getty/Greenwood that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance from Professional Lawn Care, L.L.C. in conjunction with 2006 Right -of -Way Mowing, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-308. April 17, 2006 Documents continued 123338 - Getty/Greenwood Page 10 that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance from B&B Lawn Care Inc. in conjunction with 2006 Right -of -Way Mowing, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-309. 123339 - Kincaid/Gunderson that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources in conjunction with F.Y. 2006 VGM Expansion Entrance Road, Contract No. 704, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Six. Abstain: Cole because she is an employee of VGM. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-310. 123340 - Kincaid/Gunderson that communication from Community Planning & Development Director transmitting request to purchase abandoned rail line from Union Pacific Railroad at a cost of $18,345.25, plus $2,000.00 for incidentals, as part of the redevelopment of the Eastside Housing Project, be received, placed on file and "Resolution approving said request", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-311. 123341 - Gunderson/Welper that communication from Human Resources Director transmitting three-year bargaining agreement with Waterloo Police Protective Association, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated he knows there is a lot of work involved with the negotiations. Councilperson Greenwood stated what is proposed is wage increases of 3% the first year, 3.5% the second year and 4% the third year, and the health insurance will go from fully funded to self-funded. Councilperson Greenwood stated he is reluctant to pass these because when we marry it up to the health care, that is like a blank check especially when we are self-funded. Councilperson Greenwood stated he has a problem as a steward of the tax dollars, not that the city employees don't do a good job because they do, but he disagrees with the 3%, 3.5% and 4% raises but could go 3% across the board over three years. Councilperson Greenwood stated he doesn't feel it is fair having to settle these negotiations through arbitration and having an arbitrator tell the city how much it has to pay its employees. Councilperson Greenwood commented he is looking at passing this onto the state legislators. Councilperson Greenwood stated we need some kind of relief in the system of how the arbitrage works when cities reach an impasse between the bargaining units and administration. Councilperson Greenwood stated it is sort of a frustration of these negotiations on his part, as it seems like there is a lot of take and not a lot of give. Councilperson faith by both agreements in digits every Councilperson employees pay Cole stated she recognizes these agreements are negotiated in good parties; however, she has a difficult time supporting three-year a time when our health insurance costs are increasing double year, and we certainly don't expect them to come down. Cole stated she also has a tough time with the amount the for health insurance. Councilperson Cole stated she will vote no on these five items. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Greenwood, Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-312. • • • • April 17, 2006 Page 11 Documents continued 123342 - Gunderson/Welper that communication from Human Resources Director transmitting three-year bargaining agreement with Teamsters Local 238, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Nays: Greenwood, Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-313. 123343 - Gunderson/Welper that communication from Human Resources Director transmitting three-year bargaining agreement with International Association of Fire Fighters Local No. 66, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Nays: Greenwood, Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-314. 123344 - Gunderson/Welper that communication from Human Resources Director transmitting three-year bargaining agreement with Municipal Employees Local Union No. 353, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Nays: Greenwood, Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-315. 123345 - Gunderson/Welper that communication from Human Resources Director transmitting three-year bargaining agreement with Communications Workers of America Local No. 7175, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Nays: Greenwood, Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-316. 123346 - Kincaid/Welper that communication from Human Resources Director transmitting Memorandum of Understanding with Communications Workers of America Local No. 7175, International Association of Firefighters Local No. 66, Municipal Employees Local Union No. 353, Teamsters Local No. 238 and Waterloo Police Protective Association to implement a direct deposit system for employee payroll checks by July 1, 2007, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-317. 123347 - Kincaid/Welper that communication from Director of Cultural & Arts Commission transmitting Change Order No. 2 for a net decrease in the amount of $3,107.00 for work performed by Cardinal Construction in conjunction with Center For The Arts Youth Pavilion Project, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 123348 - Cole/Welper that "Resolution designating National Community Development Week as April 17-23, 2006 to commemorate the Community Development Block Grant Program", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned NQ. 2006-318. April 17, 2006 NEW BUSINESS 123349 - Getty/Cole Page 12 that communication from Community Development Director transmitting proposed funding recommendations for the FY2007 One Year Action Plan - Community Development Block Grant and HOME Program Funds, be received, placed on file and "Resolution setting date of hearing as April 24, 2006, 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-319. 