HomeMy WebLinkAboutMinutes-6/08/2015June 8, 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, June 8, 2015. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart.
Moment of Silence.
Pledge of Allegiance: Dave Zellhoefer, City Attorney.
144599 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, June 8, 2015,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
144600 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 1, 2015,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark read a Proclamation declaring June 17, 2015 as Access Day USA.
Mayor Clark recognized Greg Svoboda as the June 2015 Team Member of the Month.
CONSENT AGENDA
144601 - Hart/Cole
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 June
8, 2015, in the amount of $1,444,991.90 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. 2015-409.
2. Resolution approving the request of Holly Leaverton for tax exemptions on
the construction of a new home valued at $202,122 for property located at
4145 Mockingbird Lane, and located in the City Limits Urban Revitalization
Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-410.
3. Resolution approving the request of Vahid Dzananovic for tax exemptions on
the construction of a new twin home valued at $125,000 for property
located at 1106 Hummingbird Circle, and located in the City Limits Urban
Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-411.
4. Resolution approving the request of Jasmin Dzananovic for tax exemptions
on the construction of a new twin home valued at $125,000 for property
located at 1104 Hummingbird Circle, and located in the City Limits Urban
Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-412.
5. Resolution approving the request of Andrew Carper for tax exemptions on
the construction of a new home valued at $219,000 for property located at
5833 Summerland Drive, and located in the City Limits Urban Revitalization
Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-413.
6. Resolution approving request to certify assessment of work performed by
the Water Works, together with recommendation of approval of the Board of
Trustees of Waterloo Water Works for property located at 55 Franklin
Street in the amount of $2,200.
Resolution adopted and upon approval by Mayor assigned No. 2015-414.
7. Resolution approving request from My Waterloo Days to hold annual festival
from June llth to June 14th including street closures and noise variance.
June 8, 2015 Page 2
Resolution adopted and upon approval by Mayor assigned No. 2015-415.
8. Resolution resetting the date of public hearing as June 15, 2015 to
approve a request by David Welch for a site plan amendment to amend the
conditions of zoning in a "C -1,C -Z" Conditional Zoning District, located
at 1033 Decathlon Drive, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2015-416.
9. Resolution approving preliminary plans, specifications, form of contract,
etc. and setting date of bid opening as June 25, 2015, and date of public
hearing as June 29, 2015, for the F.Y. 2016 llth Street Bridge Repairs,
Contract No. 890, and instruct City Clerk to publish notice of plans,
specifications, form of contract, etc.
Resolution adopted and upon approval by Mayor assigned No. 2015-417.
10. Resolution approving request of LaTanya Graves, Martin Luther King Center
of HCC, to hold a parade/peace march on June 20th starting at 9:00 a.m.
and approving a variance to the Noise Ordinance on June 20th & 21st, 2015,
from 10:00 a.m. to 10:00 p.m. in conjunction with the Annual Juneteenth
Celebration event to be held at Sullivan Park, including music and a PA
system, together with recommendation of approval of Director of Safety
Services.
Resolution adopted and upon approval by Mayor assigned No. 2015-418.
11. Resolution approving Request to cancel special assessment for sidewalk
repair for Koinonia Ministries located at 800 W. 2nd Street, Parcel No.
8913-26-182-022, in the amount of $331.01, and authorize City Clerk to
notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2015-419.
12. Resolution approving request of Ivan Wieland of Screaming Eagle American
Bar & Grill, 228 E. 4th Street, for a variance to the Noise Ordinance and
permission to close a portion of Lafayette Street (between 4th & 5th
Streets) on Saturday, July 11, 2015 from 5:00 p.m. to 11:00 p.m. in
conjunction with Ride and Drive for the Girls event, and on Wednesday,
July 29, 2015 from 5:00 p.m. to 11:00 p.m. in conjunction with Special
Bike Night event, including a band and the use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2015-420.
13. Resolution approving request of Main Street Waterloo for a variance to the
Noise Ordinance on July 17, 2015 from 5:00 p.m. - 10:00 p.m. and July 18,
2015 from 11:00 a.m. to 10:00 p.m. in conjunction with the BBQ'Loo & Blues
Too! event to be held at Lincoln Park including a band/DJ and the use of a
PA system, together with recommendation of approval of Director of Safety
Services.
Resolution adopted and upon approval by Mayor assigned No. 2015-421.
