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HomeMy WebLinkAbout12/19/94December 19, 1994 The Council of the City of Waterloo, Iowa, met in Regular Session in the City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m., on Monday, December 19, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Mollenhoff, Anders, Murphy, Getty. Absent: Krizek. Invocation by: Reverend Paul Huffman, Waterloo First Wesleyan Church Pledge of Allegiance: Cub Scout Pack #564 --Wes Pint, Brad Becker, Jason Fischels, Andy Kral, Nick Kral, Jeff and Billy Blaser, Scott Federspiel, Clint Oberhauser, Mike Even, and Mike Oberhauser, Leader Recognition of Week: Heaton Adams & Co. --Bob Heaton and John Adams 103995 - Mollenhoff/Jordan that the Agenda, as amended, for the Regular Session on Monday, December 19, 1994, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Krizek. Motion carried. 103996 - Jordan/Collier that the Minutes, as proposed, for the Regular Session on Monday, December 12, 1994, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Krizek. Motion carried. HEARINGS 103997 - Mollenhoff/Jordan that proof of publication of notice of public hearing on request of Dr. and Mrs. Lawrence Furlong to vacate the eight (8) foot utility easements generally located on either side of the northeasterly line of Lot 23 in Audubon Park Fourth Addition, as published in the Waterloo Courier on December 8, 1994, be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 103998 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Anders/Murphy that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 103999 - Jordan/Collier that "an Ordinance vacating the eight (8) foot utility easements generally located on either side of the northeasterly line of Lot 23 in Audubon Park Fourth Addition", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Krizek. Motion carried. 104000 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Krizek. Motion carried. 104001 Collier/Mollenhoff that the following ordinance be considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Krizek. Motion carried. 104002 - Jordan/Collier that "an Ordinance vacating the eight (8) foot utility easements generally located on either side of the northeasterly line of Lot 23 in Audubon Park Fourth Addition", be adopted. Ayes: Six. Absent: Krizek. Ordinance adopted and upon approval by Mayor assigned No. 4063. 104003 - Mollenhoff/Jordan that proof of publication of notice of public hearing on not to exceed $2,700,000 General Obligation Bonds for an Essential Corporate Purpose for expansion of the East Park Avenue ramp, as published in the Waterloo Courier on December 6, 1994, be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 104004 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Carl Adrian, 20 West Fourth Street, stated that as director of Cedar Valley Economic Development he has had experience with new business looking to locate downtown and parking availability is a key issue. A new company in development downtown will be requiring 35 spaces by next year. Available parking is a key to adding jobs to the downtown. December 19, 1994 Page 2 Hearings - continued Don Temeyer, City Planner, reported on available funding for the construction of additional levels of the ramp. The City has received a One Million dollar economic development grant and area businesses have volunteered to fund a $500,000 special assessment program. Parking revenues are expected to provide $600,000 in additional revenue. The fourth level will be funded by 2 Million dollars of tax increment funds that have been paying off the Conway Ramp and will be available for another use. It is expected that $700,000 in parking revenue will complete the debt repayment. The tax increment district for downtown was established in 1974. Taxes on the increased value since 1974 go to the TIF district to pay for improvements. The estimated parking deficiency is currently 203 spaces without any new development downtown. Since the late 1980's employment number have increased by over three thousand jobs in downtown. Councilperson Mollenhoff responded to the written objection of Marilyn Turner by supporting Ms. Turner's concerns as a public transportation dependent person. The council should be aware of the impact that MET developments could have on its customers. Vinod Sarin, 1133 South Hill Dr, brought questions to be addressed after reading the news release this item. Mr. Sarin asked about the number of spaces that this investment will produce, and he questions the need to build vertically in the downtown when horizontal space is available in other areas. Don Temeyer, City Planner, responded that approximately 320 additional parking spaces will be developed. The need for vertical building downtown is tied to workers' demand for parking within a four block radius of their worksite. The development of a shuttle service to lots on the edge of downtown is an alternative that could be developed to vertical building. Mollenhoff/Collier that the hearing be closed and oral and written comments be received, placed on file and the hearing be adjourned to January 17, 1995. Ayes: Six. Absent: Krizek. Motion carried. 