123350 - Getty/Cole that communication from Senior Planner transmitting request to rezone from "C -P" Planned Commercial District to "C-3" Commercial District property generally located between the Cedar River and Jefferson Street, between West 5th Street and West 6th Street, the northerly corner of West 5th Street and Jefferson and the easterly corner of West 6th Street and Commercial Street, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 8, 2006, 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-320. ORAL PRESENTATIONS 123351 - Barb Saffold stated she runs a shuttle concerns about her business, things restrictions that have been put on her it was approved for her to do this. service called The Loop, and she has some that have been happening to her and since she first came to the council when Ms. Saffold stated she takes people to work, students to school and children to day care. Ms. Saffold stated when she first came to the council about her business, the council approved her to do that and the business became really busy. Ms. Saffold stated she services quite a few non-profit agencies such as Pathways and the Correctional Facility. Ms. Saffold stated now restrictions have been put on her that she has to pre - schedule her rides, and it makes it hard for her to pre -schedule rides when she has people who have obtained employment and they have to get to work, and its hard to pre -schedule a ride when you don't know you have the job until you get it. Ms. Saffold stated people have to pre -pay for their rides now, and that makes it hard for people who don't have a job and have financial difficulties, so she can't credit them. Ms. Saffold stated she is constantly being pulled over by police officers who are checking her license and checking her riders because she is in a high crime areas taking people to work and picking people up from work. Ms. Saffold stated she has been stopped and been told the reason she is being stopped is because she is in this area. Ms. Saffold stated she runs her business seven days per week, 24 hours per day. Ms. Saffold stated the stipulations put on her have dropped her business about 50 percent, and she can't service a lot of the clients she used to service. Ms. Saffold stated she can't take people to their scheduled, and that makes it Saffold stated she is coming be some clarification on her allowed to do. Ms. Saffold service, and she has a flat their jobs and programs. treatment programs anymore unless it is pre - very hard for her to operate her business. Ms. before the council tonight because there needs to shuttle business, and what shuttle businesses are stated she is not a taxi service but a shuttle fee she charges to take people to work and from Councilperson Schmitt stated if a meeting is requested, the group would hold another meeting with Ms. Saffold. Councilperson Greenwood asked if Ms. Saffold is paid by any of the non -profits, do they give her a per diem or some kind of funding to shuttle their patients. Ms. Saffold responded she is not paid by them, the money she makes if from the shuttling. Ms. Saffold stated the non-profit agencies pay for some of the rides some of the times for some of their clients. Councilperson Greenwood asked if she has a contract directly with the non -profits, and Ms. Saffold responded no she does not. Ms. Saffold stated she is in a voucher system with voc rehab where they pay for the rides for their clients, but she does not have a contract with them. Councilperson Getty asked Ms. Saffold who told her she has to pre -schedule appointments. Ms. Saffold responded the Police Chief and Nancy Eckert told her. Ms. Saffold stated she came for a meeting with Nancy Eckert, and when she got there the Police Chief, County Attorney and three other people were in this meeting. Ms. Saffold stated she is not the only shuttle service around, and she feels she has been treated very unfairly because she feels the other shuttle companies should have been in that meeting and not just her. • • • • April 17, 2006 Page 13 Oral Presentations continued Ms. Saffold stated she is being singled out, the city is putting all these rules and regulations on her that other shuttle companies are not being told they have to do. Ms. Saffold stated basically she started the whole idea in November and now everybody is allowed to do what she created but she can't do it, and it is hurting a lot of people in the city and the facility because there are a lot of people in programs that she can't transport anymore. Ms. Saffold stated she is being swamped with calls, from people in the homeless shelter and people who go to the Salvation Army to eat everyday, but she can't transport those people anymore unless they are pre -scheduled and how do you know when you will be hungry. Ms. Saffold stated people don't have money to take a cab, so she has a rate she charges these people back and forth so they can have their meals, so they can get their treatment. Ms. Saffold stated she takes people to the Cancer Center to have their treatments, and now she can't do that unless its pre - scheduled. Ms. Saffold stated a lot of the things that she is doing can't be pre -scheduled. Councilperson Schmitt stated he sat in on that meeting, and the City of Waterloo does license taxis, but the City of Waterloo does not license shuttle services. Councilperson Schmitt stated what is being talked about here is the definition of a taxi service and a shuttle service. Councilperson Schmitt stated there were several persons who met with Ms. Saffold to discuss this, and it sounds like there is need for further discussion. Welper/Gunderson that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 123352 - Gunderson/Cole that the Council adjourn at 6:53 p.m. Ayes: Seven. Motion carried. Nancy 'ckert, CMC City Clerk