14. Resolution approving request of My Waterloo Days for a variance to the
Noise Ordinance on June 11, 2015 and June 12, 2015 from 11:30 a.m. - 11:00
p.m. in conjunction with the People in the Park event to be held at
Lincoln Park including a band/DJ and the use of a PA system, together with
the recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2015-422.
15. Resolution approving request of My Waterloo Days for a variance to the
Noise Ordinance on June 13, 2015 from 8:00 a.m. - Midnight in conjunction
with the Back at Byrnes event to be held at Byrnes Park including a
band/DJ and the use of a PA system, together with the recommendation of
approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2015-423.
16. Resolution approving request of My Waterloo Days for a variance to the
Noise Ordinance on June 13, 2015 from 7:00 a.m. - 10:00 a.m. in
conjunction with the Family 5K Walk/Run event, including the use of a PA
system, together with the recommendation of approval of Director of Safety
Services.
Resolution adopted and upon approval by Mayor assigned No. 2015-424.
b. Motion to approve the following:
June 8, 2015
1.
a.
2.
a.
b.
Page 3
Travel Requests
Name & Title of
Class
New or
Renewal
Expiration
Date
Amount not
Personnel
Class/Meeting
Destination
Date(s)
to Exceed
Kelley Felchle,
Municipal
Ames, Iowa
7/20/2015
$1,120.53
Deputy City
Professionals
-
Clerk
Institute 2015
7/24/2015
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Iry Warren Memorial
Golf Course, 1000
Fletcher Ave.
B Beer (One Day
Transfer to Club
House)
1 -day
transfer
6/13/2015
-
6/14/2015
X
Main Street Waterloo,
1000 Fletcher Ave.
Special C Liquor
Beer/Wine (One
Day Transfer -
Lincoln Park to
Byrnes Park)
New
6/14/2015
X
3. to receive and place on file the 2014 Audit of the Waterloo Water Works.
4. to approve recommendation of appointment of Steven Hostetler , from the Civil
Service list, to the position of Permit Writer, at the Waterloo Building
Inspections & Maintenance Department, effective June 9, 2015.
5. to approve recommendation of appointment of Samuel Barrett from the Civil
Service List to the position of Sanitation Operations Supervisor effective
June 16, 2015, pending completion of pre-employment physical.
Wayne Castle, Associate Engineer, explained that the Koinonia Ministries
Church was repaired and assessed in error and needs to be cancelled.
Roll call vote -Ayes: Seven. Motion carried.
Mayor Clark recognized the new employees appointed both last week and this week.
PUBLIC HEARINGS
144602- Schmitt/Hart
that proof of publication of notice of public hearing on Rezone request of
Nicole Cook to rezone 4.43 acres from "A-1" Agricultural District to "R-2" One
and Two Family Residence District for the purpose of constructing one new
single-family home, generally located east of 920 South View Drive, as published
in the Waterloo Courier on June 1, 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.
144603 - Schmitt/Hart
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
144604 - 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 Rezone of property located east of 920 South View Drive", be
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven. Motion carried.
144605 - Schmitt/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt,
Lind.) Motion failed.
144606 - Welper/Morrissey
that proof of publication of notice of public hearing on request by Seth Green
to vacate a platted 5' wide by approximately 290' long utility easement along
June 8, 2015 Page 4
the west property line of Lot 3 of Tower Park No. 5, as published in the
Waterloo Courier on June 1, 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.
144607 - Welper/Morrissey
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
144608 - Welper/Morrissey
that "an Ordinance approving a request by Seth Green to vacate a platted 5' wide
by approximately 290' long utility easement on the west property line of Lot 3
of Tower Park No. 5", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Seven. Motion carried.
144609 - Welper/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Lind,
Schmitt). Motion failed.
144610 - Morrissey/Welper
that proof of publication of notice of public hearing on Conveyance of a portion
of Lot 11 of Mid Port America Park Plat No. 2 to Con Agra Foods Packaged Foods
Company for $1.00 in accordance with the Second Amendment to Development
Agreement, as published in the Waterloo Courier on June 1, 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.
144611 - Morrissey/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
144612 - Morrissey/Welper
that "Resolution authorizing conveyance of a portion of Lot 11 of Mid Port
America Park Plat No. 2 to Con Agra Foods Packaged Foods Company for $1.00 in
accordance with the Second Amendment to Development Agreement and authorizing
the Mayor and City Clerk to execute necessary documents", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-425.
