HomeMy WebLinkAboutMinutes-3/28/2016March 28, 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, March 28, 2016. Mayor Quentin
Hart in the Chair. Roll Call: Jacobs, Morrissey, Jones, Amos, Schmitt, and Welper.
Absent: Lind.
Prayer or Moment of Silence.
Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations.
145775 - Welper/Schmitt
that the Agenda, as amended tabling the traffic ordinances #20 and #21, for the
Regular Session on Monday, March 28, 2016, at 5:30 p.m., be accepted and
approved. Voice vote -Ayes: Six. Motion carried.
145776 - Welper/Schmitt
that the Minutes, as proposed, for the Special Session on Monday, March 10,
2016, at 5:30 p.m., and the minutes, as proposed, for the Regular Session on
Monday, March 21, 2016, at 5:30 p.m. be accepted and approved. Voice vote -Ayes:
Six. Motion carried.
Mayor Hart read a Proclamation declaring March 28 -April 2, 2016 as National
Community Development Week.
CONSENT AGENDA
145777 - Welper/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
28, 2016, in the amount of $1,301,962.49, 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. 2016-211.
2. Resolution approving request of the Screaming Eagle American Bar & Grill,
228 East 4th Street, to close the 600 block of Lafayette Street every
Thursday between May 5, 2016 and October 27, 2016 from 5:00 p.m. to 11:00
p.m., with use of city barricades, and for a variance to the Noise
Ordinance including a band and the use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2016-212.
3. Resolution approving request of RiverLoop Amphitheatre, Inc. for a
variance to the Noise Ordinance from April 30, 2016 through November 15,
2016 from 10:00 a.m. to Midnight in conjunction with Musical Concerts,
Wedding Receptions and Private Parties to be held at Riverloop
Amphitheatre & Expo Plaza on the west side of Cedar River 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. 2016-213.
4. Resolution approving request from Timothy J. Brustkern for a waiver for a
concrete driveway located at 5450 Fouik Road with the elimination of the
sidewalk section due to the inability to meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2016-214.
5. Resolution setting date of public hearing as April 11, 2016 to approve
Order assessing civil penalty for $300.00 to Dollar General #7136, 66 E.
Tower Park Drive, Waterloo, Iowa for sale of tobacco to minor -first
offense.
Resolution adopted and upon approval by Mayor assigned No. 2016-215.
6. Resolution setting a date of hearing as April 11, 2016 for the issuance of
a quit claim deed for lot 10 block 4 of Lakeside Addition, located at 410
Rath Street, to BBP Real Estate Holdings, LLC for $1.00.
Resolution adopted and upon approval by Mayor assigned No. 2016-216.
March 28, 2016
b.
Page 2
7. Resolution re -setting the date of public hearing as April 11, 2016, for
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, and instruct City Clerk
to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-217.
8. Resolution setting the date of hearing for April 11, 2016 for a request by
Bauer Built Tires to vacate a 16 foot wide sanitary sewer easement between
Lots 24 and 25 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, and authorize City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-218.
Motion to approve the following:
1.
a.
2.
a.
b.
c.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Tajah Wright,
Housing
Coordinator
Housing Choice
Voucher (HCV)
Specialist Online
Certification Exam
N/A
Prior to
April 13,
2016
$150.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Hometown Foods, 1010
E. Mitchell Avenue
B Wine / C Beer
/ E Liquor
Renewal
03/09/2017
X
J's R & B Lounge, 501
Independence Avenue
C Liquor
Renewal
04/06/2017
X
Prime Mart, 508
Broadway Street
B Wine / C Beer
/ E Liquor
Renewal
03/31/2017
X
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
145778 - Schmitt/Welper
that proof of publication of notice of public hearing on 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, as
published in the Waterloo Courier on March 18, 2016, be received and placed on
file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
145779 - Schmitt/Welper
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: Six. Motion carried.
145780 - Schmitt/Welper
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 received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Six. Motion carried.
March 28, 2016 Page 3
Mr. Schmitt questioned how the conversation with Planning & Zoning ended
regarding lot sizes associated with this project.
