HomeMy WebLinkAbout12/04/1989December 4, 1989
The Council of the City of Waterloo Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa, at 7:00 p.m., on December 4, 1989. Mayor Bernard L. McKinley
in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Mayor Bernie McKinley
Pledge of Allegiance: Girl Scout Troop 397 --Julie Wagner, Jeanlee Poock, Amanda Aten,
Kristen Ott, Sarah Mohler, Michelle Madsen, Bridget Strottman, Amanada O'Connell, Nina
Smith, Gina McDowell, Sarah Thompson.
94864 - Moved by Buck, seconded by Wright
that the Agenda, as proposed, for the Regular Session on December 4, 1989, at
7:00 p.m., and the Minutes of the Regular Session of November 20, 1989, at 7:00
p.m., be accepted and approved. Motion carried.
94865 - Mayor McKinley read a proclamation declaring the week of December 3-9, 1989 as
"Cities Fight Back Against Drugs Week."
HEARINGS
Moved by Angel, seconded by Fox
that proof of publication of notice of public hearing on budget estimate of
the Waterloo Water Works, City of Waterloo, Iowa for the calendar year 1990, as
published in the Waterloo Courier on November 21, 1989, be received and placed
on file. Motion carried.
94866 - HOLD HEARING --'Phis being the time and place of public hearing, the Mayor called
for oral and written objections and there were none.
Moved by Fox, seconded by Dell
that the hearing be closed. Motion carried.
94867 - Moved by Buck, seconded by Wright
that "Resolution approving Calendar Year 1990 Waterloo Water Works Budget", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-639.
94868 - Moved by Fox, seconded by Budak
that proof of publication of notice of public hearing on issuance of not to
exceed $1,250,000 Industrial Development Revenue Refunding Bonds (Conway Plaza
Project), Series 1989, as published in the Waterloo Courier on November 16,
1989, be received and placed on file. Motion carried.
94869 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Moved by Brown, seconded by Dell
that "Resolution providing for the issuance and sale of $1,2.50,000 Industrial
Development Refunding Revenue Bonds, Series 1989 to provide funds for
Industrial Development Project for Conway Plaza Development Company", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-640.
94870 - Moved by Dell, seconded by Angel
that proof of publication of notice of public hearing on request of Rock Island
Mill Works, 2125 Westfield Avenue, for a waiver of the building moratorium on
Relocated U.S. Highway 218 Corridor to construct an addition, as published in
the Waterloo Courier on November 24, 1989, be received and placed on file.
Motion carried.
December 4, 1989 Page 2
Hearings - continued
94871 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Moved by Brown, seconded by Wright
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and the Gateway Committee, be received and
placed on file. Motion carried.
94872 - Moved by Budak, seconded by Brown
that "Resolution authorizing waiver of building moratorium on Relocated U.S.
218 Corridor for Rock Island Mill Works, 2125 Westfield Avenue, to construct an
addition", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-641.
94873 - Moved by Angel, seconded by Dell
that proof of publication of notice of public hearing on request of C & S Auto,
812 Washington Street, for a waiver of the building moratorium on Relocated
U.S. Highway 218 Corridor to place signs above service entrances in back of
building, as published in the Waterloo Courier on November 24, 1989, be
received and placed on file. Motion carried.
94874 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Moved by Buck, seconded by Wright
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and the Gateway Committee, be received and
placed on file. Motion carried.
94875 - Moved by Brown, seconded by Dell
that "Resolution authorizing waiver of building moratorium on Relocated U.S.
218 Corridor for C & S Auto, 812 Washington Street, to place signs above
service entrances in back of building", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-642.
94876 - Moved by Wright, seconded by Brown
that proof of publication of notice of public hearing on request of Leroy's DX,
corner of West Ninth and Washington Streets, for a waiver of the building
moratorium on Relocated U.S. Highway 218 Corridor to replace two signs with a
single sign, as published in the Waterloo Courier on November 24, 1989, be
received and placed on file. Motion carried.
