HomeMy WebLinkAboutMinutes-3/30/2015March 30, 2015
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty
Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, March 30, 2015. Mayor Ernest
G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and
Hart.
Moment of Silence.
Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations
144291 - Hart/Schmitt
that the Agenda, as amended, for the Regular Session on Monday, March 30, 2015,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mr. Lind questioned if consent agenda item 1.A.12 and Public Hearing item #6,
conflict with one another.
Noel Anderson, Community Planning & Development Director, stated that the the
distinction between the two is one addresses buildable lots and the moratorium
would be for non -buildable lots.
Mr. Lind requested that Consent Agenda item 1.A.14 be considered separately.
144292 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, March 16,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Sue Beach, Blue Zones, recognized the City of Waterloo's Designation as a Blue
Zones Work Site.
CONSENT AGENDA
144293 - Hart/Schmitt
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated March
30, 2015, in the amount of $3,491,529.77, a copy of which is on file in
the City Clerk's office, together with recommendation of approval of the
Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2015-204.
2. Request of Highland School to hold a 5K Run/Walk on April 11, 2015 from 9
a.m. to 11 a.m.
Resolution adopted and upon approval by Mayor assigned No. 2015-205.
3. Resolution approving cancellation of assessment for 952 Kern Street
(parcel 8913-14-353-022) in the amount of $300.00; and authorize City
Clerk to notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2015-206.
4. Resolution approving Order accepting Acknowledgment/Settlement Agreement
and check for $300.00 from SACS Neighborhood Pub, 2000 Hawthorne Avenue,
Waterloo, Iowa for sale of tobacco to minor violation -first offense.
Resolution adopted and upon approval by Mayor assigned No. 2015-207.
5. Resolution approving Order accepting Acknowledgment/Settlement Agreement
and check for $1,500.00 to Neighborhood Mart, 2100 Lafayette Street,
Waterloo, Iowa, for sale of tobacco to minor -second offense.
Resolution adopted and upon approval by Mayor assigned No. 2015-208.
6. Resolution setting date of hearing for April 13, 2015 to approve Order
Assessing Civil Penalty for $300.00 to Save More Foods, 1975 Franklin
Street, Waterloo, Iowa for sale of tobacco to minor violation -first
offense.
March 30, 2015 Page 2
Resolution adopted and upon approval by Mayor assigned No. 2015-209.
7. Resolution preliminarily approving plans, specifications, form of
contract, etc. and resetting date of bid opening as April 16, 2015 and
date of public hearing as April 20, 2015 for the Purchase of Two (2) 1 -Ton
Pickup Trucks with Dump Box and Plow Package, and instruct City Clerk to
publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2015-210.
8. Resolution preliminarily approving specifications, bid document, form of
contract, etc. and setting date of bid opening as April 16, 2015 and the
date of public hearing as April 20, 2015 for the 2015 Lift Stations &
Complaint Mowings with Complaint Snow Removals; and instruct City Clerk to
publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2015-211.
9. Resolution preliminarily approving plans, specifications, form of contract
etc. and setting date of bid opening as April 16, 2015 and a date of
public hearing as April 20, 2015 to approve the 2015 Stump Removal Project
and bid documents; and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2015-212.
10. Resolution approving the request of Elroy Rowenhorst for tax exemptions on
the construction of a new home valued at $347,000.00 for property located
at 1877 Red Tail Drive, and located in the City Limits Urban
Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-213.
11. Resolution setting the date of public hearing as April 13, 2015 for a
request by GMJ2 Industries to vacate a portion of East Shaulis Road right-
of-way approximately 300' to the east of Texas Street.
Resolution adopted and upon approval by Mayor assigned No. 2015-214.
12. Resolution setting the date of public hearing as April 13, 2015 to enter
into a Development Agreement with 3 Little Lambs, LLC to authorize the
sale and conveyance of City -owned property located northwest of 1907 Black
Hawk Street for $1.00.
Resolution adopted and upon approval by Mayor assigned No. 2015-215.