Noel Anderson, Community Planning and Development Director, explained that the
question regarding the lot size was in relation to the residential rezoning
portion and the Planning and Zoning Commission is moving forward with the
platting of the land which deals more with lot sizes and utility connections,
the items which area residents were most concerned. He added that they plan to
have the developer meet with the neighborhood as well.
145781 - Schmitt/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,
Jacobs). Motion failed.
Mr. Schmitt questioned if there is a timeliness issue that requires the rules to
be suspended.
Noel Anderson, Community Planning and Development Director, stated that he did
not believe there was any urgency to moving forward with this.
145782 - Morrissey/Schmitt
that proof of publication of notice of public hearing on the request by JAS
Investments, LLC for a site plan amendment to the "B -P" Business Park District
to allow for the construction of a 75' x 125' (9,375 SF) commercial building,
located north of 3211 Titan Trail (Gubbels Heating and Cooling), as published in
the Waterloo Courier on March 18, 2016, be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
David Dryer, 3145 W. 4th Street, questioned if the City will put more money into
the project than the developer.
Noel Anderson, Community Planning and Development Director, explained that this
is a zoning action. The Developer will be spending more than $1 million dollars
and the rebates are on taxes that will be paid that are not currently being
collected.
Fred Miehe, 3510 Kimball Ave., spoke in support of the project. He asked for it
to be passed on the second and third reading today so they can begin
construction.
145783 - Morrissey/Schmitt
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: Six. Motion carried.
145784 - Morrissey/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 Site Plan Amendment on certain property in conjunction with the
request by JAS Investments, LLC for a site plan amendment to the "B -P" Business
Park District to allow for the construction of a 75' x 125' (9,375 SF)
commercial building, located north of 3211 Titan Trail (Gubbels Heating and
Cooling)", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Six. Motion carried.
Mr. Schmitt confirmed that the developer will be breaking ground soon.
145785 - Morrissey/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ro11 call vote -Ayes: Six. Motion carried.
145786 - Morrissey/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 Site Plan Amendment on certain property in conjunction with the
request by JAS Investments, LLC for a site plan amendment to the "B -P" Business
Park District to allow for the construction of a 75' x 125' (9,375 SF)
commercial building, located north of 3211 Titan Trail (Gubbels Heating and
March 28, 2016 Page 4
Cooling)", be considered and passed for the second and third times and adopted.
Roll call vote -Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5340.
145787 - Amos/Schmitt
that proof of publication of notice of public hearing on the request by ARC
FEWTLIA001, LLC to vacate part of a platted easement, located at 2320 West
Airline Highway, as published in the Waterloo Courier on March 18, 2016, be
received and placed on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
145788 - Amos/Schmitt
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: Six. Motion carried.
145789 - Amos/Schmitt
that "an Ordinance approving a request by ARC FEWTLIA001, LLC to vacate part of
a platted easement, located at 2320 West Airline Highway", be received, placed
on file, considered and passed for the first time. Roll call vote -Ayes: Six.
Motion carried.
Mr. Morrissey asked for clarification on the railroad spur issue.
Noel Anderson, Community Planning and Development Director, explained that there
is a remaining easement on one side that could be used for a railroad spur. This
is not an optimal location for a spur and, therefore, they do not anticipate a
railroad spur going into this area.
145790 - Amos/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
145791 - Amos/Schmitt
that "an Ordinance approving a request by ARC FEWTLIA001, LLC to vacate part of
a platted easement, located at 2320 West Airline Highway", be considered and
passed for the second and third times and adopted. Roll call vote -Ayes: Six.
Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5341.
145792 - Welper/Schmitt
that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier
on March 18, 2016, be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections. There is a petition with 21 signatures on file in the
Clerk's Office in objection to the project.
David Dryer, 3145 W. 4th Street, spoke in opposition to the project.
Noel Anderson, Community Planning and Development Director, explained that
expansion of the TIF is on this agenda and the hearing on the expansion was held
quite some time ago. The cemetery has worked with the developer in order to
create more developable, taxable land in that area.
Kim Meyer, 741 Jane Street, spoke in opposition to the project. She expressed
concern with the water issue, the 250 ft. buffer zone, and the size of the
development.
Eric Thorson, City Engineer, explained that the development will have to meet
the storm water ordinances and it will actually be controlling the runoff.