94877 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Moved by Dell, seconded by Wright
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and the Gateway Committee, be received and
placed on file. Motion carried.
94878 - Moved by Fox, seconded by Angel
that "Resolution authorizing waiver of building moratorium on Relocated U.S.
218 Corridor for Leroy's DX, corner of West Ninth and Washington Streets, to
replace two signs with a single sign", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-643.
December 4, 1989 Page 3
Hearings - continued
94879 - Moved by Buck, seconded by Wright
that proof of publication of notice of public hearing on request of Michelin
Tire, 2084 Howard Street, for a waiver of the building moratorium on Relocated
U.S. Highway 218 Corridor to build two additions, as published in the Waterloo
Courier on November 24, 1989, be received and placed on file. Motion carried.
94880 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Moved by Fox, seconded by Budak
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and the Gateway Committee, be received and
placed on file. Motion carried.
94881 - Moved by Budak, seconded by Brown
that "Resolution authorizing waiver of building moratorium on Relocated U.S.
218 Corridor for Michelin Tire, 2084 Howard Street, to build two additions", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-644.
94882 - Moved by Budak, seconded by Fox
that proof of publication of notice of public hearing on request of Mid America
Savings Bank for a waiver of the building moratorium on Relocated U.S. Highway
218 Corridor to place a temporary construction sign on the Comfort Inn site, as
published in the Waterloo Courier on November 24, 1989, be received and placed
on file. Motion carried.
94883 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Moved by Brown, seconded by Dell
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and the Gateway Committee, be received and
placed on file. Motion carried.
94884 - Moved by Fox, seconded by Angel
that "Resolution authorizing waiver of building moratorium on Relocated U.S.
218 Corridor for Mid America Savings Bank to place temporary construction sign
on Comfort Inn site", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-645.
94885 - Moved by Buck, seconded by Dell
that proof of publication of notice of public hearing on request of Comfort Inn
on LaPorte Road, for a waiver of the building moratorium on Relocated U.S.
Highway 218 Corridor to place a post sign and an entrance sign, as published in
the Waterloo Courier on November 24, 1989, be received and placed on file.
Motion carried.
94886 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Moved by Wright, seconded by Angel
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and the Gateway Committee, be received and
placed on file. Motion carried.
December 4, 1989 Page 4
Hearings - continued
94887 - Moved by Angel, seconded by Wright
that "Resolution authorizing waiver of building moratorium on Relocated U.S.
218 Corridor for Comfort Inn on LaPorte Road, to place a post sign and an
entrance sign", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-646.
94888 - Moved by Buck, seconded by Wright
that proof of publication of notice of public hearing on request of Jack
Brinkema, 501 Maynard, for a waiver of the building moratorium on Relocated
U.S. Highway 218 Corridor to construct a 19' x 24' addition, as published in
the Waterloo Courier on November 24, 1989, be received and placed on file.
Motion carried.
94889 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Moved by Brown, seconded by Dell
that the hearing be closed and the recommendation of denial of the Planning,
Programming and Zoning Commission and the Gateway Committee, be received and
placed on file. Motion carried.
94890 - Moved by Buck, seconded by Brown
that waiver of building moratorium on Relocated U.S. Highway 218 Corridor for
Jack Brinkema, 501 Maynard Avenue, be denied. Ayes: Seven. Motion carried.
94891 - Moved by Wright, seconded by Dell
that proof of publication of notice of public hearing on sale and conveyance of
Building No. 166 and approximately an additional 3.1 acres of land located on
the former Rath site to Power Engineering and Manufacturing, Ltd, as published
in the Waterloo Courier on November 24, 1989, be received and placed on file.
Motion carried.
94892 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Saul Herskovici, representing Power Engineering and Manufacturing, Ltd., stated
that this proposed site would allow for expansion of their business and
increase their number of employees. They produce custom made gear boxes and
shafts for companies in 22 states. These companies have expanded their markets
to foreign countries as well. Within two years, they anticipate building an
addition to the existing building.
