HomeMy WebLinkAboutMinutes-4/11/2016April 11, 2016
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, April 11, 2016. Mayor Pro -tem
Welper in the Chair. Roll Call: Jacobs, Morrissey, Jones, Lind, Amos, Schmitt, and
Welper.
Prayer or Moment of Silence.
Pledge of Allegiance: David Jones, Ward 1 Council Member
145867 - Schmitt/Lind
that the Agenda, as proposed, for the Regular Session on Monday, April 11, 2016,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
145868 - Schmitt/Lind
that the Minutes, as proposed, for the Regular Session on Monday, April 4, 2016,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Pro -tem Welper read a Proclamation declaring April 10-16, 2016, as Crime
Victims' Rights Week.
CONSENT AGENDA
145869 - Schmitt/Morrissey
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 April
11, 2016, in the amount of $1,402,370.12, 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. 2016-252.
2. Resolution approving request from the Memorial Day Board to hold a
Memorial Day Parade on May 30, 2016 from 9:45 a.m. to 11:45 a.m. with an
honor guard salute and a parade route utilizing Commercial, 5th, Park
Avenue and Mulberry Streets, requiring barricades.
Resolution adopted and upon approval by Mayor assigned No. 2016-253.
b. Motion to approve the following:
1.
a.
b.
c.
2.
a.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Lt. Ferguson
Fire Alarm System
Testing &
Inspections /
Fire Alarm Plan
Review
Minneapolis,
MN
May 3-6,
2016
$828.00
Lt. Ferguson
2 Day Sprinkler
System Plan
Review (National
Fire Sprinkler
Association)
Lockport, IL
May 10-12,
2016
$530.00
Todd Henrich and
Joel Shepard,
Building
Maintenance
Continuing
Education - IA
State Electrical
License
Cedar
Rapids, IA
May 2-3,
2016
$1,198.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Half Pint Saloon, 1831
Independence Avenue
C Liquor
w/Outdoor
Renewal
04/18/2017
X
April 11, 2016
Page 2
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Carrie Diesburg
Human Rights
04/04/2019
New Appointment
Roll call vote -Ayes: Seven. Motion carried. Mr. Jones asked for Item 1.3.3.a
to be voted on separately.
Mr. Lind questioned if the fire training is for fire marshal training.
Dan Trelka, Director of Safety Services, clarified that the training is not
specific to the fire marshal positon.
145870 - Morrissey/Amos
Item 1.B.3.a appointment of Carrie Diesburg to the Human Rights Commission to
expire on 4/4/2019. Roll call vote -Ayes: Four. Nays: Three (Lind, Schmitt,
Jacobs). Motion carried.
Dave Zellhoefer, City Attorney, explained that the Human Rights Commission Code
is silent as to residency requirements. That would infer that residency is not a
requirement. He will put his opinion in writing.
PUBLIC HEARINGS
145871 - Morrissey/Schmitt
that proof of publication of notice of public hearing on Issuance of a quit
claim deed for lot 10 block 4 of Lakeside Addition to BBP Real Estate Holdings,
LLC for $1.00, as published in the Waterloo Courier on April 1, 2016, 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.
Bill Kammeyer, 526 Home Park Blvd., questioned who the applicants are.
Noel Anderson, Community Planning and Development Director, explained the BBP
Real Estate Holdings is owned by Ben Stroh.
Bruce Kaesser, 500 Sycamore St., questioned who checks on the return for this
investment.
Noel Anderson explained that this is a clearing of title so there is no
development agreement to be followed.
145872 - Morrissey/Schmitt
that the hearing be closed and oral comments be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
145873 - Morrissey/Amos
that "Resolution authorizing said conveyance to BBP Real Estate Holdings, LLC
for $1.00, 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. 2016-254.