104005 - Anders/Mollenhoff that proof of publication of notice of public hearing on a Loan Agreement and the issuance of not to exceed $960,000 General Obligation Capital Loan Notes for funds to pay costs of acquiring an ambulance and vehicles and equipment for the Fire, Police, Sanitation and Street Departments, as published in the Waterloo Courier on December 6, 1994 be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 104006 - HOLD HEARING --This being the time and place of public hearing, the Mayor called or written and oral objections and there were none. Staff was asked to explain the difference in a General Obligation Bond and a Capital Loan Note. Bruce Meisinger, Finance Manager, stated that GO Bonds are used for larger financing efforts. Larry Burger with Speer Financial explained that the interest rate on Capital Loan Notes is negotiated rather than being set through a formal bid process. Speer worked with the three area banks on this short term financing project. The debt repayment schedule produced a very favorable interest rate and Norwest Bank was willing to negotiate the best rate at 5.53%. Jordan/Collier that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 104007 - Mollenhoff/Murphy that "Resolution instituting proceedings to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $960,000 General Obligation Capital Loan Notes", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-603. 104008 - Getty/Jordan that "Resolution directing the acceptance of a proposal from Norwest Investments Services of Des Moines, Iowa to purchase $960,000 Capital Loan Notes", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-604. UNFINISHED BUSINESS 104009 - Murphy/Anders that resolution approving acquisition contract payment in the amount of $55,000.00, with estimated relocation costs of $22,463.00 and accepting the deed for Parcel No. 38 (Clifford & Donna Hansen) in conjunction with Sherwood Park Voluntary Acquisition, Phase II, be reconsidered (see CR 103970 of 12/12/94). Ayes: Five. Nays: Jordan. Abqqt: Krizek. Motion carried. December 19, 1994 Page 3 Unfinished Business - continued 104010 - Anders/Murphy that "Resolution approving acquisition contract payment in the amount of $55,000.00, with estimated relocation costs of $22,463.00 and accepting the deed for Parcel No. 38 (Clifford & Donna Hansen) in conjunction with Sherwood Park Voluntary Acquisition, Phase II", be adopted. Ayes: Five. Nays: Jordan. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-605. 104011 Getty/Anders that the following application for fireworks display be received, placed on file and approved: Application for Fireworks Display Waterloo Recreation & Arts Center --December 28, 1994 at Young Arena Ayes: Six. Absent: Krizek. Motion carried. 104012 Anders/Collier that the following application for license for recycling yard be tabled: Application for License for Recycling Yard Pierce Used Cars, 1500 Commercial Ayes: Six. Absent: Krizek. Motion carried. 104013 - Anders/Mollenhoff that the following applications for license for recycling yard be received, placed on file and approved: Applications for License for Recycling Yard Chase Auto Parts Co., Inc., 1041 Sheffield Avenue Chase Auto Parts Co., Inc., 1117 Sheffield Avenue Pat's Auto Salvage, 951 Lowell Avenue Weissman Iron & Metal Inc., 1500 W. Airline Hwy. Ayes: Six. Absent: Krizek. Motion carried. PETITIONS FROM PUBLIC 104014 - Mollenhoff/Jordan that communication from City Planner transmitting "S-1" Shopping Center District site plan for the proposed Carlos O'Kelly's Restaurant generally located on the southeast corner of E. San Marnan Drive and Flammang Drive, west of County Market, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 9, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described site plan", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-606. 104015 - Jordan/Collier that communication from City Planner transmitting "S-1" Shopping Center District site plan for the proposed Boston Chicken Restaurant to be generally located on the northeast corner of Crossroads Boulevard and Sears Street, west of Midas Muffler, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 9, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described site plan", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-607. 104016 - Getty/Collier that communication from City Planner transmitting request of Daniel Fencl to vacate, sell and convey for $487.50 the southerly 10 feet of right of way generally located on University Avenue from Dundee Avenue approximately 125 feet east, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 9, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-608. December 19, 1994 Page 4 DOCUMENTS 104017 - Anders/Jordan that communication from City Planner transmitting an application to the Iowa Department of Transportation for State Recreational Trails Program funds in the amount of $357,900.00 in conjunction with the proposed Sergeant Road Trail from Shaulis Road to Westfield Avenue, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Staff was asked if any property tax funds would be needed for this project. Don Temeyer, City Planner, reported that there is a twenty percent match for the State funds however the City has already invested sixty -thousand dollars in acquisition but there is the potential that the City would need to fund another $50,000 for the project. Temeyer reminded the council that this in only approval of the grant application and acceptance of the grant would need council approval so funding could be addressed at that time. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-609. 