144613 - Hart/Schmitt
that proof of publication of notice of public hearing on F.Y. 2016 Sidewalk
Inspection and Repair Program - Zone 5, as published in the Waterloo Courier on
May 22, 2015 and May 28, 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. There are written objections on file in the City Clerk's
Office.
Wayne Castle, Associate Engineer, gave an overview of the timeframe and noted
that the timeframe is tight due to the large number of properties involved. He
explained the issues that the Engineering Department ran into in the area.
Mr. Lind explained that he has received a few calls from property owners who are
being billed for substantial sidewalk repair. They have sidewalks that do not
lead to anywhere and those sidewalks have been that way for several years. He
then questioned if there would be a way to accommodate those people.
Eric Thorson, City Engineer, explained that the City ordinance requires staff to
inspect all sidewalks on City right-of-way. The other option would be to vacate
the sidewalk and remove the sidewalk. Staff does not recommend eliminating
sidewalks.
Ms. Cole explained that those properties are in her neighborhood and no one uses
them. She asked for Council to give an exception to those properties.
June 8, 2015
Page 5
Mayor Clark suggested adopting a sidewalk repair program to allow the City to
fund additional sidewalk being installed.
Mr. Schmitt questioned how Council is notified of comments from the citizens.
Suzy Schares, City Clerk, explained that council received notification of both
comments received on this issue and any time the Clerk's Office receives
comments from citizens, they are forwarded to council immediately.
Mr. Hart requested clarification of the affected area.
Wayne Castle, Associate Engineer, explained that Zone 5 covers everything south
of Ridgeway Avenue and east of US 63.
Pete Castello, 1973 Audobon Drive, expressed concern with the timeframe being
allowed to repair the sidewalk deficiencies.
David Dreyer, 3145 W. 4th Street, expressed concern with the condition of his
street.
Dr. Cassandra Foens, 1932 Audobon Drive, expressed concern with the required
repairs and the lack of communication from Engineering.
Mark Ganske, 5810 Applewood Dr., expressed concern with having to repair
sidewalk that does not lead to another property and the requested repair on his
property.
Dixon Stuelke, 421 Belmont Ave., noted that the City bids the contract for
sidewalk repair and the price is reasonable.
Mr. Lind questioned if the property owner can pay for the repairs prior to the
property being assessed.
Suzy Schares, City Clerk, stated that the property owner does have a allotted
time in which to pay for repairs prior to assessment.
Mr. Lind questioned the flexibility of deadlines, etc. associated with this
project
Mayor Clark stated that any flexibility would be determined by the city council
should that become necessary.
144614 - Hart/Schmitt
that the hearing be closed and oral and written comments, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
144615 - Hart/Schmitt
that "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll -
call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-426.
144616 - Hart/Schmitt
that "Resolution adopting Proposed Resolution of Necessity, as proposed or
amended", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-427.
144617 - Schmitt/Hart
that proof of publication of notice of public hearing on Development Agreement
with GMJ2, Industries, LLC for the construction of a mini -storage development,
and authorize the sale and conveyance of City owned property for $1.00 located
at the northwest corner of Northeast Drive and Martin Luther King, Jr. Drive in
the Northeast Industrial Park, as published in the Waterloo Courier on June 1,
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.
David Dryer, 3145 W. 4th Street, questioned who owns GMJ2.
Mayor Clark stated that GMJ2 is a company owned by Jim Ellis.
Mr. Jones questioned if incentives should be given for storage units.
June 8, 2015
Page 6
Noel Anderson, Community Planning and Development Director, explained that this
project meets the goals and plans for economic development and will create tax
base.
Mr. Hart questioned the taxable value.
Noel explained that it is a phased approach consisting of three phases. Phases I
& II have minimum taxable values of $432,000.00 and Phase III has a minimum
taxable value of $234,000.00.
MR. Lind questioned what the land is worth and what the tax rebates are.
Noel explained that the applicant would only receive tax rebates if all three
phases are completed and the city values the land at $60,000.00 per acre.
Jim Ellis, GMJ2 Industries, explained that it is approximately 3.5 acres and the
three phases will equal more than a million dollars. The company will pay taxes
on the property at its current value and they will be paid starting day one. The
tax incentives will not begin until after Phase 3 is completed and the company
exceeds the 1.1 million dollar level.
Mr. Lind questioned the amount of taxes paid on a million dollar facility.