March 28, 2016
Page 5
Steve Troskey and Adam Daters, CGA Engineers, explained that there will be a
storm water detention area to the west of this development area and the plan is
in compliance with all storm water ordinances.
Mayor Hart asked if this development would provide more control of storm water
runoff than currently exists in this area.
Eric Thorson explained that the undeveloped land has no controls and this will
provide controls for the runoff created by the development.
Steve Troskey explained that there is potential to put residential growth in the
buffer zone and the intent is to communicate with the residents of that area for
their input on further development.
Fred Miehe, 3510 Kimball Avenue, spoke in support of the development.
145793 - Welper/Schmitt
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: Six. Motion carried.
145794 - Welper/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 received, placed on
file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion
carried.
Mr. Jones asked for clarification that the development is 250 ft. away from any
residential area and the long term goal is to develop the entire area being
rezoned.
Noel Anderson, Community Planning and Development Director, confirmed that the
development area is 250 ft. away from the nearest residential area and the long
term goal of the developer is to develop that entire area.
Mr. Jones asked if the intent of the developer is to utilize the remaining
property as an area of residential development.
Brent Dahlstrom, 5016 Samantha Circle, Cedar Falls, explained that the intent
for development is as residential one to two family homes in the buffer zone. He
went on to say that the long term plan is to maintain a large portion as
greenspace.
Mr. Schmitt asked for clarification on the location of a road between the
development and Highway 63.
Brent Dahlstrom explained that a road is planned in the long-term development of
this area and is planned to be located near some existing holes at the driving
range. He stated that some of those holes will be removed when they are ready to
put in the road to Highway 63. He reiterated that this is a very long-term plan.
Mr. Schmitt questioned the effectiveness of the ground water control with this
development.
Adam Daters, CGA Engineers, explained that there will be a detention pond
located to the west of the development area and it will be designed to
temporarily store the run off and release it over a much longer period of time.
As a result, the total flow coming out of that area would be much less than
before the development.
Mr. Jacobs questioned if 250 feet is a normal size buffer zone.
Noel Anderson explained that the zoning ordinance requires different types and
sizes of buffering zones. He stated that 250 ft. is well above anything that
would normally be required.
Mr. Morrissey questioned if the golf course was going to remain in this location
and if considerations are being made with regard to noise and light as it
affects the residential area near this development.
March 28, 2016
Page 6
Brent Dahlstrom explained that the driving range would remain and the golf
course would go from a 9 -hole course to a 7 -hole course.
Noel Anderson stated that there have been some consideration and testing in the
area with regard to noise and light. With their compliance to city ordinances,
they believe the noise and light impact would be very minimal.
Adam Daters explained that this rezone is planned as commercial.
Mr. Morrissey motioned to table the item until the developers have had a chance
to speak with the neighbors of the proposed development.
Mr. Jones questioned if the ordinance readings can proceed while the meetings
take place.
Mr. Morrissey's motion died for a lack of a second motion.
145795 - Welper/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: One. Nays: Five (Schmitt,
Jacobs, Morrissey, Jones, Amos). Motion failed.
145796 - Schmitt/Welper
that proof of publication of notice of public hearing on the request by Cardinal
Construction on the behalf of ARC FEWTLIA001, LLC for a site plan amendment to
the "M -2,P" Planned Industrial District to allow for the construction of a 7,104
SF expansion to the existing 28,416 SF industrial building, located at 2320 West
Airline Highway (FedEx Ground), as published in the Waterloo Courier on March
18, 2016, be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
145797 - Schmitt/Welper
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: Six. Motion carried.
145798 - Schmitt/Welper
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 the
request by Cardinal Construction on the behalf of ARC FEWTLIA001, LLC for a site
plan amendment to the "M -2,P" Planned Industrial District to allow for the
construction of a 7,104 SF expansion to the existing 28,416 SF industrial
building, located at 2320 West Airline Highway (FedEx Ground)", be received,
placed on file, considered and passed for the first time. Ro11 call vote -Ayes:
Six. Motion carried.
145799 - Schmitt/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 (Jacobs,
Schmitt). Motion Failed.
145800 - Morrissey/Welper
that proof of publication of notice of public hearing on the F.Y. 2016 Asphalt
Overlay Program, Contract No. 897, as published in the Waterloo Courier on March
8, 2016, be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
145801 - Morrissey/Welper
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
145802 - Morrissey/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the F.Y. 2016 Asphalt Overlay Program, Contract No.