13. Resolution setting the date of public hearing as April 13, 2015 to approve
the request by the City of Waterloo to vacate a portion of the existing
20' wide alley, located adjacent to Lots 1, 2, 9 and 10 within Block 16 of
Hayes Addition.
Resolution adopted and upon approval by Mayor assigned No. 2015-216.
b. Motion to approve the following:
1.
a.
b.
c.
d.
e.
f.
Travel Requests
Name & Title of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Four (4) Waterloo Police
CTK Interview and
Waterloo, IA
4/27/15 -
$975.00
Officers
Interrogation
4/29/15
School
Jeff Siebel, Property
ICC Technology
Coralville,
4/28/15 OR
$116.00
Safety Inspector
Exam - Fire
IA
5/4/15
Marshall
Mark Boesen, Mgr of
IAHO Spring
Waterloo, IA
4/8/15 -
$600.00
Rehabilitation Svcs, Jon
Conference
4/10/15
Martin and Matt Chesmore,
Rehabilitation/Relocation
Specialists
Two (2) Racine Police
Community Oriented
Waterloo, IA
4/21/15
$361.00
Officers
Policing Program
Tim Moyer, Chief
Annual IAEI
Ames, IA
4/8/15 -
$500.00
Electrical Inspector and
Chapter Meeting
4/10/15
Dan Youngblood
Michelle Weidner, Chief
Iowa League of
Des Moines,
4/10/15 -
$290.00
Financial Officer
Cities Leadership
IA
4/11/15
Summit Workshop
March 30, 2015
2.
a.
b.
c.
d.
e.
f.
Page 3
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Godfather's Pizza, 3811
University Avenue
B Beer
New
2/10/2016
Iry Warren Golf Course,
1000 Fletcher Avenue
B Beer, Outdoor
Service
Renewal
3/31/2016
X
J's R&B Lounge, 501
Independence Avenue
C Liquor
Renewal
04/06/2016
X
New Star Liquor, 1309
Lafayette Street
E Liquor/B
Wine/C Beer
Renewal
04/15/2016
X
Red Carpet Golf, 1409
Newell Street
C Liquor,
Outdoor Service
Renewal
04/04/2016
X
Sam's Club #6514, 210 E.
Tower Park Drive
B Wine/C Beer/E
Liquor
Renewal
02/29/2016
X
3. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for
Central Iowa Vapors, 2829 University Avenue.
4. Motion to approve Exception to Burning Yard Waste Application for Waterloo
Leisure Services to burn approximately 4 acres of prairie grass in the
Katoski Greenbelt.
5. Bonds
Roll call vote -Ayes: Seven. Items 1.b.l.a. Ayes: Five. Nays: Two (Lind,
Schmitt). Items 1.b.l.b,c,d,e,f. Ayes: Six. Nays: One (Lind). Motion carried.
144294 - Schmitt/Hart
(Item 1.A.14)Resolution setting bid opening as June 4, 2015 and the date of
public hearing as June 8, 2015 and directing process for the sale of certain
tracts of land formerly portions of West San Marnan Drive; and instruct City
Clerk to publish notice.
Mr. Lind asked if tabling this might be a good idea in the light of possible
issues with this item.
Dave Zellhoefer, City Attorney, explained that all that is being done is the
setting of the hearing and that this date can be rescheduled should a problem
occur with this item.
Roll -call vote -Ayes: Five. Nays: Two (Schmitt, Lind). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-217.
PUBLIC HEARINGS
144295 - Hart/Welper
that proof of publication of notice of public hearing on 2015 Right -of -Way
Mowing Contract, as published in the Waterloo Courier on March 23, 2015, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
144296 - Hart/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
144297 - Hart/Welper
that the "Resolution confirming approval of specifications, bid document, form
of contract, etc. in conjunction with 2015 Right -of -Way Mowing Contract", be
adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-218.
144298 - Hart/Welper
that the "Resolution authorizing to proceed with the 2015 Right -of -Way Mowing
Contract ", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-219.
March 30, 2015
144299 - Hart/Welper
Page 4
Motion to receive and file and instruct City Clerk to read bids and refer to
Leisure Services for review.