145874 - Lind/Amos
Service
Hy -Vee #l, 2834
Ansborough Avenue
B Wine / C Beer
/ E Liquor
Renewal
03/23/2017
X
Panchero's Mexican
Grill, 2845 Crossroads
Blvd.
B Beer w/Outdoor
Service
Renewal
03/31/2017
X
Sam's Club #6514, 210
E. Tower Park Drive
B Wine / C Beer
/ E Liquor
Renewal
02/28/2017
X
Screaming Eagle
American Bar & Grill,
228 E. 4th Street
C Liquor
w/Outdoor
Service
Renewal
04/20/2016
X
South Hills Golf
Course, 1830 E.
Shaulis Road
B Beer w/Outdoor
Service
Renewal
03/31/2017
X
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Carrie Diesburg
Human Rights
04/04/2019
New Appointment
Roll call vote -Ayes: Seven. Motion carried. Mr. Jones asked for Item 1.3.3.a
to be voted on separately.
Mr. Lind questioned if the fire training is for fire marshal training.
Dan Trelka, Director of Safety Services, clarified that the training is not
specific to the fire marshal positon.
145870 - Morrissey/Amos
Item 1.B.3.a appointment of Carrie Diesburg to the Human Rights Commission to
expire on 4/4/2019. Roll call vote -Ayes: Four. Nays: Three (Lind, Schmitt,
Jacobs). Motion carried.
Dave Zellhoefer, City Attorney, explained that the Human Rights Commission Code
is silent as to residency requirements. That would infer that residency is not a
requirement. He will put his opinion in writing.
PUBLIC HEARINGS
145871 - Morrissey/Schmitt
that proof of publication of notice of public hearing on Issuance of a quit
claim deed for lot 10 block 4 of Lakeside Addition to BBP Real Estate Holdings,
LLC for $1.00, as published in the Waterloo Courier on April 1, 2016, 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.
Bill Kammeyer, 526 Home Park Blvd., questioned who the applicants are.
Noel Anderson, Community Planning and Development Director, explained the BBP
Real Estate Holdings is owned by Ben Stroh.
Bruce Kaesser, 500 Sycamore St., questioned who checks on the return for this
investment.
Noel Anderson explained that this is a clearing of title so there is no
development agreement to be followed.
145872 - Morrissey/Schmitt
that the hearing be closed and oral comments be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
145873 - Morrissey/Amos
that "Resolution authorizing said conveyance to BBP Real Estate Holdings, LLC
for $1.00, 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. 2016-254.
145874 - Lind/Amos
April 11, 2016 Page 3
that proof of publication of notice of public hearing on 2016 Stump Removal
Project, as published in the Waterloo Courier on April 4, 2016, 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.
Bruce Kaesser, 501 Sycamore, questioned what will be placed where the stumps
are.
Paul Huting, Leisure Services Director, explained that the soil is restored but
the trees are not replaced.
145875 Lind/Schmitt
that the hearing be closed and oral comments be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
145876 Lind/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the 2016 Stump Removal Project", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-255.
145877 Lind/Schmitt
that "Resolution authorizing to proceed in conjunction with the 2016 Stump
Removal Project", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-256.
145878 - Lind/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer to
Director of Leisure Services for review.
Bidder
Bid
Security
Bid Amount
Schaefer Tree & Lawn
Waterloo, IA
$5,445.50
(Check)
$108,890.00
Twin City Tree Service
Waterloo, IA
$5,600.00
$112,000.00
Wilson Custom Tree
Cresco, IA
Withdrawn
Voice vote -Ayes: Seven. Motion carried.
145879 - Schmitt/Morrissey
that proof of publication of notice of public hearing on the request by Bauer
Built tires to vacate a 16 foot wide sanitary sewer easement between Lots 24 and
25 of Garden Place Addition and a rectangular sanitary sewer easement
approximately 29.5' x 25.0' near the southeast corner of Lot 24 to allow for the
construction of an 8,170 SF warehouse addition, located adjacent to 2086 Howard
Avenue, as published in the Waterloo Courier on April 1, 2016, 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.
