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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