104018 Mollenhoff/Murphy that communication from Police Chief transmitting an agreement with the Iowa Department of Public Safety for funding of Lieutenant Robert Greenlee to participate with the Governor's Traffic Safety Bureau for promotion of motor vehicle occupant protection among law enforcement agencies and communities throughout Iowa for the 1995 calendar year, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-610. 104019 Jordan/Collier that communication from Personnel Director transmitting an agreement with the Drug and Alcohol Testing Alliance (DATA) to provide federally mandated drug and alcohol testing for covered City of Waterloo employees, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Jim Rodemeyer, Personnel Director, reviewed the Federal Mandate which becomes effective on January 1, 1995 which requires random drug testing for employees holding Commercial Drivers Licenses. The City has joined a consortium of other governmental agencies for this process and it is estimated that the annual cost will be between four and five thousand dollars. Samples will be collected at Allen Hospital and drug screening will be done in Memphis, Tennessee. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-611. 104020 - Murphy/Jordan that communication from Police Chief transmitting a Terms of Grant Agreement with the Community Foundation of Waterloo and Northeast Iowa for award of funding in the amount of $3,000.00 for the Strike a Match for Safety Program, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-612. RESOLUTIONS TO BE ADOPTED 104021 - Councilperson Anders questioned the lack expenditures in the Airport and North East Industrial TIF districts. Don Temeyer, City Planner, explained that there had been no new development in these TIF districts since there establishment. Mollenhoff/Collier that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with the Airport Tax Increment District", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-613. 104022 - Mollenhoff/Collier that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with the Northeast Industrial Area Tax Increment District", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-614. December 19, 1994 Resolutions to be Adopted - continued 104023 Mollenhoff/Collier Page 5 that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with the Rath Tax Increment District", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-615. 104024 - Mollenhoff/Collier that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with the Downtown Waterloo Tax Increment Fund", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-616. 104025 - Jordan/Collier that the Tax Exemption Certificate for $1,025,000 Energy Management Improvement Capital Loan Notes be received, placed on file and approved and City Clerk authorized to execute same. Ayes: Six. Absent: Krizek. Motion carried. 104026 - Mollenhoff/Murphy that "Resolution approving and authorizing a form of Loan Agreement, authorizing and providing for the issuance of $1,025,000 Energy Management Improvement Capital Loan Notes, and providing for the payment", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-617. 104027 - Getty/Anders that "Resolution establishing reserved parking for city vehicles on both sides of E. 6th Street between Mulberry and Franklin Streets", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-618. 104028 - Jordan/Collier that communication from City Planner transmitting request to advertise for bids on the sale and conveyance of excess right-of-way acquired in conjunction with construction of Hackett Road and Greenhill Road and "Resolution setting date of hearing as January 23, 1995 at 7:00 p.m. in the City Hall Council Chambers on the sale and conveyance of said property", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following discussion was heard. Councilperson Mollenhoff requested a review of the road configuration at Hackett and Greenhill before this sale progresses any further. He has concerns about the safety of the intersection and feels that further study should be done on changing the intersection location. Councilperson Jordan supported this effort and requested that the Engineering and Planning departments provide a report before the hearing. Mayor Rooff request that staff provide the engineer's report and design on this intersection to his office. With approval of mover and seconder, the above motion was withdrawn. Councilperson Murphy has also received complaints about the intersection and suggests that the safety issue be addressed. Mollenhoff/Murphy that communication from City Planner transmitting request to advertise for bids on the sale and conveyance of excess right-of-way acquired in conjunction with construction of Hackett Road and Greenhill Road be tabled to January 3, 1995. Ayes: Six. Absent: Krizek. Motion carried. ORDINANCES TO BE ADOPTED 104029 - Collier/Mollenhoff that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 20, Human Relations, and enacting in lieu thereof a new Chapter 20, Human Rights Commission", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Krizek. Motion carried. 