Jim Ellis, JDE Engineering, explained that they are working on the civil design
and they are available for any questions.
145880 - Schmitt/Morrisey
that the hearing be closed and oral comments and recommendation of approval of
the Planning, Programming, and Zoning Commission be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
145881 - Schmitt/Morrissey
that "an Ordinance approving a request by Bauer Built tires to vacate a 16 foot
wide sanitary sewer easement between Lots 24 and 25 of Garden Place Addition and
a rectangular sanitary sewer easement approximately 29.5' x 25.0' near the
southeast corner of Lot 24, located adjacent to 2086 Howard Avenue", be
April 11, 2016 Page 4
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven.
145882 - Schmitt/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven.
Mr. Jacobs requested that the rules be suspended as it has no impacts on
neighboring parcels.
Mr. Morrissey questioned if timeliness is an issue.
Jim Ellis, JD Engineering, explained that the developer would like to proceed as
soon as possible.
145883 - Schmitt/Morrissey
that "an Ordinance approving a request by Bauer Built tires to vacate a 16 foot
wide sanitary sewer easement between Lots 24 and 25 of Garden Place Addition and
a rectangular sanitary sewer easement approximately 29.5' x 25.0' near the
southeast corner of Lot 24, located adjacent to 2086 Howard 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. 5344.
145884 Lind/Schmitt
that proof of publication of notice of public hearing on 2016 Right of Way
Mowing Contract, as published in the Waterloo Courier on April 1, 2016, 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.
145885 - Lind/Schmitt
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145886 - Lind/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the 2016 Right of Way Mowing Contract", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-257.
145887 - Lind/Schmitt
that "Resolution authorizing to proceed in conjunction with the 2016 Right of
Way Mowing Contract", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-258.
145888 - Lind/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer to
Director of Leisure Services for review.
Bidder
Bid Security
Bid Amount
Professional Lawn Care
Waterloo, IA
$3,000
(Check)
Opt A
$48.75
Opt B
$51.50
Opt C
$41.55
Opt D
0
Opt E
$59.75
B & B Lawncare
Waterloo, IA
$3,000
(Check)
Opt A
$47.70
Opt B
$57.70
Opt C
$39.25
Opt D
$1,600.00
Opt E
$57.70
April 11, 2016 Page 5
Voice vote -Ayes: Seven. Motion carried.
145889 - Morrissey/Amos
that notice of public hearing on the Dollar General #7136, Tobacco Violation -
First Offense, 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.
145890 - Morrissey/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145891 - Morrissey/Amos
that "Resolution confirming approval Order Assessing Civil Penalty of
$300.00 and instruct Mayor and City Clerk to execute Order Assessing Penalty -
First Violation in conjunction with the Dollar General #7136, Tobacco Violation
- First Offense", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-259.
145892 - Amos/Morrissey
that proof of publication of notice of public hearing on Ordinance approving the
request by Signs and Designs on behalf of Prime RE LLC, for a site plan
amendment to allow off -premise signage to be located at 2027 Crossroads
Boulevard, to advertise future retail businesses at 2039 Crossroads Boulevard,
on a 339 square foot sign, as published in the Waterloo Courier on April 1,
2016, 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.
145893 - Amos/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.
Noel Anderson, Community Planning and Development Director, explained that this
is a joint commercial sign on San Marnan frontage area.
Mr. Schmitt clarified that the issue is the size and the sharing of the sign.
145894 - Amos/Morrissey
that "an Ordinance approving the request by Signs and Designs on behalf of Prime
RE LLC, for a site plan amendment to allow off -premise signage to be located at
2027 Crossroads Boulevard, to advertise future retail businesses at 2039
Crossroads Boulevard, on a 339 square foot sign", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven.
145895 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Jacobs).
Motion carried.
