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HomeMy WebLinkAbout12/11/95December 11, 1995 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 Monday, December 11, 1995 Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Mollenhoff. Absent: Collier. Invocation by: Reverend Richard Buller, 1st Presbyterian Church. Pledge of Allegiance: Bev Lind, Library Director Recognition of Week: KOKZ Radio, Tim Mathews, General Manager 105885 - Mollenhoff/Murphy that the Agenda, as proposed, for the Regular Session on Monday, December 11, 1995 at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. 105886 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Monday, December 4, 1995 at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. HEARINGS 105887 - Krizek/Jordan that proof of publication of notice of public hearing on request of Kenneth Quam dba Quam Construction to rezone from "C-1" Commercial District to "C -Z" Conditional Zoning property generally located at 2555 W. Third Street to allow a contractor's yard, including a 40' x 60' building for storing lawn care and landscaping equipment and dump trucks, as published in the Waterloo Courier on November 28, 1995, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 105888 - Mollenhoff/Jordan that communication from Kenneth Quam dba Quam Construction to withdraw the request to rezone from "C-1" Commercial District to "C -Z" Conditional Zoning property generally located at 2555 W. Third Street to allow a contractor's yard, including a 40' x 60' building for storing lawn care and landscaping equipment and dump trucks, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 105889 - Murphy/Jordan that proof of publication of notice of public hearing on request of Tower Park Partnership to vacate, sell and convey a portion of street right-of-way generally located on the south side of W. San Marnan Drive between Kimball Avenue and Nicki Street for $15,247.80, as published in the Waterloo Courier on November 28, 1995, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 105890 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Krizek/Jordan that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 105891 - Anders/Murphy that "an Ordinance vacating a portion of street right-of-way generally located on the south side of W. San Marnan Drive between Kimball Avenue and Nicki Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Collier. Motion carried. 105892 - Jordan/Krizek that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried. 105893 - Murphy/Jordan that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Collier. Motion carried. 105894 - Getty/Krizek that "an Ordinance vacating a portion of street right-of-way generally located on the south side of W. San Marnan Drive between Kimball Avenue and Nicki Street", be adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4140. December 11, 1995 Hearings - continued 105895 - Krizek/Jordan Page 2 that "Resolution authorizing sale and conveyance of a portion of street right-of-way generally located on the south side of W. San Marnan Drive between Kimball Avenue and Nicki Street to Tower Park Partnership for $15,247.80", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-724. 105896 - Krizek/Jordan that proof of publication of notice of public hearing on request of Four Square Development L.C. and Carol F. Norris to vacate, sell and convey the 16 foot north - south alley generally located from Dearborn Avenue to Lafayette Street between Colorado and Indiana Streets for $564.08 and $52.80 respectively, as published in the Waterloo Courier on November 30, 1995, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 105897 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Murphy/Anders that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 105898 - Getty/Jordan that "an Ordinance vacating the 16 foot north -south alley generally located from Dearborn Avenue to Lafayette Street between Colorado and Indiana Streets", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Collier. Motion carried. UNFINISHED BUSINESS 105899 - Krizek/Jordan that "Resolution approving voluntary annexation request of City of Evansdale for real property located on the east side of N. Elk Run Road, between Newell and E. Donald Streets, subject to the understanding that the City of Waterloo will not incur any expense from the extension of utilities to the annexation site", be adopted. Prior to a vote on the above motion the following discussion was heard. Councilperson Jordan asked if this item is approved would any changes to the property come before the council or planning and zoning commission? City Planner Don Temeyer informed the council that it would only be reviewed if changes to the use were planned. The site is currently zoned agricultural and could be used as a hog confinement site without any city approval. Councilperson Mollenhoff asked what the City's interest is when the industrial park is so near. Temeyer reported that the advantage to the new property owners would be a lower rate for installation of utilities and the advantage to the city would be the property tax revenue. Councilperson Anders stated that this property is on the east side of Elk Run Road which is very close to the city limits and he agrees that it is in everyone's best interest to move forward with the annexation. Councilperson Krizek feels it is an act of good faith between the cities to approve the annexation as requested by Evansdale. Councilperson Mollenhoff feels that collaborative efforts are good but he also feels the need to recognize the concerns that Mr. Day has expressed. Councilperson Getty stated his problem is with approving the annexation when the City is developing an industrial park nearby. Following discussion a vote was taken on the above motion with the following result: Ayes: Four. Nays: Getty, Mollenhoff. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-725. 105900 - Krizek/Anders that "Resolution authorizing updating telephone equipment, including voice mail, for all city buildings and to proceed with purchase", be adopted. Prior to a vote on the above motion, the following comments were heard. December 11, 1995 Page 3 Unfinished Business - continued Councilperson Mollenhoff reported that three councilmembers had an opportunity to receive additional information from four other vendors for telephone equipment and voice mail. The consensus of the group was to give the new vendors another month to provide proposals in a sealed bid form. Councilperson Jordan stated his agreement and he feels after talking with the vendors that they will be able to provide a quality system. Councilperson Getty asked staff to develop an inventory, prioritize the needs and get estimates of the costs involved. Councilperson Krizek reminded the members of the need to separate the phone equipment from the fiber optic hook up that is needed for the fire department. She stated that she would be willing to amend her original motion to reflect this if it is desired. Anders/Jordan that updating of telephone equipment, including voice mail, for all city buildings, be table indefinitely. Ayes: Six. Absent: Collier. Motion carried. 105901 - Krizek/Jordan to proceed with the fiber optic hookup and award of contract to the low bidders, Hoffman and Hoffman Trenching, Inc in the amount of $9,835.00 for fiber optic cable installation between the Fire Department and Black Hawk County Jail for the combined emergency dispatch system and award of contract for the cable and connectors, installation, connecting and testing of the cable between City Hall and the Fire Department to Communications Engineering Company in the amount of $11,802.00. Ayes: Six. Absent: Collier. Motion carried. DOCUMENTS 105902 Mollenhoff/Jordan that communication from City Planner transmitting a consultant agreement with Craig Ritland Architect for design and inspection services at a cost not to exceed $32,850.00 and construction inspections services at a cost not to exceed $10,000.00 in conjunction with Fourth Street Parking Expansion & Renovation from Washington Street to Franklin Street, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. City Planner Don Temeyer explained that funding for this project would be provided from a combination of funds from the parking improvement budget, donations from the UpDownTowners and unused funds from the East Park Avenue Ramp expansion. Following discussion a vote was taken on the above motion with the following result. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-726. RESOLUTIONS TO BE ADOPTED 105903 - Anders/Jordan that "Resolution approving communication from Administrative Director transmitting the F.Y. 1996 Capital Equipment Program", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-727. 105904 - Krizek/Mollenhoff that "Resolution setting date of hearing as January 2, 1996 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of former RTC property located at 57 Mulberry Street to Linda Andrews for $27,500, with the city paying closing costs not to exceed $550, subject to loan approval and IHAP grant", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-728. 105905 - Anders/Jordan that "Resolution setting date of hearing as January 2, 1996 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of former RTC property located at 713 Kern Street to Katherine D. Newman for $27,500, with the city paying closing costs not to exceed $650, subject to loan approval", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-729. December 11, 1995 Resolutions to be Adopted - continued 105906 - Krizek/Jordan Page 4 that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Rath Tax Increment District", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-730. 105907 - Krizek/Jordan that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Airport Tax Increment District", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-731. 105908 Krizek/Jordan that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Northeast Industrial Area Tax Increment District", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-732. 105909 - Krizek/Jordan that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Downtown Waterloo Tax Increment District", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-733. 105910 - Jordan/Murphy that "Resolution certifying to the County Assessor machinery and equipment taxes in the Rath Tax Increment Finance District that are needed to make debt payments", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-734. 105911 - Jordan/Murphy that "Resolution certifying to the County Assessor machinery and equipment taxes in the Downtown Waterloo Tax Increment Finance District that are needed to make debt payments", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-735. 105912 - Mollenhoff/Anders that "Resolution authorizing the issuance of not to exceed $7,500,000 Industrial Development Revenue Bonds (O'Neal Metals, Inc. Project) Series 1995 of the City of Waterloo, Iowa, for the purpose of making a loan to assist O'Neal Metals, Inc. in the acquisition of property, plant and equipment of an existing steel processing facility, and renovating and improving the facility and its equipment for the production and processing of steel products (the "Project"), authorizing the execution and delivery of certain financing documents pertaining to the project; authorizing an assignment of certain financing documents for further securing the payment of the bonds; authorizing the sale of said bonds; authorizing the appointment of a trustee; and related matters", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-736. 105913 - Murphy/Jordan that "Resolution canceling City Council meeting the week of December 25, 1995 due to the Christmas holiday", be adopted. Ayes: Five. Nays: Mollenhoff. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-737. ORDINANCES TO BE ADOPTED 105914 Getty/Mollenhoff that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 3234-3, Operation Limitations; and Section 32M-4, Operation, of Chapter 32%, Snowmobiles; and enacting in lieu thereof new Section 3234-3, Location of Operation, and Section 3234-4, Rules and Regulations of Operations, of Chapter 3234, Snowmobiles", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion the following comments were heard. December 11, 1995 Page 5 Ordinances to be Adopted - continued Councilperson Mollenhoff requested a summary of the final ordinance form. Police Chief Koehrsen described the five routes established to allow entry to the peripheries of the city limits, there is a curfew from the hours of 11:00 p.m. to 8:00 a.m. and written parental permission is required for juvenile operators. Following discussion a vote was taken on the above motion with the following result. Ayes: Six. Absent: Collier. Motion carried. 105915 - Mollenhoff/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried. 105916 - Getty/Mollenhoff that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Collier. Motion carried. 105917 - Mollenhoff/Jordan 105918 that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 3234-3, Operation Limitations; and Section 32%-4, Operation, of Chapter 3234, Snowmobiles; and enacting in lieu thereof new Section 3234-3, Location of Operation, and Section 3234-4, Rules and Regulations of Operations, of Chapter 32%, Snowmobiles", be adopted. Ayes: Five. Nays: Krizek. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4141. Krizek that "Resolution approving Schedule AP640, pp. 1-59 dated December 11, 1995, in the amount of $1,719,692.68, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-738. NEW BUSINESS 105919 - Mollenhoff/Anders that communication from City Planner transmitting recommendation of appointment of David Sturch to the position of Associate Planner, effective December 12, 1995, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 105920 - Jordan/Murphy that communication from Superintendent of Water Pollution/Flood Control transmitting recommendation of appointment of Terry Geerdes to the position of Sewer Maintenance Worker, effective December 12, 1995, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 105921 - Anders/Jordan that communication from Waterloo Water Works General Manager transmitting request of the Great Plains Company, contract to Lynette and Wayne Winters, to certify $896.96 for work performed by the Waterloo Water Works at 310 Wellington Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-739. 105922 - Krizek/Mollenhoff that communication from Waterloo Water Works General Manager transmitting request of Lynet G. Jessen to certify $896.96 for work performed by the Waterloo Water Works at 813 W. 2nd Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-740. 105923 - Krizek/Jordan to instruct Administrative Director to prepare specifications, form of contract, etc. in conjunction with F.Y. 1996 Flow Equalization Basin for Water Pollution Control Facilities, Contract No. 499, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 105924 - Jordan/Murphy that plans, specifications, form of contract, etc in conjunction with the F.Y. 1996 Flow Equalization Basin for Water Pollution Control Facilities, Contract No. 499, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. December 11, 1995 New Business - continued 105925 - Krizek/Jordan Page 6 that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-741. 105926 Mollenhoff/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as January 22, 1996 at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of hearing of same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-742. 105927 Krizek/Murphy to instruct Administrative Director to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 1996 Raw Wastewater Pump Building for Water Pollution Control Facilities, Contract No. 500, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 105928 - Jordan/Murphy that plans, specifications, form of contract, etc. in conjunction with F.Y. 1996 Raw Wastewater Pump Building for Water Pollution Control Facilities, Contract No. 500, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 105929 - Mollenhoff/Jordan that "Resolution preliminarily approving plans, specifications, etc. in conjunction with above said project", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-743. 105930 - Getty/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as January 22, 1996 at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-744. Travel Requests 105931 - Krizek/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Darcy Canby and Kerry Condon, Police Recruit Officers, to attend 149th Basic Level I Training School in Johnston, Iowa on January 2, 1996 through March 22, 1996, with costs not to exceed $4,231.400. Ayes: Six. Absent: Collier. Motion carried. MISCELLANEOUS 105932 - Getty/Krizek that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the following cigarette permit application be received, placed on file and approved: 1. Beer License Permit Application Class B Jerry's, 2790 Airport Boulevard (New Owner) (Expires 12/14/96) 2. Beer License Permit Application Class C Pronto Market, 4335 Texas Street (Renewal) (Expires 1/8/97) (Includes Sunday Sales) Crossroads 76, 2035 Mitchell Avenue (New Owner) (Expires 12/18/96) (Includes Sunday Sales) Holiday Station, 1602 LaPorte Road (Renewal) (Expires 11/30/96) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C Jim's Place, 1408 Commercial (Renewal) (Expires 12/15/96) (Includes Sunday Sales) 4 December 11, 1995 Miscellaneous - continued Cigarette Permit Application Crossroads 76, 2035 Mitchell Avenue Ayes: Six. Absent: Collier. Motion carried. ORAL PRESENTATIONS Page 7 105933 - Councilperson Krizek reminded citizens that December 15, 1995 is the deadline to nominate locations for the holiday lighting contest and to contact the Mayor's office with any address to be considered for the contest. Jordan/Anders that the above oral comments be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. ADJOURNMENT 105934 Mollenhoff/Jordan that the Council adjourn at 8:06 p.m. Ayes: Six. Absent: Collier. Motion carried. Susan Fangman City Clerk