Jim Lindsey, Community Development Administrator, stated that the Rath Reuse
Study has identified the building being proposed for purchase by Power
Engineering and Manufacturing, Ltd. as a prime location for a manufacturer. He
also indicated that the "Hog Hotel" is tentatively scheduled for demolition in
the spring.
Moved by Brown, seconded by Dell
that the hearing be closed and oral and written comments be received and placed
on file. Motion carried.
94893 - Moved by Buck, seconded by Dell
that "Resolution authorizing sale and conveyance of Building No. 166 and
approximately an additional 3.1 acres of land located on former Rath site to
Power Engineering and Manufacturing, Ltd.", be adopted and City Attorney
instructed to prepare and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-647.
December 4, 1989 Page 5
PETITIONS FROM PUBLIC
94894 - Shirley Koslowski, 816 Archer Avenue, asked that staff investigate the use of
the handicapped parking space adjacent to the building for the storage of
materials during the construction of the addition. Staff will investigate.
Moved by Buck, seconded by Wright
that communication from City Planner transmitting minor site plan amendment
request of Bonanza Restaurant to add 26 additional parking spaces and a second
storm water detention pond, together with recommendation of approval of
Planning, Programming and Zoning Staff, be received, placed on file and
"Resolution approving said minor site plan amendment", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-648.
REPORTS
94895 - Moved by Buck, seconded by Wright
that the following Abstract of Election for the 1989 Municipal Elections held
in the City of Waterloo, Iowa, on November 7, 1989, be received and placed on
file:
Office Total Votes Cast
Mayor 8,046
Bernie McKinley 5,500
Ernie M. Klatt 876
Al Manning, Jr. 1,310
Norris Sisk 300
Write Ins 13
Councilmember-at-Large 12,352
Bob Brown 6,370
Sammie Dell 5,955
Write Ins 27
First Ward Councilmember
Dave Buck
Write Ins
1,699
1,698
1
Second Ward Councilmember 1,634
Josef Fox 1,633
Write Ins 1
Third Ward Councilmember 1,100
Rose Angel 1,098
Write Ins 2
Fourth Ward Councilmember 971
Willie Mae Wright 970
Write Ins 1
Fifth Ward Councilmember 1,122
Tony Budak 1,116
Write Ins 6
Motion carried.
DOCUMENTS
94896 - Moved by Dell, seconded by Wright
that communication from City Planner transmitting Final Plat of Tower Park,
together with Engineer's Certificate of Survey, Deed of Dedication, Report of
City Engineer, and recommendation of approval of the Planning, Programming and
Zoning commission, be received, placed on file and "Resolution approving said
Final Plat", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-649.
December 4, 1989 Page 6
Documents - continued
94897 - Moved by Dell, seconded by Wright
that communication from Transportation Program Manager transmitting
recommendation of award of Contract for Appraisal Services to Appraisal
Associates Co. of Cedar Rapids, Iowa in the amount of $650.00 in conjunction
with Hackett Road, IX -6585(7)--79-07, be received, placed on file and
"Resolution approving said contract", be adopted and Mayor and Clerk/Auditor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-650.
94898 - Moved by Dell, seconded by Wright
that communication from Transportation Program Manager transmitting
recommendation of award of Contract for Appraisal Services to Appraisal
Associates of Waterloo, Iowa, in the amount of $300.00 in conjunction with
Cleveland Street Reconstruction, IX -6627(2)--79-07, be received, placed on file
and "Resolution approving said contract", be adopted and Mayor and
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-651.
94899 - Moved by Dell, seconded by Wright
•
that communication from Assistant City Engineer transmitting Change Order No. 6
for a net decrease of $25,794.95 for work performed by Cedar Valley Corporation
in conjunction with F.Y. 1989 Street Reconstruction Program, Contract No.357,
be received, placed on file and approved and Mayor and City Clerk/Auditor
authorized to execute same. Motion carried.