Jim Ellis, GMJ2 Industries, stated that the company will pay approximately
$40,000.00 in taxes per year on the one million dollar facility. During the 5 -
year tax incentive period, they will receive a rebate of $20,000.00 each year.
Mr. Morrissey questioned if there are other mini -storage facilities in that
area.
Noel Anderson reported that there are currently none in that industrial park.
Mr. Schmitt questioned if this is a good fit for the area.
Noel Anderson said it is a good utilization of the lots.
Mr. Morrissey questioned the workload and the company's ability to complete a
project as large as this.
Jim Ellis explained that his company employs a sufficient number of contractors
to complete the projects for which GMJ2 has contracted.
Mayor Clark questioned if GMJ2 would do the project if they had to pay market
value for the land.
Jim Ellis stated that they would not.
Forest Dillavou, 1725 Huntington Road, expressed concern with this project being
in a TIF District.
144618 - Schmitt/Hart
that the hearing be closed and oral and written comments and recommendation of
approval of the Planning, Programming and Zoning Commission, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
144619 - Hart/Schmitt
that "Resolution approving a Development Agreement with GMJ2 Industries, LLC to
authorize the sale and conveyance of City -owned property located at the
northwest corner of Northeast Drive and Martin Luther King, Jr. Drive", be
adopted and authorize Mayor and City Clerk to execute said documents. Roll -call
vote -Ayes: Five. Nays: Two (Jones, Lind). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-428.
Mayor Clark noted that the hearing on Sale of certain tracts of land formerly
portions of West San Marnan Drive located adjacent to Sunnyside Country Club, as
published in the Waterloo Courier on June 2, 2015, is canceled.
RESOLUTIONS
144620 - Welper/Hart
that "Resolution approving Master Dark Fiber IRU Agreement with Unite Private
Networks LLC allowing the use of certain existing city conduit in the right-of-
way; and authorize Mayor and City Council to execute said document", be adopted.
Roll call vote -Ayes: Six. (Mr. Jones stepped out momentarily).
June 8, 2015
Resolution adopted and upon approval by Mayor assigned No. 2015-429.
144621 - Welper/Hart
Page 7
that "Resolution to accept the Addendum to the Purchase and Sale Agreement for
property at 718 Kern Street from Wells Fargo to extend the closing date to June
26, 2015", be adopted. Roll call vote -Ayes: Six. (Mr. Jones stepped out
momentarily).
Resolution adopted and upon approval by Mayor assigned No. 2015-430.
144622 - Welper/Hart
that "Resolution dedicating a 10' wide utility easement along the northerly,
westerly, and southerly sides of Parcel "N", generally located 50' west of Lot 3
of Tower Park Plat No. 5, north of 233-235 Fisher Drive to Hurst Holding
Company", be adopted. Roll call vote -Ayes: Six. (Mr. Jones stepped out
momentarily).
Resolution adopted and upon approval by Mayor assigned No. 2015-431.
144623 - Welper/Hart
that "Resolution accepting a $35,000 grant from the Black Hawk Gaming
Association to purchase body cameras and related equipment (with $35,000 in
matching funds from the City)", be adopted. Roll call vote -Ayes: Six. (Mr.
Jones stepped out momentarily).
Mr. Schmitt questioned how many cameras $70,000 would purchase.
Dan Trelka, Director of Safety Services, explained that they are approximately
$500 each and the goal is to outfit all of the uniformed and reserve offices.
Resolution adopted and upon approval by Mayor assigned No. 2015-432.
144624 - Hart/Welper
that "Resolution approving a one year farm lease agreement with David Stout,
Stoutland Farms Inc. to farm approximately 27.3 acre of land generally located
between Martin Luther King Jr Drive and Newell Street at $200.00 per acres for a
total yearly payment of $5,460.00, and authorize Mayor and City Clerk to execute
said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Morrissey questioned why the price is variable.
Noel Anderson, Community Planning Development Director, explained that these are
the prices that were bid in 2014 and the prices are still favorable so they did
not go out to bid this year.
Resolution adopted and upon approval by Mayor assigned No. 2015-433.
144625 - Hart/Welper
that "Resolution approving a one year farm lease agreement with Lee Miller,
BarLee Farms to farm approximately 3.35 acres of land generally located at the
northwest corner of West Shaulis Road and Ansborough Avenue at $200.00 per acre
for a total yearly payment of $670.00; and authorize Mayor and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-434.