Bidder
Bid
Option
A
Bid
Option
B
Bid
Option
C
Bid
Option
D
Bid
Option E
Bid Bond
B & B Lawn Care
$ 39.75
$ 41.75
$ 26.50
$ 595.00
$ 39.75
$ 3000.00
Professional
Lawn Care
$ 47.75
$ 47.75
$ 39.55
NB
$ 56.65
$ 3000.00
Voice vote -Ayes: Seven. Motion carried.
144300 - Welper/Hart
that proof of publication of notice of public hearing on the status of funds for
the Community Development Block Grant (CDBG) Residential Pump Station Project,
as published in the Waterloo Courier on March 17, 2015, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Brian Schoon, INRCOG, explained that this is the 2nd grant request for pump
stations. The first request was for commercial and these are for residential
pump stations.
This project includes the construction of three (3) Residential Stormwater Pump
Stations/Sites at Cedar Bend Street, Fletcher Avenue, and Hollywood Avenue. The
project came about as a result of the 2008 Flooding and is intended to provide
mitigation for specific residential areas of the City.
The need for the project was identified by City, in various engineering and
planning documents, as well as the City's Capital Improvements Plan.
The City applied for funding from the Jumpstart Disaster funds under the
Community Development Block Grant (CDBG) program as administered by the Iowa
Economic Development Authority. In total, the City was awarded $6,310,000.00 in
CDBG funding from IEDA for this project.
The economic impact of this project is significant, insomuch as it protects
residential areas, as well as some commercial properties, of the City of
Waterloo from flooding at times when the levee system is in operation.
The three (3) sites are in various stages of construction at this point in time
with Cedar Bend Street and Hollywood Avenue sites well underway. The Fletcher
Avenue site is following closely. The prime or general contractor for the
entire project is Ricklefs Excavating.
A Summary of the Expenditures to Date (the Last Draw Number Submitted is in
Parenthesis):
A General Description of the Remaining Work:
• Construction and completion of all three (3) station sites
• Request and obtain IEDA contract amendments and extensions, as is necessary
and possible
• Complete and submit necessary reports and financial reimbursement requests
to IEDA
• Continue Davis -Bacon (prevailing wage rate) requirement monitoring
implementation
• Complete IEDA Monitoring Visit of the project
• Conduct overall project closeout
• Complete Project Audit
A General Description of the Changes Made to the Project Budget, Performance
Targets, Activity Schedules, Project Scope, Location, Objectives, or
Beneficiaries
Total
CDBG (6)
Local/City Funds
Budget Maximum
$7,806,200.00
$6,310,000.00
$1,496,200.00
Expended to Date
$1,503,516.95
$1,503,516.95
$0.00
Remaining
$6,302,683.05
$4,806,483.05
$1,496,200.00
A General Description of the Remaining Work:
• Construction and completion of all three (3) station sites
• Request and obtain IEDA contract amendments and extensions, as is necessary
and possible
• Complete and submit necessary reports and financial reimbursement requests
to IEDA
• Continue Davis -Bacon (prevailing wage rate) requirement monitoring
implementation
• Complete IEDA Monitoring Visit of the project
• Conduct overall project closeout
• Complete Project Audit
A General Description of the Changes Made to the Project Budget, Performance
Targets, Activity Schedules, Project Scope, Location, Objectives, or
Beneficiaries
March 30, 2015 Page 5
• Project Budget: We hope to be able to reduce the local funds figure in the
table above through IEDA's reallocation of unspent funds from the Waterloo
Commercial Pumps project.
• Performance Targets: On target with all updated performance measures.
• Activity Schedules: We may have to request a short time extension of the
current IEDA contract in order to allow us to complete the project. The
anticipated end -date of the entire project is December 2015, while our
contract expires in November.
• Project Scope: The scope remains the same as the initial grant application:
Construct three (3) large stormwater pumping stations to protect residential
areas of the city from floodwaters at times when the levee system is
operational.
• Location: The location of the sites remains the same as the initial grant
application: Within the City of Waterloo, at the following locations: Cedar
Bend Street, Fletcher Avenue and Hollywood Avenue.
• Objectives/Beneficiaries: They have not changed. This was funded through an
Urgent Need CDBG disaster request. This project will benefit the entire
community by protecting specific residential areas. No one has been
displaced by this project, nor is it anticipated that the City would have to
consider doing so.
144301 - Welper/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
144302 - Schmitt/Hart
that proof of publication of notice of public hearing on Request of Green Acres
Storage, LLC for a site plan amendment to the "C -P" Planned Commercial District
for the purpose of constructing a new indoor storage facility, generally located
north of 233-235 Fisher Drive., as published in the Waterloo Courier on March
23, 2015, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
This being the time and place of public hearing, the Mayor called for written
and oral comments. Written comments are on file in the Clerk's Office.
Seth Green, Green Acres Storage, gave a presentation on the project. He reviewed
the existing facilities in the area and his current facilities in other areas.
OPN Architects explained that this facility will be a third generation facility.
The proposed design was reviewed.
Mr. Schmitt questioned how many light poles will be on the property and if there
will be a detention pond.
Mr. Green explained that there will probably be two light poles. There will be a
detention pond and they will meet all the required codes.
Mr. Lind questioned the value of the building and the number of jobs being
created.
Mr. Green explained that there will be three full-time positions and it is a
good low impact mix for the area.
Mr. Morrissey questioned if more development has followed after construction of
his prior developments.
David Dryer, 3145 W. 4th Street, spoke in support of the project.
Maxine Barrows, 749 Excelsior Lane, asked if the building could be rotated so
that the loading area was on the other side.
Mr. Green explained that there is a natural water stream so the detention plan
needs to be on that side. They will look at all options.
Ms. Barrows questioned who approves the final site plan.
Aric Schroeder, City Planner, explained that both site plans are being submitted
for approval and then the developer can pick which plan to use with his civil
engineers.
Aric Kimball and Bo Beecher, Kimball and Beecher Dentistry, spoke in support of
the project.
Forest Dillavou, 1725 Huntington Road, questioned when the property will be out
of the TIF.
March 30, 2015 Page 6
Noel Anderson, Community Planning and Development Director, explained that the
property is in an Economic Development TIf so it will expire around 2026. The
permits, local option sales tax, and debt service taxes will still be received
by the City.
Mr. Schmitt questioned the value of the lot and the amount of property taxes.
Mr. Green explained that the value of the lot is approximately $500,000. The
value of the building is yet to be determined.
Noel Anderson, Community Planning and Development, explained that the property
taxes would be about $120,000.00 on a $3.5 million dollar development.
Michelle Weidner, Chief Financial Officer, explained that the property taxes
will start coming in on day one. The taxes would be roughly $140,000.00 per year
and ten percent of that will start going into our debt service levy right away.
We will rebate the cost of the land. More taxes will be going into the TIF and
will be used to complete other infrastructure, eliminating the need to borrow
money. It is a cheaper way to do development until the TIF expires. The other
option is to release value which is a less desirable option.
Mr. Schmitt asked which plan would be preferred.
Noel Anderson, Community Planning and Development, stated that the planning
commission and staff believe that either option would be acceptable.
Mr. Lind asked if there would be a development agreement available for review
prior to the 3rd reading.
Noel Anderson, Community Planning and Development, stated that they were holding
off on the development agreement based on the number of variables there are to
consider.
Mr. Morrissey asked about time sensitivity with this project.
Mr. Green addressed some timing issues and the importance of moving forward so
as not to delay other aspects of this process.
Mr. Hart expressed gratitude to Mr. Green and his patience and diligence through
this process.
144303 - Schmitt/Hart
that the hearing be closed and oral and written comments and recommendation of
approval of Planning, Programming and Zoning Commission be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
144304 - Schmitt/Hart
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a Site Plan Amendment on Certain Property in conjunction with
request of Green Acres Storage, LLC for a site plan amendment to the "C -P"
Planned Commercial District for the purpose of constructing a new indoor storage
facility, generally located north of 233-235 Fisher Drive.", be received, placed
on file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Mayor Clark questioned whether or not there was going to be an actual amendment
to the Zoning Map.