897", be adopted. Roll -call vote -Ayes: Six. Motion carried.
March 28, 2016
Resolution adopted and upon approval by Mayor assigned No. 2016-219.
145803 - Morrissey/Welper
Page 7
that "Resolution authorizing to proceed in conjunction with the F.Y. 2016
Asphalt Overlay Program, Contract No. 897", be adopted. Roll -call vote -Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-220.
145804 - Morrissey/Welper
Motion to receive and file and instruct City Clerk to read bids and refer to
City Engineer for review.
Bidder
Bid
Security
Bid Amount
ASPRO, Inc.
5%
$1,711,715.06
Voice vote -Ayes: Six. Motion carried.
145805 - Morrissey/Schmitt
that proof of publication of notice of public hearing on the F.Y. 2016 Street
Reconstruction Program, Contract No. 898, as published in the Waterloo Courier
on March 8, 2016, be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
Forest Dillavou, 1725 Huntington Road, explained that next year Council should
consider concrete.
Mr. Welper explained that contractors will not submit bids for concrete.
Eric Thorson, City Engineer, explained that alternates are bid for asphalt and
concrete and both products are designed for a 40 year life with proper
maintenance.
Mr. Schmitt questioned why concrete bids are not received for asphalt projects.
Eric Thorson explained that it is the choice of the construction companies to
not bid on the projects.
145806 - Morrissey/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
145807 - Morrissey/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the F.Y. 2016 Street Reconstruction Program, Contract
No. 898", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-221.
145808 - Morrissey/Schmitt
that "Resolution authorizing to proceed in conjunction with the F.Y. 2016 Street
Reconstruction Program, Contract No. 898", be adopted. Roll -call vote -Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-222.
145809 - Morrissey/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to
City Engineer for review.
Bidder
Bid
Security
Bid Amount
ASPRO, Inc.
5%
$6,290,954.17
March 28, 2016
Voice vote -Ayes: Six. Motion carried.
Page 8
Sale of certain tracts of land formerly portions of West San Marnan Drive
located adjacent to Sunnyside Country Club. Hearing cancelled and will be
rescheduled for a later date.
RESOLUTIONS
145810 - Schmitt/Morrissey
that "Resolution approving award of contract to Black Hawk Roof Company, of
Cedar Falls, in the amount of $100,148.00, and approving the contract, bonds,
and certificate of insurance for the Leisure Services Roof Replacement Project,
and authorize Mayor and City Clerk to execute said documents", be adopted. Roll
call vote -Ayes: Six. Motion carried.
Mr. Jones questioned the procedure surrounding a local preference policy on bids
that are close.
Suzy Schares, City Clerk, explained that it is against state law to give local
preference on projects costing over $100,000.
Dave Zellhoefer, City Attorney, explained that §26.3 of Iowa Code makes
reference to this. Some cities use local preference on smaller bid amounts and
can be looked into in the future.
Mayor Hart noted that there would be a work session on April 18`° regarding local
preference.
Mr. Schmitt questioned if the city is obligated to take the low bid.
Dave Zellhoefer explained that the city is obligated to take the lowest
responsible and responsive bid. Due to the estimated amount of the project,
state code requires the city hire a licensed engineer or consultant to draw
plans for the project and assist with selecting the lowest bidder.
Mr. Schmitt questioned if Council has the ability to pick a local contractor.
Dave Zellhoefer explained the lowest bidder could successfully sue the city if
they do not take the lowest bid on the project.
Mr. Amos questioned if creating an ordinance for local preference for anything
over $100,000 would be illegal.
Dave Zellhoefer confirmed that an ordinance of that nature would be in violation
of Iowa Code.
Paul Huting, Leisure Services Director, explained that the difference between
the bids is approximately $3,000.
Andy Miller, 123 Arizona Street, encouraged having a local preference policy and
noted that he agrees with awarding the contract due to the current
circumstances.
Resolution adopted and upon approval by Mayor assigned No. 2016-223.
145811 - Amos/Schmitt
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by P1ayPower LT Farmington, Inc., of Monet Mo, at a
total cost of $60,000 in conjunction with FY2016 Upper gates Playground
Project", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-224.