94900 - Moved by Dell, seconded by Wright
that communication from Assistant City Engineer transmitting Change Order No. 1
for a net decrease of $7,457.29 for work performed by Allied Construction
Company, Inc. in conjunction with F.Y. 1988 Tower Park Access Road, Contract
No. 347, be received, placed on file and approved and Mayor and City
Clerk/Auditor authorized to execute same. Motion carried.
94901 - Moved by Dell, seconded by Wright
that communication from Assistant City Engineer transmitting Completion Report
and Recommendation of Acceptance for work completed by Allied Construction
Company, Inc. of Charles City, Iowa for F.Y. 1988 Tower Park Access Road,
Contract No. 347, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor and City Clerk/Auditor authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-652.
94902 - Moved by Dell, seconded by Wright
that Maintenance Bond in conjunction with F.Y. 1988 Tower Park Access Road,
Contract No. 347 from Allied Construction Company, Inc. of Charles City, Iowa,
be received and placed on file. Motion carried.
94903 - Moved by Dell, seconded by Wright
that communication from Assistant City Engineer transmitting Change Order No. 3
for a net increase of $45,398.73 for work to be performed by Aspro, Inc. &
Subsidiary in conjunction with F.Y. 1988 Asphalt Overlay, Contact No. 360, be
received, placed on file and approved and Mayor and City Clerk/Auditor
authorized to execute same. Motion carried.
December 4, 1989
Documents - continued
94904 - Moved by Dell, seconded by Wright
Page 7
that communication from City Engineer transmitting agreement with Brice,
Petrides -Donohue to perform an analysis of replacement alternatives for the
West Shaulis Road Bridge Over Black Hawk Creek, together with recommendation of
approval, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-653.
94905 - Discussion was heard on the lease agreement with the National Dairy Cattle
Congress for McElroy Auditorium. Dean Myhr, Director of the Waterloo
Recreation & Arts Commission, provided details of the lease. The lease calls
for both parties to share the $20,000 cost to repair the front canopy of the
building and another $20,000 to replace the lighting system in the arena. The
lease terminates March 31, 1991. The City will pay $50,000 per year for rent
of the facility.
Councilperson Brown expressed concern with any major repair bills that may be
incurred and how the lease addresses payment of same. The lease states that
the City will pay no more than one-half of all major repairs necessary for the
maintenance of the facility. Brown suggested that a maximum on repairs at City
cost be included in the agreement.
Councilperson Fox then commented that another section of the lease states that
all major repairs and maintenance will only be undertaken with the consent of
both parties.
Mr. Myhr indicated that the agreement includes a 30 day out clause which allows
either party to terminate the agreement with 30 days' notice.
Councilperson Dell asked that an update be presented concerning future plans
for McElroy and the Cattle Congress as it relates to the construction of
Relocated U.S. Highway 218.
Moved by Buck, seconded by Fox
that communication from City Attorney transmitting agreement with National
Dairy Cattle Congress to lease McElroy Auditorium until January 1, 1991 be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-654.
RESOLUTIONS TO BE ADOPTED
94906 - Moved by Brown, seconded by Wright
that "Resolution canceling the Waterloo City Council meeting scheduled for the
week of December 25, 1989", be adopted and Clerk/Auditor instructed to publish
notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-655.
94907 - Moved by Brown, seconded by Wright
that "Resolution authorizing the partial acquisition contract with the Iowa
Department of Transportation for City -owned land generally Located from Upton
Avenue to Fletcher Avenue (formerly Cleveland Street) in conjunction with
Relocated 218 right-of-way", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-656.
December 4, 1989 Page 8
Resolutions to be Adopted - continued
94908 - Moved by Brown, seconded by Wright
that "Resolution setting date of hearing as January 2, 1990, at 7:00 p.m. in
the City Hall Council Chambers on the sale and conveyance of six urban renewal
lots to Hill Building Company", be adopted and City Clerk/Auditor instructed to
publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-657.