144626 - Hart/Welper
that "Resolution approving a one year farm lease agreement with Luke Weston to
farm approximately 67.15 acres of land generally located near the corner of
Independence Avenue and Northeast Drive at $253.00 per acre for a total yearly
payment of $16,988.95; and authorize Mayor and City Clerk to execute said
document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-435.
144627 - Hart/Welper
that "Resolution approving a one year farm lease agreement with Michael Cook to
farm approximately 20 acres of land generally located east of WCF&N Drive south
of Airline Hwy at $90.00 per acres for a total yearly payment of $1,800.00, and
authorize Mayor and City Clerk to execute said document", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
June 8, 2015
Resolution adopted and upon approval by Mayor assigned No. 2015-436.
144628 - Hart/Welper
Page 8
that "Resolution approving a one year farm lease agreement with Rousselow Bros
Farms Inc to farm approximately 31 acres of land generally located near the
northwest corner of Martin Road and Ridgeway Avenue at $161.29 per acres for a
total yearly payment of $5,000.00, and authorize Mayor and City Clerk to execute
said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-437.
144629 - Hart/Welper
that "Resolution approving a one year farm lease agreement with Wendell Lupkes
to farm approximately 19 acres of land generally located near the northwest
corner of West 4th Street and West Shaulis Road at $250.00 for a total yearly
payment, and authorize Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-438.
144630 - Cole/Hart
that "Resolution approving Notice of Discontinuation from NPDES Coverage Under
General Permit No. 2 to the Iowa Department of Natural Resources in conjunction
with F.Y. 2014 Treatment Plant Levee Tree Removal , Contract No. 868, and
authorize Mayor to execute said document", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-439.
144631 - Cole/Hart
that "Resolution approving award of contract to Mike Dolan Concrete & Masonry,
Inc., of Waterloo, Iowa, in the amount not to exceed $67,494.55, in conjunction
with F.Y. 2016 Cunningham School Safe Routes to School, Contract No. 851", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-440.
144632 - Cole/Hart
that "Resolution approving Amendment to Development Agreement with KWWL
Television, Inc., removing the requirement the City buy the 3rd floor, changing
the time frame for the City to buy the 4th floor to October 31, 2018, and
changing the time frame for the City to acquire and demolish the American Legion
building, and authorize the Mayor and City Clerk to sign and fully execute all
necessary documents", be adopted. Roll call vote -Ayes: Six. Nays: One. (Cole).
Motion carried.
Mr. Lind questioned if the price for the 4th floor will increase.
Noel Anderson, Community Planning & Development Director, explained that the
price for the 4th floor is locked in.
Resolution adopted and upon approval by Mayor assigned No. 2015-441.
144633 - Cole/Hart
that "Resolution approving Development Agreement with Park Avenue Lofts, LLC,
granting tax rebates for 10 years at 70 percent for the renovation of the
Masonic Temple building at 325 East Park Avenue, raising the minimum value of
the building to $1.1 million, and creating 11 new residential units within the
building, and authorize the Mayor and City Clerk to sign and fully execute all
necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Lind questioned if this amount of an incentive is necessary for development
downtown.
Noel Anderson, Community Planning & Development Director, stated that this is a
standard incentive for a project of this nature.
Resolution adopted and upon approval by Mayor assigned No. 2015-442.
144634 - Morrissey/Hart
that "Resolution authorizing an exception to the City of Waterloo purchasing
procedures to approve the purchase of License Plate Recognition (LPR System) to
June 8, 2015 Page 9
support Republic Parking in the enforcement of Parking in Waterloo in the amount
of $55,000 without taking of bids", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-443.
144635 - Morrissey/Hart
that "Resolution approving the Early Access Agreement with Con Agra Packaged
Foods to utilize the property located east of 2701 MidPort Boulevard for survey
work and earth moving activities, and authorize the Mayor and City Clerk to sign
and fully execute the document", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-444.
144636 - Morrissey/Hart
that "Resolution approving the Minor Site Plan Amendment in the "S-1" Shopping
Center District for Goodwill Industries for the renovation of 2332 Crossroads
Boulevard into a new Goodwill Retail Store", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-445.
ORDINANCES
144637 - Cole/Schmitt
that "an Ordinance enacting a new Chapter 5, Parking in Residential Area, of
Title 6, Motor Vehicles and Traffic", be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Two. Nays: Five (Cole,
Jones, Schmitt, Lind, Hart). Motion failed.
