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HomeMy WebLinkAboutMinutes-1/12/2015January 12, 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, January 12, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Dan Trelka, Director of Safety Services. 144013 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, January 12, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 144014 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 5, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation in Observance of Dr. Martin Luther King Jr. Day as January 19, 2015. Mayor Clark recognized Dennis Gentz as the January 2015 Team Member of the Month. Mayor Clark recognized Gary Luck as the 2014 Team Member of the Year. CONSENT AGENDA 144015 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated January 12, 2015, in the amount of $2,964,061.50, 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. 2015-11. 2. Resolution approving Request to set the date of public hearing as January 26, 2015 on the adoption of the Multi -Jurisdictional Hazard Mitigation Plan for Black Hawk County, Iowa. Resolution adopted and upon approval by Mayor assigned No. 2015-12. 3. Resolution approving Request to preliminarily approve plans, specifications, form of contract, etc. and set the date of bid opening as February 12, 2015 and public hearing as February 16, 2015 for the F.Y. 2014 Belt Filter Press Addition, Contract No. 869. Resolution adopted and upon approval by Mayor assigned No. 2015-13. 4. Resolution preliminarily approving request for proposals, form of contract, etc. and setting date of bid opening as January 29, 2015 and hearing as February 2, 2015 for animal control services for the City of Waterloo. Resolution adopted and upon approval by Mayor assigned No. 2015-14. b. Motion to approve the following: 1. a. b. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Beck's Sports Brewery 3295 University Avenue Class C Liquor & Brew Pub Renewal 12/31/15 X Elitte Cafe Bar 1108 Jefferson Street Class C Liquor Renewal 02/07/16 X January 12, 2015 c. d. Page 2 Placita 322 West 4th Street Class B Beer New 12/01/15 X VFW Post 1623 1406 Commercial Street Class A Liquor, Outdoor Service Renewal 01/14/16 X 2. Mayor Clark's recommendation of the following appointment: Appointee Board/Commission Expiration Date New or Re- Appointment Marilyn Robinson Memorial Hall Commission 12/31/17 Re - Appointment 3. Recommendation of appointment of Barry Stratton to the position of Property Safety Inspector, effective January 13, 2015. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned if there is enough time allotted to receive proposals for animal control and the Mayor confirmed that it was. RESOLUTIONS 144016 - Hart/Schmitt that "Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2(C) Preliminary Plat Approval, Section 11-3-3(D) Application Procedure and Requirements and a waiver to the requirements of the Subdivision Ordinance in Section 11-4-4(A) Deferral or Waiver of Required Improvements as it relates to the approval of the Preliminary and Final Plat of Nottingham Third Addition", be adopted. Roll call vote -Ayes: Seven. Wendell Lupkes, 4862 W. 4th Street, expressed concern with the approval process for the water detention and placing it in a floodway. Mike Young, 215 Pauline Place, Attorney for the applicant, noted that the applicant is available for questions. He noted that the developer has met all legal requirements and has attempted to work with the neighborhood to accommodate their concerns. Anthony Day, 4525 William Drive, expressed concern with the water issues and the detention pond. He also expressed concern with the smaller size of the lots. George Stigler, 4616 William Drive, expressed concern with the development. Kirk Ney, 4751 Luxley Dr., expressed concern with the water issues in the development. Bill Clausen, 644 Sheridan Road, Clausen Engineering, explained that the lots are not in the floodplain. He explained that the development and detention area will improve the water issues. David Dryer, 3145 W. 4th Street, questioned where the sewer system will connect. Bill Clausen explained that the route the sewer system will take. Rick Young, 3849 Trent Lane, explained that master plan has always included development in this area. He explained the expanded tax base. Phyllis Doulaveris, 4558 William Drive, read an email from the Coralville Engineer regarding detention ponds in floodplains. She expressed concern with ability to fill the lots with $500,000 homes. Mary Jo Burt, W. 4th Street, expressed concern with the detention area and building outbuildings on Tract B. Kevin Cortright, Developer, explained that there is a market for the high end homes that will be built in this development. Ms. Cole questioned the price of the lots. Rick Young explained that they will be over $100,000. Mr. Morrissey questioned if the approval process for the detention facility was done correctly. January 12, 2015 Page 3 Aric Schroeder, City Planner, explained the process taken and noted that it was done correctly. Dave Zellhoefer, City Attorney, explained that proper policy was followed. Mr. Lind questioned if there is any legal basis to deny the request. Dave Zellhoefer, City Attorney, explained that as far as he is concerned there is no legal basis as of right now to deny the request. Mr. Jones questioned if the lots can be made larger based on the needs of the homeowner and what the detention area will look like. Mike Young, Attorney for Developer, explained that the lot size is in the deed of dedication and the total number of lots cannot change but the size can be amended. Bill