145896 - Amos/Morrissey
that "an Ordinance approving the request by Signs and Designs on behalf of Prime
RE LLC, for a site plan amendment to allow off -premise signage to be located at
2027 Crossroads Boulevard, to advertise future retail businesses at 2039
Crossroads Boulevard, on a 339 square foot sign", 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. 5345.
RESOLUTIONS
145897 - Lind/Amos
that "Resolution approving completion of project, recommendation of acceptance
of work performed by Peters Construction of Waterloo, Iowa, and release of
April 11, 2016 Page 6
$7,366.39 retainer to Peters Construction, in conjunction with the Waterloo
Center of Arts Schoitz Room Renovation", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-260.
145898 - Lind/Amos
that "Resolution approving Acceptance of Improvements of the Audubon Heights
Fourth Addition performed by Dave Schmitt Construction Co. Inc. of Cedar Rapids,
Iowa (Contractor); and receive and file two-year maintenance bond from Skogman
Construction Company of Iowa (Developer)", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-261.
145899 - Lind/Amos
that "Resolution approving Acceptance of Improvements of the Audubon Heights
Fifth Addition performed by Dave Schmitt Construction Co. Inc. of Cedar Rapids,
Iowa (Contractor); and receive and file two-year maintenance bond from Skogman
Construction Company of Iowa (Developer)", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-262.
145900 - Lind/Amos
that "Resolution approving award of contract to R & D Lawn Care LLC, of
Waterloo, Iowa, for Option A $200.00 per occurrence, Option B $250.00 per
occurrence, Option C $30.00 per man hour, Option D $45.00 per acre, Option E
$25.00 per man hour, and approving the bonds and certificate of insurance, in
conjunction with the 2016 Lift Stations and Complaint Mowing with Complaint Snow
Removals, and authorize Mayor and City Clerk to execute said contract", be
adopted. Roll call vote -Ayes: Seven.
Forest Dillavou, 1725 Huntington Road, questioned if this is the same contractor
as last year, if the rates are the same, and if the process of notification will
remain the same.
Dave Zellhoefer, City Attorney, will contact Mr. Dillavou with the answer.
Resolution adopted and upon approval by Mayor assigned No. 2016-263.
145901 - Morrissey/Lind
that "Resolution approving a request by Steve Troskey on the behalf of BCS
Properties, LLC for the preliminary plat of Village West Subdivision, a six lot
commercial subdivision, located east of 1844 West Ridgeway Avenue", be adopted.
Roll call vote -Ayes: Seven.
Mr. Schmitt questioned if the developer and the neighbors have met.
Steve Troskey, CGA Engineers, explained that two meetings were held and all of
the neighbor's questions were addressed. He further stated that a recap email
was sent to council including documents presented at those meetings.
Mr. Morrissey explained that the neighbors are concerned with high density
residential homes. He questioned the proposed detention ponds. He clarified that
there is no intention of building a road to Highway 63.
Mr. Troskey explained that is not in the developer's plans. The detention pond
will be constructed. A second and third pond may be constructed for future
development.
Mr. Lind questioned if the proposed detention ponds meet the requirements for
100 year flood plans.
Eric Thorson, City Engineer, confirmed that they do meet the 100 year flood plan
requirements.
Noel Anderson, Community Planning and Development Director, clarified the zoning
requirements for properties adjoining the development area.
David Dryer, 3145 W. 4th Street, questioned what is required for a setback. He
expressed concern that a road could be proposed to Council in the future.
Noel Anderson, Community Planning and Development Director, explained that the
required setback is a maximum of 40 feet.
April 11, 2016 Page 7
Frank Medina, 849 Jane Street, expressed concern with the detention ponds
capability.
Adam Daters, CJ Engineering, explained that the storm water from the site will
be managed but not the cemetery run off. They will manage any runoff that runs
through the development.
Mr. Morrissey questioned what happens to the water in the retention pond.
