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HomeMy WebLinkAbout01/09/95January 9, 1995 The Council of the City of Waterloo, Iowa, met in Regular Session in City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m. on Monday, January 9, 1995. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Mollenhoff. Absent: Collier Invocation by: Reverend Sigmund Hilmer, Grace Lutheran Church MO Synod Pledge of Allegiance: Suzanne Cole Recognition of Week: Cole Photography, Suzanne Cole, Manager 104091 - Mollenhoff/Jordan that the Agenda, as amended, for the Regular Session on Monday, January 9, 1995, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. 104092 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Tuesday, January 3, 1995, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. HEARINGS 104093 - Mollenhoff/Jordan that proof of publication of notice of public hearing on the request of Daniel Fencl to vacate, sell and convey the southerly 10 feet of right of way generally located on University Avenue from Dundee Avenue approximately 125 feet east for $487.50, as published in the Waterloo Courier on December 29, 1994, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 104094 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Murphy/Jordan 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: Collier. Motion carried. 104095 Jordan/Mollenhoff that "an Ordinance vacating the southerly 10 feet of right way generally located on University Avenue from Dundee Avenue approximately 125 feet east", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Collier. Motion carried. 104096 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried. 104097 - Jordan/Murphy that the following ordinance be considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Collier. Motion carried. 104098 - Murphy/Mollenhoff that "an Ordinance vacating the southerly 10 feet of right way generally located on University Avenue from Dundee Avenue approximately 125 feet east", be adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4068. 104099 - Anders/Jordan that "Resolution authorizing sale and conveyance of the southerly 10 feet of right of way generally located on University Avenue from Dundee Avenue approximately 125 feet east to Daniel Fencl for $487.50", 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. 1995-17. 104100 - Murphy/Anders that proof of publication on "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, as published in the Waterloo Courier on December 29, 1994, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. January 9, 1995 Page 2 Hearings - continued 104101 HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/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: Collier. Motion carried. 104102 - Anders/Jordan that "Resolution approving Collier. Resolution adopted and upon said site plan", approval by Mayor 104103 - Getty/Jordan that proof of publication on "S-1" proposed Carlos O'Kelly's Restaurant of E. San Marnan Drive and Flammang the Waterloo Courier on December 29, Six. Absent: Collier. Motion carr be adopted. Ayes: Six. Absent: assigned No. 1995-18. Shopping Center District site plan for the to be generally located on the southeast corner Drive, west of County Market, as published in 1994, be received and placed on file. Ayes: ied. 104104 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Mollenhoff requested the City Planner report on the plan's accommodations for parking and whether the issue of acquiring right of way for a turn lane had been resolved. Don Temeyer, City Planner, reported that the original plan request was for a line of parking stalls that would impede the construction of a turn lane so the Planning Commission recommended removal of these parking stalls from the plan. Mr. Temeyer stated that negotiations for the purchase of the right- of-way are on-going with the property owner but should not impede the approval of this site plan. Murphy/Jordan 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: Collier. Motion carried. 104105 - Jordan/Anders that "Resolution approving said site plan", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-19. 104106 - Anders/Murphy that proof of publication of notice of public hearing on expansion of the Tax Increment Financing District (TIF) Plan surrounding the Waterloo Airport, as published in the Waterloo Courier on December 20, 1994, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 104107 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Anders/Getty 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: Collier. Motion carried. 104108 - Murphy/Anders that "Resolution approving said Plan", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-20. 104109 - Anders/Jordan that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Airport Multi -Modal Park Development Area in the City of Waterloo, Black Hawk County, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Redevelopment Project", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Collier. Motion carried. January 9, 1995 Page 3 Hearings - continued 104110 - 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. 104111 - Jordan/Murphy 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. 104112 - Jordan/Mollenhoff that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Airport Multi -Modal Park Development Area in the City of Waterloo, Black Hawk County, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Redevelopment Project", be adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4069. PETITIONS FROM PUBLIC 104113 - Murphy/Jordan that communication from City Planner transmitting "M -2,P" Planned Industrial District minor site plan amendment request from Warren Transport, Inc. for a proposed storage building for property generally located southwest of Newell Street and Elk Run Road intersection, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted, subject to approval by the Planning, Programming and Zoning Commission. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-21. REPORTS 104114 - Getty/Jordan that communication from Personnel Director transmitting Personnel Policies and Procedures Manual be received, placed on file and "Resolution approving said policies and procedures manual", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-22. DOCUMENTS 104115 - Mollenhoff/Jordan that communication from Fire Chief transmitting an application to the U.S. Department of Housing and Urban Development (HUD) for a Special Purpose Grant in the amount of $200,000 (with no cost to the City) for Phase II of the renovation of the Hazardous Material Regional Training Center, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-23. 104116 Anders/Jordan that communication from Assistant City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by K &W Electric of Cedar Falls, Iowa in conjunction with F.Y. 1994 Water Pollution Control Facility Dual Electric Feed System, Contract No. 460, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-24. 104117 - Krizek/Murphy that communication from Assistant City Engineer transmitting Maintenance Bond from K & W Electric of Cedar Falls, Iowa in conjunction with F.Y. 1994 Water Pollution Control Facility Dual Electric Feed System, Contract No. 460, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. January 9, 1995 Documents - continued 104118 - Jordan/Murphy Page 4 that communication from Assistant City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders of Waterloo, Iowa in conjunction with F.Y. 1994 Concrete and Structure Repair Program, Contract No. 468, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Collier Resolution adopted and upon approval by Mayor assigned No. 1995-25. 104119 - Jordan/Mollenhoff that communication from Assistant City Engineer transmitting Maintenance Bond from B & B Builders of Waterloo, Iowa in conjunction with F.Y. 1994 Concrete and Structure Repair Program, Contract No. 468, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 104120 - Mollenhoff/Anders that communication from Assistant City Engineer transmitting Construction Plans for Sanitary Sewerage Facilities serving BV Addition (Logan Avenue frontage road), as submitted by Schenk Engineering, and Sewage Treatment Agreement DNR Form 29 (Dec 86) with the Department of Natural Resources (DNR), together with recommendation of approval, subject to acceptance by DNR, be received, placed on file and "Resolution approving said plans and agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-26. 104121 - Murphy/Anders that communication from Traffic Engineer transmitting an application to the Iowa Department of Transportation for Traffic Safety Improvement Funds in the amount of $20,000.00 (with no cost to the City) for installation of permissive/protected and right turn phasing on San Marnan Drive at the LaPorte Road intersection be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-27. 104122 - Anders/Jordan that communication from Housing Director transmitting revisions to Admissions and Continuing Occupancy Policy for Operation of Public Housing Programs be received, placed on file and "Resolution approving said revisions", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-28. 104123 - Anders/Jordan that communication from Housing Director transmitting revisions to the Equal Opportunity Housing Plan for the Waterloo Section 8 Housing Programs be received, placed on file and "Resolution approving said revisions", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-29. 104124 - Anders/Jordan that communication from Housing Director transmitting revisions to the Administrative Plan and Admission Policy for the Waterloo Section 8 Housing Programs be received, placed on file and "Resolution approving said revisions", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-30. 104125 - Getty/Jordan that communication from Street Superintendent transmitting Contracts, Bonds and Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa in conjunction with Fiscal Year 1995 Snow Removal Winter 1994-1995 Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-31. January 9, 1995 RESOLUTIONS TO BE ADOPTED 104126 - Murphy/Jordan Page 5 that "Resolution regarding the issuance of not to exceed $7,500,000 in aggregate principal amount of Industrial Development Revenue Bonds (O'Neal Metals, Inc., Project) Series 1995, directing publication of notice of intention to issue, calling for a public hearing on February 6, 1995, at 7:00 p.m. in the City Hall Council Chambers on the proposal to issue said bonds, declaring an official intent to reimburse and authorizing execution of a Memorandum of Agreement", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following discussion was heard. Linda Kniep with Ahlers Law Firm, Des Moines, introduced representatives from O'Neal Steel to answer any questions the Mayor and Council may have. Pat Thornton, treasurer for O'Neal Metals, informed the public that O'Neal is acquiring Weissman's Steel Supply business. O'Neal has been a regional metal service industry since 1922, with twenty-three locations throughout the country. This purchase in intended to expand the company and increase their book of business. Terry Taft, O'Neal regional manager, explained that O'Neal sees the opportunity for expansion in this area. Expansion plans include the addition of new products to the Weissman line, an increase in capacity and expansion of sales regions beyond Iowa. There is the potential to increase employment from the current level of 80 employees to 100 employees. Councilperson Anders requested that O'Neal identify the use for the $7.5 Million dollars in bonds. Pat Thornton informed the Council that $3 Million will be used to purchase the existing land and buildings, $3.5 Million will purchase existing equipment and the other $1 Million will be used to purchase additional equipment for expansion. There is no obligation to the City, as this debt has a letter of credit from the bank. Dick Spader, Weissman Steel, thanked the Mayor and Council for the successful forty year relationship that Weissman has had with the community and would like to compliment Weissman and the City of Waterloo for its ability to attract a fine company like O'Neal Metals to this area. 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. 1995-32. 104127 - Mollenhoff/Jordan that "Resolution amending Resolution No. 1983-196 to include authorizing the sale and conveyance of the northern ten feet of vacated alley generally located between Bishop and Ogden, south of Fulton Street to David A. Thompson and Cheryl Thompson", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-33. 