145812 - Welper/Morrissey
that "Resolution establishing a schedule of fees and penalties for Title 8,
Chapter 3, Article E Sections 11 and 13 of the Code of Ordinances of the City of
Waterloo to provide for inspection fees and administrative penalties for the
regulation of fat, oil, and grease discharge by food service establishments", be
adopted. Roll call vote -Ayes: Four. Nays: Two (Schmitt, Jacobs). Motion
carried.
Mr. Jones shared that he received calls from residents who are not in favor of
fees for FSE.
Mr. Jacobs shared that he received calls from residents who are not in favor of
small restaurants being charged the same fees for FSE as large establishments.
March 28, 2016
Page 9
John LaPointe, Interim Waste Management Director, explained that feedback has
been gotten from steak holders as part of the FOG program. The inspections and
fees are necessary due to the consent decree requiring a CMOM program.
Mr. Amos shared that he received calls from residents questioning how the need
for the fees came about.
John LaPointe explained the CMOM and FOG programs.
Mayor Hart questioned how much money the fees would generate
John LaPointe explained that the program would generate $15,000.
Mr. Jacobs questioned if the fees could be based on use.
John LaPointe explained that they tried to select a fee that everyone could
afford. Below a certain threshold of a fee, the program would not break even.
Mr. Morrissey noted that he made contact with restaurant owners and they
understood the fee but were concerned about the definition of a FSE.
Mayor Hart questioned if there is a hardship form for those who could not afford
the fee.
Bill Kammeyer, 526 Home Park Boulevard, suggested structuring the program so
that portions could be outsourced.
Mr. Schmitt expressed concern with the proposed fee structure.
Mr. Morrissey expressed his support for the fee structure.
Mr. Jones questioned if it takes more time to inspect a larger restaurant and
commented that the program will be paid by sewer users as a whole and this is
simply a smaller portion focused on those who are responsible for keeping FOG
out of the system.
John LaPointe explained that it takes the same amount of time to inspect a small
facility as it does a large facility. He noted that the FOG inspections also
apply to hospitals, schools, and convenience stores. They want to keep the fees
simple to start.
Forest Dillavou, 1725 Huntington Road, reported that it does take longer to
inspect a larger facility.
Resolution adopted and upon approval by Mayor assigned No. 2016-225.
145813 - Schmitt/Morrissey
that "Resolution approving a IDOT Traffic Safety Grant agreement for the
construction of 5th and 6th Street Traffic Safety Improvements in the downtown
area in the amount of $484,000.00, and authorize the Mayor and City Clerk to
execute said agreement", be adopted. Ro11 call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-226.
145814 - Schmitt/Morrissey
that "Resolution approving Convention & Visitors Bureau (CVB) Board
recommendations for funding of hotel -motel tax mini -grant applications, in the
following amounts: USS Jennings County Military Reunion -$1,908 and Waterloo
Leisure Services-Riverfront Stadium -$2,070", be adopted. Roll call vote -Ayes:
Five. Abstain: One (Welper).
Mr. Welper explained the funding for the USS Jennings County Military Reunion
and recognized Mr. Len Swiatly for organizing the reunion.
Mr. Swiatly shared details of the reunion.
Resolution adopted and upon approval by Mayor assigned No. 2016-227.
145815 - Schmitt/Morrissey
that "Resolution approving and accepting certain donated fee title and permanent
easement deeds from Galactic Development Corp. for $1.00 and San Marnan
Management, Inc. for $1.00, dedicating certain property as public street right
of way and certain property as public permanent easement for storm sewer,
drainage, sanitary sewer, and/or water main as shown on the attached Acquisition_
Plats and Permanent Easement Plats, and naming said dedicated street right of
March 28, 2016
Page 10
way as Galactic Drive for the north/south portion of right of way and Fitzway
Drive for the east/west portion, in conjunction with the Galactic Drive and
Fitzway Drive extension project", be adopted. Roll call vote -Ayes: Six.
Mr. Schmitt confirmed that this project has nothing to do with the other San
Marnan project that is currently under litigation.
Resolution adopted and upon approval by Mayor assigned No. 2016-228.