Mr. Daters explained that the pond hold the water for a temporary period of time
and then it is slowly released.
Resolution adopted and upon approval by Mayor assigned No. 2016-264.
145902 - Morrissey/Lind
that "Resolution approving a variance to the requirements of the Subdivision
Ordinance in Section 2.1(2) General Procedure, Official Submission Dates for a
request for the Final Plat of Hawthorne Estates First Addition", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-265.
145903 - Morrissey/Lind
that "Resolution approving a request by Steve Troskey on the behalf of BCS
Properties, LLC for the final plat of Village West Subdivision, a six lot
commercial subdivision, located east of 1844 West Ridgeway Avenue", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-266.
145904 - Morrissey/Schmitt
that "Resolution approving the request by Bauer Built Tires to dedicate a twenty
foot wide utility easement generally located west of 2086 Howard Avenue", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-267.
ORDINANCES
145905 - Morrissey/Amos
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances, Title
8 Chapter 3 Article E Section 2, Definitions by striking Food Service
Establishment or FSE and enacting in lieu thereof a new Food Service
Establishment or FSE", be considered and passed for the third time and adopted.
Mr. Lind moved to amend by inserting a waiver of fees clause.
John LaPointe, Interim Waste Management Director, explained that this amendment
is simply changing a definition within the ordinance.
Suzy Schares, City Clerk, explained that this section of the ordinance has
nothing to do with fees.
Dave Zellhoefer, City Attorney, stated that there would be an issue of proper
notice with any amendment that would be proposed.
145906 Lind/Schmitt
to table for two weeks and add a first reading of an ordinance allowing the fees
to be waived. Roll call vote -Ayes: Seven.
John Sherban, 1715 Robin Road, expressed concern over the requirements within
this ordinance and the costs to the business owner as a result.
145907 - Schmitt/Lind
that "an Ordinance amending the 2007 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Section 3 (A), Special Assessments for Improvements
and Section 5 Contractor's Bond of Chapter 2, Sidewalk Construction, Inspections
and Repair of Title 7, Public Ways and Property, and Section 7 (D) Billing,
Certification to County of Chapter 2A, Cost of Improvements; Assessments of
Title 7 Public Ways and Property in their entirety; and enacting in lieu thereof
a new Section 3 (A), Special Assessments for Improvements and Section 5
Contractor's Bond of Chapter 2, Sidewalk Construction, Inspections and Repair of
April 11, 2016 Page 8
Title 7, Public Ways and Property and Section 7 (D) Billing, Certification to
County of Chapter 2A, Cost of Improvements; Assessments of Title 7 Public Ways
and Property in conjunction with special assessments for improvements and
contractor's bond for sidewalk construction, inspections, and repair", be
received, placed on file, considered and passed for the second time. Roll call
vote -Ayes: Seven. Motion carried.
Suzy Schares, City Clerk, asked that council suspend the rules expressing
timeliness due to change in state law.
Eric Thorson, City Engineer, explained the requirements involved with the
assessment process.
145908 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
145909 - Schmitt/Lind
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 3 (A), Special Assessments for Improvements and
Section 5 Contractor's Bond of Chapter 2, Sidewalk Construction, Inspections and
Repair of Title 7, Public Ways and Property, and Section 7 (D) Billing,
Certification to County of Chapter 2A, Cost of Improvements; Assessments of
Title 7 Public Ways and Property in their entirety; and enacting in lieu thereof
a new Section 3 (A), Special Assessments for Improvements and Section 5
Contractor's Bond of Chapter 2, Sidewalk Construction, Inspections and Repair of
Title 7, Public Ways and Property and Section 7 (D) Billing, Certification to
County of Chapter 2A, Cost of Improvements; Assessments of Title 7 Public Ways
and Property in conjunction with special assessments for improvements and
contractor's bond for sidewalk construction, inspections, and repair", be
considered and passed for the third time and adopted. Roll call vote -Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5346.