104128 - Jordan/Mollenhoff that the form of Tax Exemption Certificate for the $960,000 Essential Corporate Purpose General Obligation Capital Loan Notes, Series 1995, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Collier. Motion carried. 104129 - Anders/Jordan that "Resolution approving and authorizing a form of Loan Agreement and authorizing and providing for the issuance of $960,000 General Obligation Capital Loan Notes, Series 1995, and levying a tax to pay the notes", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-34. 104130 - Murphy/Jordan that "Resolution appointing Norwest Bank Iowa, N. as Paying Agent, Registrar, and Transfer Agent, Registrar and Transfer Agreement and authorizing be adopted and Mayor and City Clerk authorized Absent: Collier. A. of Des Moines, Iowa, to serve approving the Paying Agent and the execution of the Agreement", to execute same. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 1995-35. 104131 - Mollenhoff/Anders that "Resolution transferring from the Tax Increment Financing Fund the sum of $350,000.00 to the Debt Service Fund for payment of General Obligation Bonds", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-36. January 9, 1995 Page 6 Resolutions to be Adopted - continued 104132 - Jordan/Murphy that "Resolution approving and authorizing submission of an application to the Iowa Department of Economic Development for Community Economic Betterment Account funding for Welyn Enterprises, Inc.", be adopted. Prior to a vote on the above motion, the following discussion was heard. Stephen Brustkern, Cedar Valley Economic Development, reported to the Council that this is an application for funds to purchase the Waterloo Industrial Development Association Spec building on Burton Avenue by Welyn Inc. 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. 1995-37. Councilperson Collier now present. ORDINANCES TO BE ADOPTED 104133 - Mollenhoff/Jordan that "an Ordinance amending the 1991 Traffic Code by repealing Marsh Street, of Section 551, Parking Prohibited at All Times on and enacting in lieu thereof a new Subsection (240) Marsh Street Parking Prohibited at All Times on Certain Streets (removal of no the 100 and 200 blocks of Marsh Street)", be received, placed on and passed for the third time. Subsection (240) Certain Streets, of Section 551, parking signs in file, considered Prior to a vote on the above motion, the following discussion was heard. Councilperson Mollenhoff asked that Councilperson Krizek report to the Council the wishes of her constituents. Councilperson Krizek reported that the residents in this area are requesting the signs be removed. Councilperson Jordan reported that he visited the area and with the help of local residents measured the distance between two parked vehicles. He reported that there was fourteen feet of clearance between the vehicles he measured, which should allow adequate room for snow plows. Following discussion a vote was taken on the above motion with the following result. Ayes: Four. Nays: Anders, Getty, Collier. Motion carried. 104134 - Krizek/Jordan that "an Ordinance amending the 1991 Traffic Code by repealing Marsh Street, of Section 551, Parking Prohibited at All Times on and enacting in lieu thereof a new Subsection (240) Marsh Street Parking Prohibited at All Times on Certain Streets (removal of no the 100 and 200 blocks of Marsh Street)", be adopted. Ayes: Four Getty, Collier. Ordinance adopted and upon approval by Mayor assigned No. 4070. BILLS PAYMENT 104135 - Mollenhoff that "Resolution approving Schedule A918, pp. amount of $1,382,539.94, a copy of which is on adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor NEW BUSINESS 104136 - Murphy/Collier that communication from Superintendent of Streets/Sanitation transmitting recommendation of appointment of Larry McNamara, Tom Meyer, Eugene Smith, Andrew Gilliam and Cedric Hill to the position of Utility Operator effective January 10, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. Subsection (240) Certain Streets, of Section 551, parking signs in . Nays: Anders, 1-38, dated January 9, 1995, in the file in the City Clerk's office", be assigned No. 1995-38. 104137 - Collier/Mollenhoff that communication from Superintendent of Water Pollution/Flood Control transmitting recommendation of appointment of Gary Schellhorn to the position of Treatment Operation Supervisor effective January 10, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. Travel Requests 104138 Anders/Krizek that the following travel requests, with expenses not to exceed amount shown, be received, placed on'`le and approved: January 9, 1995 Page 7 Travel Requests - continued 1. Greg Bagsby, Rehab Specialist, to attend Community Revitalization Training Center for training on incorporating lead-based paint hazard reduction in housing rehabilitation in Des Moines, Iowa on January 26-27, 1995, with costs not to exceed $447.00, including the use of city vehicle. 2. Louis Cutwright, Building Official, to attend 1994 Nonstructural UBC Update, 1994 UMC Update, Building Classification Seminar in Des Moines, Iowa on January 18-20, 1995, with costs not to exceed $252.50, including the use of city vehicle. 3. Robert Walker, Building Inspector II, to attend Building Inspection - Common Sessions on Legal Responsibilities, Communication and Enforcement Techniques - Field Inspection Responsibilities in Madison, Wisconsin on January 30 -February 3, 1995, with costs not to exceed $896.25, including the use of city vehicle. 4. Steve Nemmers, Police Investigator, to travel to Salt Lake City, Utah on a homicide investigation on January 9-12, 1995, with costs not to exceed $1,045.00. Ayes: Seven. Motion carried. MISCELLANEOUS 104139 - Getty/Mollenhoff 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: 1. Beer License Permit Application Class C Kum & Go, 2900 Falls Avenue (Renewal) (Expires 2/26/96) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C The Bar, 903 Sycamore Street (Renewal) (Expires 1/12/96) (Includes Sunday Sales) Players Lounge, 109 Oneida Street (Renewal) (Expires 1/12/96) (Includes Sunday Sales) Ayes: Seven. Motion carried. ADJOURNMENT 104140 - Mollenhoff/Anders that the Council adjourn at 8:10 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk