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HomeMy WebLinkAboutMinutes and Resolution of Bills for 12/15/2014.-12/15/2014STATE OF IOWA, } Black Hawk County SS MONDAY, DECEMBER 29, 2014 • PAGE B5 December 15, 2014 The Council of zh City of Waterloo, Iowa, met 9n Regu lar Session at Harold E. Getty-Couneil Chambers, Waterloo, Iowa, at 5:30 p.m on Monday, December 15, 2014.. Mayo Emest G.::Clark 'in'the Chair.- Roll Cal Cole, Jones, Schmitt, Lind, Morass Welper, and Hart. Moment of Silent Pledge of Allegiance: Craig Clark, Build ing Official/Maintenance Administrator. Hart/Morrissey that the Agenda, amend ed moving items 5,6,7,8 after item 18, fo the Regular Session on Monday, Decem ber 15, 2014, at 5:30 p.m., be accepte and approved. Voice vote -Ayes: Seven Motion carried. Hart/Monissey that the Minutest <a proposed, for the .Regular. Session ' -o Monday, December 8, 2014, at 5'.30 p.m. be accepted and approved. Voice vote Ayes: Seven. Motion carried.` Mayor Clark performed a Swearing In Fire Fighters Mike Zimmerly, Kyle Fulle Kyle Bovy, Levi Hubka and Randy Han sen. CONSENT AGENDA Hart/Schmitt that the following Items o the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Com mittee Invoice Summary Report, dated December 15, 2014, Jn the amouamount$2,536,813.21, a copy of which is' on file in the City Clerk's office, together with recommendation of approval of the Fi- nance Committee. Resolution adopted and upon approval by Mayor assigned ' 140.2014-1032. 2. Resolution approving the request of Gregory S. Nelsen for tax exemptions on the construction o1 a new single fam- ily home valued at 5193,546 for property located at 4153 Mockingbird Lane and located in the City Limits Urban Revital- ization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-1033. 3. Resolution approving the request of Beverly A. Burton for tax exemptions on the construction of a new attached ga- rage valued at $20,000 for the property located et 324 Bates Street and located within the Consolidated Urban Revital- ization Area (CUBA). Resolution adopted and upon approval by Mayor assigned No. 2014-1034. 4. Resolution approving the request of Tim Johnson for tax exemptions on the construction of new storage buildings valued at $210,000 for property located at 712 Ansborough Avenue and located ,n the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-1035. b. Motion to approve the following: 1. Travel Requests Name & Title of PersonnelClass/Meeting Destination Date(s) Amount not to Exceed a. Jimmy James Canales & Mat Kubo - PerfommanceArtistsVertigo Performance Art Series Waterloo Center for the Arts 11/14/14 - 11/17/14 6300.00 2. Approved Beer, Liquor, and Wine Ap- plications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday a. Casey's General Store 42427, 3035 Lo- gan Ave. Class C Beer, B Native Wine Renewal12/31/15 X b. The Supervisors Club, 3265 DeWitt Rd. Class C Liquor & Outdoor Sales Renewal 11/09/15 X c. La Michoacan Restaurant, 1221 Franklin St. Class B Beer Renewal 11/11/15 X d. Casey's General Store 42866, 51 E. Tower Park Dr. Class C Beer, B Native Wine Renewal 12/27/18 X 3. Recommendation of re -appointment of Randy Miller, Mike Mrzlak, Craig White Wittner Melvin (alternate) to the Me- morial Hall Commission with tens expira- tion of December 31, 2017. Roll call vote -Ayes: Seven. Motion car- ried. Mr. Lind questioned why the travel re- quest for Culture and Arts i3 in arrears. Kent Shankle, Cultural & Arts Commis- sion Director, explained that, due to weather delay, there was an additional night added and changed the request previously approved to $300.00 from t $250.00. PUBLIC HEARINGS Schmitt/Hart that proof of publication of notice of public hearing on Purchase of Seven (7) 2015 Patrol Vehicles, as pub- lished in the Waterloo Courier on Novem- ber 26, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. a This being the time and place of public a hearing, the Mayor called for written and t oral objections and there were none. Schmitt/Hart that the heating be closed. h Voice vote -Ayes: Seven. Motion carried. n SchmitVHart that -"Resolution confirm- ing approval of specifications, bid docu- t ments, etc.", be adopted. Roll call vote - Ayes: Seven. 