Mr. Schmitt questioned how long staff has been working on the ordinance changes
and suggested tabling the ordinance to allow a committee of contractors,
landlords, and realtors to weigh in on the impacts of the proposed changes.
144638 - Schmitt/Hart
To table the ordinance for 30 days. Ayes: Three. Nays: Four (Cole, Jones,
Morrissey, Welper). Motion failed.
Aric Schroeder, City Planner, reviewed the proposed changes to the ordinance. He
explained that the original review of the property maintenance code began
approximately a year ago and then have spun off into the proposed changes. The
original Chapter 5 has been removed from the current property maintenance code
and the new Chapter 5, with proposed changes, is what is before council at this
time to be voted upon. The Zoning Ordinance has been in the works for four
months.
Mr. Morrissey noted that the change allows for an appeal process.
Mr. Welper noted that Aric Schroeder, Maria Downing, and Chris Wendland worked
with him to clean up the front lawn parking section of the ordinance.
Mr. Hart explained that he has received numerous calls on this ordinance change
and, after visiting several areas in his ward, believes that this change would
adversely affect the citizens of his ward and, therefore, he will be voting
against the ordinance change.
Mr. Morrissey pointed out that the appeal process allows Council to allow
variances.
Aric Schroeder, City Planner, clarified some details and of some options
available to council regarding this ordinance change.
Mr. Hart questioned the ability to focus on particular areas with regard to the
ordinance change.
Mayor Clark suggested failing the motion in order to revisit the areas of the
motion in which council may have questions or reservations.
Mr. Welper asked for clarification on which parts of the proposed changes were
being questioned.
Mr. Hart stated that he had reservations about the changes requiring hard
surface parking.
June 8, 2015 Page 10
Mr. Welper explained that the hard surface requirement would be on the extension
of the driveway not on the main driveway itself. The hard surface would only be
required if the homeowner would decide to install an extension to their
driveway.
John Sherban, 1715 Robin Road, expressed concern with the ordinance.
Mayor Clark stated that there has been a committee working on this particular
ordinance for nearly a year and this particular change has been discussed at
council work sessions for the past four weeks.
Mark Pregler, 5312 Hammond Avenue, on behalf of the Property Rights Committee
for the Northeast Iowa Regional Board of Realtors, suggested not passing any
changes before getting outside input from other professionals and interests.
Dixon Stuelke, 421 Belmont Avenue, expressed concern with the ordinance as
written.
Bob Smith, 132 Moir Street, expressed concern with the ordinance.
Forest Dillavou, 1725 Huntington Road, expressed concern with the ordinance.
Mr. Welper clarified that there is no requirement to put concrete in a driveway
included in the ordinance change.
144639 - Hart/Welper
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Chapter 3, Sewer Regulations, Section 8 -3A -2A-7; and enacting
in lieu thereof a new Chapter 3, Sewer Regulations, Section 8 -3A -2A-7 (Minimum
monthly charge $14.25, including first 3 Ccf and $1.92 per Ccf over minimum
monthly charge for 800 ml Gallons per year)", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven. Motion
carried.
Michelle Weidner, Chief Financial Officer, explained that this amendment is
designed to protect the tax exempt status of our bonds and the increase only
applies to customers who have sewer flow of 800 million gallons per year. There
is one customer currently in the City of Waterloo that is affected.
144640 - Hart/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Lind).
Motion carried.
144641 - Hart/Welper
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Chapter 3, Sewer Regulations, Section 8 -3A -2A-7; and enacting
in lieu thereof a new Chapter 3, Sewer Regulations, Section 8 -3A -2A-7 (Minimum
monthly charge $14.25, including first 3 Ccf and $1.92 per Ccf over minimum
monthly charge)", be considered and passed for the second and third times and
adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5287.
144642 - Morrissey/Welper
that "an Ordinance amending the City of Waterloo Zoning Ordinance No. 5079 to
update multiple sections (on file in City Clerk's Office) including changes for
hard surfaced driveway and parking requirements, minimum garage requirements,
freestanding commercial parking lots, driveway and parking requirements for
multi -family dwellings, and other miscellaneous updates", be received, placed on
file, considered and passed for the first time. Roll call vote -Ayes: Four.
Nays: Three (Jones, Schmitt, Lind). Motion carried.
John Sherbon, 1715 Robin Road, expressed concern with the ordinance.
144643 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Schmitt,
Lind, Hart). Motion failed.