Noel Anderson, Community Planning and Development, stated that there will be a
change to the map itself.
144305 - Schmitt/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven.
Mayor Clark made a plea to council to approve the suspension of the rules so
that Mr. Green can move forward with this project without further delay.
Mr. Morrissey wanted to reiterate what Mr. Green said about the time sensitivity
involved in this project.
Mr. Schmitt stated that he normally holds to the philosophy of not waiving the
second and third readings but, weighing all the variables involved with this
project as well as the time already spent reviewing it, he will support waiving
the second and third readings.
March 30, 2015 Page 7
144306 - Schmitt/Hart
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a Site Plan Amendment on Certain Property in conjunction with
request of Green Acres Storage, LLC for a site plan amendment to the "C -P"
Planned Commercial District for the purpose of constructing a new indoor storage
facility, generally located north of 233-235 Fisher Drive.", be considered and
passed for the second and third times and adopted. Roll call vote -Ayes: Seven.
Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5271.
144307 - Hart/Morrissey
that proof of publication of notice of public hearing on the request from BCS
Properties, LLC to rezone 0.63 acres from "A-1" Agricultural District to "C-2"
Commercial District for the purpose of constructing a new multi -use commercial
building on the property, located west of 1850 W. Ridgeway Avenue, as published
in the Waterloo Courier on March 23, 2015, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
144308 - Hart/Morrissey
that the hearing be closed and recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
144309 - Hart/Morrissey
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a Rezone of Certain Property in conjunction with the request from
BCS Properties, LLC to rezone 0.63 acres from "A-1" Agricultural District to "C-
2" Commercial District for the purpose of constructing a new multi -use
commercial building on the property, located west of 1850 W. Ridgeway Avenue",
be received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven.
144310 - Hart/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven.
144311 - Hart/Morrissey
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a Rezone of Certain Property in conjunction with the request from
BCS Properties, LLC to rezone 0.63 acres from "A-1" Agricultural District to "C-
2" Commercial District for the purpose of constructing a new multi -use
commercial building on the property, located west of 1850 W. Ridgeway Avenue",
be considered and passed for the second and third times and adopted. Roll call
vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5272.
144312 - Hart/Morrissey
that proof of publication of notice of public hearing on the request from BCS
Properties, LLC to enter into a Development Agreement for the construction of an
approximately 15,000 SF commercial building; and authorize the sale and
conveyance of City -owned property located at 1850 West Ridgeway Avenue in the
amount of $1.00, as published in the Waterloo Courier on March 23, 2015, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral.
David Dryer, 3145 W. 4th Street, expressed concern with selling the property for
$1.00.
Mr. Lind asked for clarification that this is a small strip of land which
squares off the right-of-way.
March 30, 2015 Page 8
Noel Anderson, Community Planning and Development Director, stated that this is
a parcel of land measured at 1,118 square feet. This land will allow a
straightening of an already irregular right of way. Making it easier for
setbacks and making development of this property more suitable.
Mr. Lind expressed appreciation for the work done by Community Planning and
Development as well as the developers involved in conjunction with this type of
development agreement.
144313 - Hart/Morrissey
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
144314 - Hart/Morrisey
that the "Resolution authorizing sale and conveyance of said property for $1.00
of City -owned property located at 1850 West Ridgeway Avenue and authorize City
Attorney to prepare and deliver deed accordingly", be adopted. Roll -call vote -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-220.
144315 - Hart/Morrisey
that the "Resolution approving Development Agreement with BCS Properties, LLC
for City -owned property located at 1850 West Ridgeway Avenue for the
construction of an approximately 15,000 SF commercial building", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-221.