94909 - Moved by Brown, seconded by Wright
that "Resolution approving compromising of property taxes for 76 Franklin
Street per Iowa Code Section 446.31", be adopted and Clerk/Auditor instructed
to transmit said resolution to the Black Hawk County Board of Supervisors.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-658.
BILLS PAYMENT
94910 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp: 1-42, in the amount of
$1,027,117.06, and Schedule W900, pp. 1-10, in the amount of $265,452.90,
copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes:
Six. Abstain: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1989-659.
NEW BUSINESS
94911 - Moved by Wright, seconded by Buck
that communication from Mayor Bernard McKinley transmitting recommendation of
appointment of Wallace Stokes, Jr. to the Planning, Programming and Zoning
Commission effective immediately with expiration date of February 7, 1993, be
received, placed on file and approved. Motion carried.
94912 - Moved by Wright, seconded by Buck
that communication from Mayor Bernard McKinley transmitting recommendation of
reappointment of W. Ray Richardson, Judy Fossell and Bev Hinders -Trost to the
Cablevision Commission with expiration date of December 1, 1992, be received,
placed on file and approved. Motion carried.
Travel Requests
94913 - Moved by Buck, seconded by Brown
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Bob Stevenson, Transportation Program Manager, and Timothy Benetti,
Property Acquisition Specialist, to attend the Understand Appraisals &
Basic Valuation Procedures Seminar in Cedar Rapids, Iowa, on December 7
and 8, 1989, with costs not to exceed $110.00 each, including the use of
City vehicle.
2. Thomas Reardon, Assistant Director, to attend Athletic Business Conference
in Orlando, Florida, on December 5 -December 9, 1989, with costs not to
exceed $1,112.50.
3. Larry Olson, Fire Captain, to attend Safety and Health Compliance for
Managers in Des Moines, Iowa, on December 12-15, 1989, with costs not to
exceed $240.00, including the use of City vehicle.
December 4, 1989 Page 9
4. Marcia Bartels, Fire Dispatcher, to attend Emergency Dispatcher Conference
in Des Moines, Iowa, on December 1-2, 1989, with costs not to exceed
$195.00.
5: Pat Vollbrecht, Cole Southworth, Gilbert Webb, Darwin Boelts, Fire
Department, to attend continued education course in Des Moines, Iowa, on
December 1-3, 1989.
Motion carried.
MISCELLANEOUS
94914 Moved by Buck, seconded by Brown
that the following beer and liquor licenses be received, placed on file and
approved applications forwarded to the Iowa Beer and Liquor Control Department:
1. Beer License Permit Application
Class B
Godfather's Pizza, 3811 University Avenue (Renewal) (Expires 12/5/90)
(Includes Sunday Sales)
2. Beer & Liquor License Permit Application
Class C
MexiKelly, 801 Commercial Street (New) (Expires 12/5/90)
3. Beer/Wine License Permit Application
Special Class C
Wishbone, Inc., 201-5 West 18th Street (New Owner) (Expires 12/1/90)
(Includes Sunday Sales)
4. Liquor License Permit Application
Class E
Stokes Mart, 16111 East 4th Street (Renewal) (Expires 12/20/90) (Includes
Sunday Sales)
Motion carried.
BONDS
94915 - Moved by Wright, seconded by Angel
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through December 4, 1989, be received, placed on file and report
and bonds approved. Motion carried.
ORAL PRESENTATIONS
94916 - L. C. Hennessey, 203 South Street, recognized Mr. Saul Herskovici in his
attendance at this evening's meeting.
Al Manning, 919 Fairview Avenue, questioned several intersections in the
community including the intersection of San Marnan Drive and Hawkeye Road, the
intersection of West Ridgeway Avenue and Ansborough Avenue, and the
intersection of East Fourth Street and Franklin Street. These items will be
addressed by the Transportation staff.
Moved by Buck, seconded by Dell
that the above comments be received and placed on file. Motion carried.
ADJOURNMENT
94917 - Moved by Buck, seconded by Dell
that the Council adjourn. Motion carried.
Larry P. Burger
City Clerk/Auditor