145910 - Lind/Schmitt
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 by
Steve Troskey on the behalf of BCS Properties, LLC to rezone approximately 11.73
acres from "R-3" Multiple Residence District, "R -3,C -Z" Conditional Zoning
District, "R-4" Multiple Residence District and "C-2" Commercial District to "C-
P" Planned Commercial District for the purposes of developing a commercial
subdivision, located east of 1844 West Ridgeway Avenue", be considered and
passed for the third time and adopted. Roll call vote -Ayes: Seven.
Mr. Lind clarified that this request eliminates residential zoning in this area.
Noel Anderson, Community Planning & Development Director, that any future
proposal for residential development in this area would have to be approved by
council.
Ordinance adopted and upon approval by Mayor assigned No. 5347.
145911 - Morrissey/Jones
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 of
XL Colt Farms, LLC to rezone approximately 19.92 acres from "A-1" Agricultural
District, "R-1" One and Two Family Residence District and "R-3" Multiple
Residence District to "R-1" One and Two Family Residence District for the
purpose of developing a residential subdivision, located east of 1867 Red Tail
Drive", be considered and passed for the third time and adopted. Roll call
vote -Ayes: Seven.
Mr. Lind asked for clarification.
Noel Anderson, Community Planning and Development Director, stated that the
purpose of this action is to further define the zoning of this area.
Ordinance adopted and upon approval by Mayor assigned No. 5348.
OTHER COUNCIL BUSINESS
145912 - Schmitt/Jones
April 11, 2016 Page 9
that Change Order No. 19, for a net increase of $22,185.20, which addresses the
increase/decrease of final quantities in conjunction with the Shaulis Road
Extension, Contract No. 784, STP -U-8155(711)-70-07, for a final contract amount
of $3,150,397.87and authorize Mayor to sign said document, be received, placed
on file and approved.. Voice vote -Ayes: Seven. Motion carried.
145913 - Schmitt/Jones
that the Exception to Burning Yard Waste Application by David Rousselow of
Rousselow Bros Farms to burn switch grass along a creek with plowed fields on
either side of the creek to get rid dead vegetation, April through May 8
(weather permitting), generally located near 5051 Eldora Ct., be received,
placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, asked for the total amount of change orders.
Will Frost, 501 Sycamore, spoke in support of the traffic safety grant for the
study of 5th and 6th Street.
Steve Murphy, 124 Terrace Drive, expressed concern with the condition of the dog
track property near Highway 20. He asked for some of Code Enforcement working
second shift and on weekends.
Forest Dillavou, 1725 Huntington Road, questioned if KWWL is selling their
property.
Noel Anderson, Community Planning and Development Director, explained that
nothing would prevent them from selling the building as long as they met the
development agreement.
Bill Kammeyer, 526 Home Park Blvd., expressed concern with using property names.
Bruce Kaesser, 500 Sycamore St., asked who is in charge of enforcing no smoking
on public property.
145914 - Lind/Amos
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
145915 - Lind/Amos
that the council adjourn to Executive Session at 6:54 p.m. Roll call vote -Ayes:
Seven. Motion carried.
Mr. Zellhoefer stated that he is the attorney
City Attorney Dave Zellhoefer stated that discussion of Property acquisition is
an approved topic of Executive Session pursuant to Iowa Code Section
21.5 (1) (j) (2015) .
EXECUTIVE SESSION
145916 - Lind/Jacobs
that the council adjourn Executive Session at 7:25
Seven. Motion carried.
145917 - Lind/Jacobs
To proceed. Ayes: Seven. Motion carried.
ADJOURNMENT
145918 - Lind/Jacobs
that the Council adjourn at 7:25 p.m. Voice vote -Ayes: Seven. Motion carried.
p.m.
Voice vote -Ayes:
0.064-Zf)
Suzy Sch res, CMC
City Cle k/Human Resource Director