0 Resolution adopted and upon approval C by Mayor assigned No. 2014-1036. Hart/Schmitt that "Resolution authorizing w to proceed", be adopted. Roll call vote- N Ayes: Seven. t Resolution adopted and upon approval a e 2(C) Preliminary Plat Approval, section - 11-3-3(D)ApplicationProcedureand Re- quirements cand a waiver to the. require- ., ments of the Subdivision Ordinance in r Section 11.4-4 (A) Deferral or Waiver of I:" Required Improvements as it relates to ey, the approval of the Preliminary and Final e. Plat of: Nottingham Third Addition.", be - adopted. Mayor Clark explained that the Planning - and Zoning Commission recommended r denial and staff recommends approval of - the request. d l Mike° Young,: Attorney for Robin Hood . Enterprises; explained that Me request meets all of the City's requirements but s has faced objections from the neighbors. n Hereviewed the objections he is aware , of. The zoning was done approximately - 10 years ago. Bill Claassen, Claassen Engineering, ex - of plained the design of the development r, andthe measures taken toprevent flood- ing. Rick' Young, Developer, explained that FEMA has submitted a LOMA and It is n not considered in the floodplain. The ,retention area is required. The develop- ment will be owned and managed by a homeowner's association. - George Stigler, 4616 William Dc, ex- pressed concern with the retention pond/ of detention pit proposed for the develop- ment. He noted that the property has flooded on three separate occasions in the last six years. He noted that the Plan- ning and Zoning commission voted to deny the plat. Phyllis Doulaveris, 4558 William Drive, expressed concern with the detention area being proposed. Wendell Lupkes, 4862 W. 4th Street, ex- pressed concern with the detention area being proposed and the proposed home- owner's association's responsibility to maintain the detention pond area. Gary Luterek, 4828 W. 4th Street, noted e handout emalled to Council with the ob- jections from the surrounding neighbors. He expressed concern with the proposed detention pond. Kevin Cortrighq Developer, spoke in sup- port of the development Lynn Day, 4525 William Drive, spoke in opposition to the development as pro- posed and expressed concern with the water issues in the development. Pamela Wolff, 4810 W. 4th Street, spoke In opposition to the subdivision as pro- posed and expressed concern with flooding in the area and the size of the detention area. Concern was expressed regarding the lack of definition of Tract B. Anthony Day, 4525 William Drive, report- ed giving a petition in opposition to the development as proposed. He expressed concem with the flooding in the develop- ment area and the retention area Ranee Lupkis, 4862 W. 4th Street, ex- pressed concem with staff's recommen- dation due to it violating City Code. Mr. Welper questioned if the standing water is due to lack of grading and ques- tioned if the detention pits have a history of chemicals or disease. Noel Anderson, Community Planning and Development Director, explained that the Health Department does review the requests and has not expressed any concem. Rick Young explained that the retention pond will be a dry pond. The developer will cut it back but believe keeping it larger will help the area. The grading will be done immediately. He explained that some of the standing water was due to a storm sewer being plugged. Wendell Lupkes explained that the is- sue is not with the flooding of the lots. Ile believes that a Board of Adjustment variance is required to have a detention pond in the floodplain. Noel Anderson explained that the sec- tion quoted does not apply to this area. He explained that several cities allow the retention pond in a floodway and/or floodplain Mr. Lind reiterated that a Board orAdjust- ment variance i3 not required, the size of the retention pond is adequate, and excavation is permitted. He questioned the variance to allow approval of the fi- nal plat tonight. He suggested approving all items other than the final plat to allow he design of the retention pond to be re- viewed by the home owners. Noel Anderson confirmed those assess- ments. It was explained that the variance was required to allow Council to consider both the preliminary and final plat at the same time. Eric Thorson, City Engineer, explained that staff has reviewed the calculations nd the retention pond is not excessive nd it is a good thing to be larger than he minimum. Ms. Cole explained that the development as been being discussed by the Plan- ing and Zoning Commission for three months and the two sides are not going o reach an agreement. Mr. Morrissey asked for clarification f the four resolutions. He asked what ouncil is supposed to be considering for approval. He questioned if City Code ill be violated if approved. oel Anderson explained the variance, he preliminary plat approval, the final pproval, and the request to rename I do solemnly swear that the annexed copy of legal City of Waterloo 12/15 Minutes and Bills Notice was published in the Waterloo -Cedar Falls Courier, a daily) newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 29th day of December, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular Legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printe 's :.ill $465.86 Signed Subscribed and sworn to before me this 1q Day of \ ` A.D., 20 15 Received of Notary Public the sum of Dollars. 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