RESOLUTIONS
144316 - Schmitt/Hart
that "Resolution rescinding Resolution 2015-50 and approving Amendment No. 18 to
Contract 08-DRH-211, dated December 31, 2014 to Contract No. 08-DRH-211 in the
amount of $3,711,224.00 for a supplemental community development block grant
award between the Iowa Economic Development Authority (IEDA) and the City of
Waterloo for the Multi -Family New Production Round 6 Grand Crossing project", be
adopted. Roll call vote -Ayes: Seven.
Mr. Lind questioned the increase in the value of the project.
Rudy Jones, Community Development Director, explained the increase to the
project.
Mr. Schmitt questioned the timeline on the project.
Rudy Jones, Community Development Director, stated that groundbreaking is
expected within the next thirty to sixty days.
Resolution adopted and upon approval by Mayor assigned No. 2015-222.
144317 - Schmitt/Hart
that "Resolution approving Right -of -Way License Agreement with Unite Private
Networks LLC allowing the use of city right-of-way for a communication system;
and authorize Mayor and City Council to execute said document", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-223
144318 - Schmitt/Hart
that "Resolution approving the request by GMJ2 Industries for the 11 -lot
Preliminary Plat of Kiefer Estates 1st Addition, located along the north side of
East Shaulis Road, just east of Texas Street, for the purpose of creating a new
residential subdivision", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-224.
144319 - Morrissey/Hart
that "Resolution approving the Amendment to Option Exchange Agreement between
the City of Waterloo and L and H Farms, Ltd for the addition of 31.54 acres into
the agreement, with an addition of 3 years to length of agreement; and authorize
March 30, 2015 Page 9
Mayor and City Clerk to sign and fully execute all documents", be adopted. Roll
call vote -Ayes: Seven. Motion carried.
Mr. Lind questioned the extension of this development agreement.
Noel Anderson, Community Planning and Development Director, explained the
benefits of this extension.
Resolution adopted and upon approval by Mayor assigned No. 2015-225.
144320 - Welper/Morrissey
that "Resolution to approve the implementation of a 90 -day moratorium on the
sale of City -owned, non -buildable lots", be adopted.
Mr. Welper explained the reasoning for placing a moratorium on the sale of non -
buildable City lots. He believes that the council has done a good job of
cleaning up neighborhoods by removing some of the dilapidated properties. He
also favors looking into moving toward making some of these properties buildable
once again and moving toward putting these properties back on the tax roll.
Mr. Hart expressed agreement with Mr. Welper with the exception of the placement
of a moratorium and questioned the number of properties actually sold in the
last year.
Noel Anderson, Community Planning and Development Director, explained that the
City has sold up to 2 non -buildable lots in the last year.
Mr. Schmitt expressed agreement with Mr. Welper and questioned the number of
these lots actually owned by the city.
Noel Anderson, Community Planning and Development Director, clarified the term
"unbuildable" and the variableness involved.
Mr. Hart stated that there are 49 of these lots and questioned if some of these
lots might be adjoined making them buildable once again.
Mr. Schmitt expressed his agreement with Mr. Hart in his opposition to the
support of this moratorium.
Mr. Morrissey questioned if the policy in place has been followed in the past.
Mr. Welper stated that he was uncertain that it was and was concerned with
having a policy in place that is not being followed. The policy was designed to
insure consistent treatment of all parties involved in the sale of city owned
property.
Mr. Morrissey questioned if the purpose of the moratorium would be to review
policy to improve it.
Mr. Welper stated that this was exactly the reason for it.
Mr. Hart questioned if a moratorium was the best means by which to improve this
policy.
Schmitt/Cole
Call the question. Ayes: one. Nays: Six (Jones, Lind, Morrissey, Welper, Hart,
Cole). Motion failed.
Mr. Morrissey questioned the timing of the moratorium and the time needed for
improving this policy and requested an amendment to the motion.
Mr. Welper stated that the 90 -day moratorium was proposed with the intent of
giving enough time to accomplish the improvement of the policy.
Roll call vote on original motion -Ayes: Two. Nays: Five (Schmitt, Lind, Hart,
Cole, Jones). Motion failed.