Dixon Stuelke, 421 Belmont Avenue, requested clarification on the process of
suspending the rules.
June 8, 2015
Page 11
Mayor Clark clarified that the state requires three readings to pass an
ordinance but allows the city council to bypass those rules should the council
choose to do so. A vote is necessary to determine the suspension of those rules.
OTHER COUNCIL BUSINESS
144644 - Hart/Morrissey
that Change Order 1 in the amount of $15,847.50 to Nagle Signs Inc. of Waterloo
Iowa, in conjunction with the Riverfront Sports Park #7 & #8 Field lighting
project, be approved. Voice vote -Ayes: Seven. Motion carried.
144645 - Hart/Morrissey
that amendment No. 2 to Professional Services Agreement with Struxture
Architects, in the amount of $4,732.50, in conjunction with the Waterloo Library
Restroom Renovation, be approved and authorize Mayor to execute said document.
Voice vote -Ayes: Seven. Motion carried.
144646 - Cole/Morrissey
that request of Police Officer Kyle Law for a variance to the City of Waterloo
Residency Policy to be allowed to live within a 20 -mile radius, be approved.
Voice vote -Ayes: Five. Nays: Two (Schmitt, Welper). Motion carried.
Mr. Lind questioned if Director Trelka supports the request.
Dan Trelka noted that he does support this request.
Mr. Schmitt expressed concern with setting precedence.
Mayor Clark explained that emergency personnel to be to respond in a timely
manner.
Mr. Schmitt questioned Mr. Trelka's concern that the residency policy set by the
City of Waterloo affects the ability to recruit police officers.
Dan Trelka, Director of Safety Services, stated that as long as the employees
show up for work on time and serve the community well his expectations are met.
He believes that they would have more candidates apply if the residency
requirement was extended.
Mr. Jones suggested looking at the policy as a whole rather than granting
variances.
Mr. Lind spoke in support of the variance.
Mr. Morrissey questioned if this particular request, if granted, would affect
this officer's ability to respond.
Dan Trelka stated that it would not.
Ms. Cole spoke in support of the variance.
Mr. Schmitt requested clarification of the city's current residency policy.
Mayor Clark stated that the current requirement is that emergency personnel live
within 10 miles of city hall. He also stated that it is illegal to require
emergency personnel to live within the city limits but we can set limits on the
amount of response time or maximum number of miles from city hall that emergency
personnel are allowed to reside.
Suzy Schares, City Clerk, noted that it is legal to require department heads to
live within the city limits but not emergency personnel. She also stated that
there are several employees who were grandfathered in when the current policy
was made effective and that is outlined in the current policy.
Mr. Jones reiterated the need to look at the policy as a whole.
Mayor Clark asked for ideas from the council from council regarding any changes
they think necessary regarding this policy.
Mr. Hart stated that he would be interested in looking at changes to this policy
but wanted to redirect council's attention back to this particular request and
the details from which the request was manifested.
Mr. Welper expressed his opposition to granting this variance.
Jim Chapman, 224 Bertch, spoke against the variance.
June 8, 2015
Kevin Everding, 617 Campbell Avenue, spoke against the variance.
Forest Dillavou, 1725 Huntington Road, spoke against the variance.
Page 12
Mr. Morrissey requested action from citizen regarding implementation of a wheel
tax and encouraged them to contact their state representatives in order to get
it passed. He stated that a wheel tax would greatly affect situations such as
this.
ORAL PRESENTATIONS
David Dreyer, 3145 W. 4th Street, encouraged Council to read an article written
by Dave Nagle. He expressed concern about the yard waste site is still backed
up.
John Sherban, 1715 Robin Road, thanked Council for their work for the community.
Bob Smith, no address given, expressed concern with the ordinance change to the
parking portion of the property maintenance code.
144647 - Hart/Morrissey
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
144648 - Hart/Morrissey
that the council adjourn to Executive Session at 7:21 p.m. Roll call vote -Ayes:
Seven. Motion carried.
City Attorney David Zellhoefer stated that discussion of pending litigation is
an approved topic of Executive Session pursuant to Iowa Code Section 21.51(c).
EXECUTIVE SESSION
144649 - Hart/Schmitt
that the council adjourn Executive Session at 7:22 p.m. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
144655 - Hart/Schmitt
that the Council adjourn at 7:42 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy S ares, CMC
City Cl-rk/Human Resource Director