104030 - Mollenhoff/Jordan that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (240) Marsh Street, of Section 551, Parking Prohibited at All Times on Certain Streets, and enacting in lieu thereof a new Subsection (240) Marsh Street of Section 551, Parking Prohibited at All Times on Certain Streets (removal of no parking signs in the 100 and 200 blocks of Marsh Street)", be tabled to January 3, 1995. December 19, 1994 Page 6 Ordinances to be Adopted - continued Prior to a vote on the above motion, the following discussion was heard. Councilperson Joe Collier reported for the Public Works Committee that after reviewing the 100 and 200 blocks of Marsh Street it is the Committee's recommendation to leave the "No parking" signs as posted. Councilperson Mollenhoff requested the council consider Councilperson Krizek's position on this issue and defer the vote until she is present. Ayes: Six. Absent: Krizek. Motion carried. BILLS PAYMENT 104031 Anders that "Resolution approving Schedule A918, pp. 1-67, dated December 19, 1994, in the amount of $1,026,823.72, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-619. NEW BUSINESS 104032 - Getty/Collier to instruct Superintendent of Water Pollution Control to prepare plans, specifications, form of contract, etc. for Bar Screens for Water Pollution Control Plant be received, placed on file and approved. Ayes: Six. Absent: Krizek. Motion carried. 104033 - Jordan/Collier that plans, specifications, form of contract, etc. for Bar Screens for the Water Pollution Control Plant be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 104034 - Anders/Murphy that "Resolution preliminarily approving plans, specifications, etc. for the above project", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-620. 104035 - Mollenhoff/Jordan that "Resolution setting date of hearing on specifications, form of contract, etc. and taking of bids as January 17, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-621. 104036 - Murphy/Jordan that communication from City Planner transmitting request to vacate a portion of street right-of-way (formerly S. Hackett Road), generally located from existing S. Hackett Road to Greenhill Road, together with recommendation of approval of the Planning, Programming and Zoning Commission, be tabled to January 3, 1995. Ayes: Six. Absent: Krizek. Motion carried. 104037 - Jordan/Mollenhoff that communication from Superintendent of Parks transmitting recommendation of appointment of Scott Destival to the position of Golf Maintenance II, effective January 3, 1995, be received, placed on file and approved. Ayes: Six. Absent: Krizek. Motion carried. 104038 Collier/Mollenhoff that communication from Mayor Rooff transmitting recommendation of appointment of the following to the Waterloo Commission on Human Rights: Sister Kathleen Grace (replace Mary Manning), with term expiration date of January 1, 1998; John Ma (replace Belinda Creighton -Smith), with term expiration date of January 1, 1996; Karen McNeil (replace Jeannie Hosman-Brown), with term expiration date of January 1, 1998; and reappointment of Val Martin, with term expiration date of January 1, 1998, be received, placed on file and approved. Ayes: Six. Absent: Krizek. Motion carried. December 19, 1994 Travel Requests 104039 - Murphy/Jordan Page 7 that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Thomas Jennings, Police Sergeant, to attend Homicide Investigation Seminar in Louisville, Kentucky, on January 23 - February 3, 1995, with costs not to exceed $1,540.00, including the use of city vehicle. 2. Clare Reed, Police Investigator, to attend 47th Annual American Academy of Forensic Sciences Advance Program Meeting in Seattle, Washington on February 13 - 18, 1995, with costs not to exceed $605.00. 3. Tim Powers, Haz Mat Regional Training Center, to attend Hazardous Materials Refresher Course in Minneapolis, Minnesota on December 21, 1994, with costs not to exceed $350.00. Ayes: Six. Absent: Krizek. Motion carried. MISCELLANEOUS 104040 - Jordan/Collier that the following beer and liquor license permit application be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department and application for cigarette permit be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C The Board Room, 504 Sycamore Street (Renewal) (Expires 12/29/95) Application for Cigarette Permit Jim's Place, 1408 Commercial Street Ayes: Six. Absent: Krizek. Motion carried. BONDS 104041 Anders/Collier that the report of the City Attorney and list of bonds filed with the City Clerk through December 19, 1994, be received, placed on file and report and bonds be approved. Ayes: Four. Nays: Jordan, Mollenhoff. Absent: Krizek. Motion carried. ORAL PRESENTATIONS 104042 Councilperson Collier requested No Parking Signs be placed in the 200 and 300 block of Cottage Street. There is a need for a four way stop to be located at Linn and Cottage Street. A street light needs to added in the middle of the block. These items are requested to assist the neighborhood group in preventing drug trafficking on this street. Ernie Boyken, PO Box 1801, stated that traveling on East Donald Street has been a pleasure since the drainage problem has been corrected. She and the residents in this area appreciate the efforts that have been taken. Charlotte Yuza is very pleased with the lights on Hawkeye Road and is thankful for the quick action taken by the council to improve this dangerous intersection. Mollenhoff/Jordan that the above oral comments be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. ADJOURNMENT 104043 - Anders/Jordan that the Council adjourn at 8:37 p.m. Ayes: Six. Absent: Krizek. Motion carried. Susan Fangman City Clerk