ORDINANCES
144321 - Cole/Hart
that "an Ordinance amending the Submission and Approval of the Chapter 3,
Electrical Regulations of Title 9, Building Regulations, of the 2007 Code of
Ordinances", be received, placed on file, considered and passed for the third
time and adopted. Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5273.
March 30, 2015 Page 10
144322 - Cole/Hart
that "an Ordinance amending the Chapter 3, Sewer Regulations, Section 8-3A-6:
Sewer Rental Charge to increase sewer rates", be received, placed on file,
considered and passed for the third time and adopted. Roll call vote -Ayes:
Seven. Motion carried.
Mr. Lind questioned whether it was a good idea to pass these increases knowing
the EPA is coming to town in the next few days.
Larry Smith, Waste Management Superintendent, explained that this is a needed
rate increase and was uncertain whether the EPA coming here would cause this
issue to be revisited.
Mayor Clark explained that these two items are directly related and passing this
increase would have little to do with what the EPA is going to do.
Mr. Lind questioned interdepartmental charges.
Michelle Weidner, Chief Financial Officer, explained the necessity of these
charges.
Mr. Schmitt questioned raises to sewer rates in recent years and whether these
raises are going to get us to where the EPA wants us to be.
Larry Smith, Waste Management Superintendent, explained that they are working
toward that goal but, there is no real way to know exactly what the EPA will
want until the EPA actually gets here.
Michelle Weidner, Chief Financial Officer, explained the importance of working
toward these goals even before the EPA gets here.
Mayor Clark stated that we will need to work through negotiation before we will
know exactly what the EPA expects.
Mr. Jones stated his agreement with passing this increase in order to take care
of the EPA projects.
Ordinance adopted and upon approval by Mayor assigned No. 5274.
144323 - Cole/Morrissey
that "an Ordinance amending the 2008 Traffic Code by amending Section 207 "U"
TURNS by adding Subsection A. RAILROAD CROSSES. No "U" Turn at (1) Logan
Avenue/63 north of 1300 block, south of 1400 block", be received, placed on
file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
Sandie Greco, Traffic Superintendent, explained that the railroad requested the
change to prevent individuals from doing U-turns when the cross bars are down.
144324 - Cole/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
144325 - Cole/Morrissey
that "an Ordinance amending the 2008 Traffic Code by amending Section 207 "U"
TURNS by adding Subsection A. RAILROAD CROSSES. No "U" Turn at (1) Logan
Avenue/63 north of 1300 block, south of 1400 block", be considered and passed
for the second and third times and adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5275.
OTHER COUNCIL BUSINESS
144326 - Hart/Morrissey
that motion approving a net decrease in the amount of $359.60 with KWS. Inc.,
for the Fiber Optics Phase 1-1 Project No. TOF205, be received, placed on file
and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, asked how much money the City has invested into the
Sunnyside South property located along San Marnan Drive.
March 30, 2015 Page 11
Dave Zellhoefer, City Attorney, explained the work still being done in
conjunction with this property and stated that he was uncertain of the exact
dollar amount.
Bill Kammeyer, 526 Home Park Blvd, expressed his appreciation for the prompt
manner in which Attorney Zellhoefer responded to his questions. He also
expressed his displeasure with the amount of money being spent for legal fees on
the Sunnyside South property.
David Dryer, 3145 W. 4th Street, expressed concern with the agreement to exchange
land on Ansborough.
144327 - Hart/Morrissey
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
144328 - Hart/Morrissey
that the council adjourn to Executive Session at 7:29 p.m. Roll call vote -Ayes:
Seven. Motion carried.
City Attorney David Zellhoefer stated that discussion of property acquisitions
is an approved topic of Executive Session pursuant to Iowa Code Section
21.5 (1) (j) (2015) .
EXECUTIVE SESSION
144329 - Hart/Morrisey
that the council adjourn Executive Session at 7:45 p.m. Voice vote -Ayes:
Seven. Motion carried.
144330 - Hart/Morrissey
To proceed. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
144331 - Hart/Morrissey
that the Council adjourn at 7:46 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Sc ares, CMC
City Clerk/Human Resource Director