Clausen explained the dimension of the detention area. Mr. Jones questioned what the demand for building new homes of this size is. He questioned what the impact on the existing homes will be. Kevin Cortright explained that tax incentive helps but there is not a supply of homes in this range and he believes there is a demand. He does not believe this will have a negative impact on the existing neighbors. George Stigler explained that the impact on the existing neighborhood would be negative because the property values will be reassessed and will be reduced. Mr. Jones asked for a better explanation of the flooding issues. Bill Clausen explained the grading and the improved internal drainage for the area if the development is completed. Mr. Jones explained that the property is zoned properly and there is no legal basis to deny the development. Mr. Schmitt complemented everyone for working through this process. He questioned the reasoning for Tract B including the ability to build a horse barn. Rick Young explained that it butts up against a property that has horses and is just a potential use. Mr. Lind clarified that the deed of dedication restricts the development to single family homes. Mr. Morrissey clarified that we are approving all four resolutions. Resolution adopted and upon approval by Mayor assigned No. 2015-15. 144017 - Hart/Schmitt that "Resolution approving the request by Robin Hood Enterprises, LLC for the 11 -lot Preliminary Plat of Nottingham Third Addition, Zoned "R-1" One and Two Family Residence District, located north of West Shaulis Road and west of West 4th Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-16. 144018 - Hart/Schmitt that "Resolution approving the request by Robin Hood Enterprises, LLC for the 11 -lot Final Plat of Nottingham Third Addition, Zoned "R-1" One and Two Family Residence District, located north of West Shaulis Road and west of West 4th Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-17. 144019 - Hart/Schmitt that "Resolution approving the request by Robin Hood Enterprises, LLC to rename existing Crusade Drive to Shelley Court", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-18. 144020 - Hart/Welper January 12, 2015 Page 4 that "Resolution approving the request by Black Hawk Contracting and Development for the 4 -lot Preliminary Plat of Hawthorne Estates First Addition, located at the southeast corner of Vermont Street and Hawthorne Avenue", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-19. 144021 - Hart/Welper that "Resolution approving the first of two payments for FY 2015 to Greater Cedar Valley Alliance for work towards economic development, in the amount of $14,250 base amount with $15,000 in incentive funds, for a total payment of $29,250", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-20. 144022 - Hart/Welper that "Resolution approving the Consolidated Public Safety Communications 28E Agreement; and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Mr. Schmitt clarified that this item has nothing to do with the communication system. Resolution adopted and upon approval by Mayor assigned No. 2015-21. 144023 - Morrissey/Hart that "Motion approving Change Order No. 5 with AECOM for a net increase of $158,579.15 for the F.Y. 2014 Bridge Deck Repair and Overlay Program, Contract No. 777; and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Dennis Gentz, Assistant City Engineer, explained that the majority of the change order is due to the repair of the decks on the four bridges, 25% was due to repairing the approach. 144024 - Morrissey/Hart that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Cramer and Associates, Inc. of Grimes, Iowa, at a total cost of $1,473,233.05, for the F.Y. 2014 Bridge Deck Repair and Overlay Program, Contract No. 777", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-22. 144025 - Morrissey/Hart that "Resolution to waive the public hearing and bidding policy and award the bid received from Turfwerks of Johnston, Iowa, for the purchase of one (1) Jacobsen R311 Wide Area Rough Mower, in the amount of $49,500.00", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-23. 144026 - Morrissey/Hart that "Resolution approving an Impose and Use Application No: 2014-1 for a Passenger Facility Charge at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-24. OTHER COUNCIL BUSINESS 144027 - Hart/Morrissey that Motion to approve Supplemental Agreement No. 2 to AECOM for a net increase in the amount of $175,000.00 for the F.Y. 2014 Belt Filter Press Addition, Contract No. 869; and authorize the Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Bruce W. Kazzer, 627 Sycamore Street No.605, expressed concern with the clearing of the sidewalk approaches during snow events. January 12, 2015 Page 5 Jack Black, 227 Downing Ave, questioned if the sign on the Rooff development was to reduce the room size. Aric Schroeder, City Planner, explained that the sign was for a Board of Adjustment variance changing the development from a condo to a zero lot line dwelling. 144028 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. EXECUTIVE SESSION 144029 - Hart/Welper that the council adjourn to Executive Session at 7:05 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Dave Zellhoefer stated that discussion of property acquisitions is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2014) . 144030 - Hart/Welper To authorize to proceed. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 144031 - Hart/Welper that the Council adjourn at 7:17 Motion carried. p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Sch,:res, CMC City Cle k/Human Resource Director