145816 - Morrissey/Amos
that "Resolution approving Development Agreement with JAS Investments, LLC
(Gubbels Heating and Air Conditioning) for the construction of a 9,675 sq. ft.
commercial building in Martin Road TIF District, with a minimum taxable value of
$680,000 and tax rebates for seven years at 95%, 2 years at 90°%, one year at
60%, and authorize the Mayor and City Clerk to sign and fully execute all
necessary documents", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-229.
145817 - Morrissey/Schmitt
that "Resolution approving the Second Amendment to the Real Estate Purchase
Agreement with Becker -Chapman Post No. 138 of the American Legion, originally
approved on April 6, 2015 and first amended on August 24, 2015, to authorize
issuance of the remaining incentive payment of $50,000", be adopted. Roll call
vote -Ayes: Six.
Mr. Jones requested clarification on why the incentive payment after substantial
work was completed was included in the agreement.
Noel Anderson, Community Planning and Development Director, explained that
holding back the funds was to ensure that the project was completed
appropriately and ensure that the legion would not disband prior to finding a
new location.
Mr. Schmitt questioned if the project is complete once the final payment is made
to the American Legion.
Noel Anderson explained that the project will be complete once the payment is
made.
Bill Kammeyer, 526 Home Park Blvd, explained that the grease trap cost the
Legion $30,000. He suggested that KWWL donate to the Legion to help them
continue their improvements.
Dale Hixon, 231 Langless Road, explained that the American Legion would get a
loan to help finish the project.
Randy Herod, 111 Highland, commented on the American Legion project.
Resolution adopted and upon approval by Mayor assigned No. 2016-230.
ORDINANCES
145818 - Morrissey/Welper
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 received, placed on file, considered and passed for
the first time. Roll call vote -Ayes: Six. Motion carried.
145819 - Welper/Morrissey
that "an Ordinance amending the Martin Road Development Plan, to expand the
boundaries and include new projects and update related information in the Plan",
be received, placed on file, considered and passed for the second time. Roll
call vote -Ayes: Six. Motion carried.
Noel Anderson, Community Planning and Development Director, explained that this
is the expansion of the TIF area to include the land that was conveyed to the
developer.
145820 - Welper/Schmitt
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,
Jacobs). Motion failed.
March 28, 2016 Page 11
Mr. Schmitt requested further explanation.
Noel Anderson explained this is the expansion of the Martin Road TIF area near
the cemetery in anticipation of additional projects coming to the area.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, questioned the total amount spent on change orders.
Michelle Weidner, Chief Financial Officer, explained that the data can be
produced with some research.
Bruce Kaesser, 511 Sycamore Street, questioned item five on the Finance
Committee meeting -for advertising for Human Rights.
Mayor Hart explained that the advertising is for educational purpose and
notifying people of meetings and events.
Abraham Funchess, Human Rights Director, over five years they have documented
their actions and feel that the they seeing improvement in complaints being
resolved.
Forest Dillavou, 1725 Huntington Road, expressed concern with the legal advice
given for the Sunnyside South project.
John Sherbon, 1715 Robin Road, asked to get funds put back into the general fund
from the TIF districts.
145821 - Welper/Morrissey
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
145822 - Welper/Morrissey
that the council adjourn to Executive Session at 7:38 p.m. Roll call vote -Ayes:
Six. Motion carried.
City Attorney Dave Zellhoefer stated that he is the attorney for the City of
Waterloo and has an attorney-client relationship with the City and that
discussion of Litigation is an approved topic of Executive Session pursuant to
Iowa Code Section 21.5(1)(c)(2105).
City Attorney Dave Zellhoefer stated that he is the attorney for the City of
Waterloo and has an attorney-client relationship with the City and that
discussion of Property acquisition is an approved topic of Executive Session
pursuant to Iowa Code Section 21.5(1)(j)(2015).
EXECUTIVE SESSION
145823 - Welper/Schmitt
that the council adjourn Executive Session at 8:16 p.m. Voice vote -Ayes: Six.
Motion carried.
ADJOURNMENT
145824 - Welper/Schmitt
that the Council adjourn at 8:16 p.m. Voice vote -Ayes: Six. Motion carried.
Suzy Shares, CMC
City Clerk/Human Resource Director