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HomeMy WebLinkAbout03.22.1999COUNCIL WORK SESSION March 22, 1999 5:30 p.m. Council Chambers Members present: Mayor Rooff, Getty, Murphy, Jordan, Krizek, Gronen, Anders. Members absent: Collier. Moved by Krizek, seconded by Gronen that the Agenda, as proposed, be approved. Ayes: Six. Absent: Collier. Motion carried. Gary Dusenberry, Park Ranger at George Wyth State Park, reviewed changes to regulations on East Lake and the request to remove no parking on Donald Street. The changes include closing the boat ramp and parking lot located at the end of Donald Street and set a "No Wake" restriction from 4:00 a.m. until noon of each day. The changes are being made to provide a much safer boating area for the public and to help reduce the growing number of complaints that have been sent to the DNR concerning boating and fishing. The DNR would like to have the dike gates closed and secured to concrete barriers. Access for foot traffic for hiking and fishing would be available. Mr. Dusenberry also requested that the city lift the "No Parking" ban from Medina to the gates. The parking lot and ramp on the west side of East Lake will remain open. Vehicles can reach that lot through George Wyth State Park. The lot will accommodate approximately 35 vehicles with trailers. Closing down the Donald Street boat ramp and parking lot will cut down on the number of boats that can be on the lake at one time. The Donald Street ramp and lot will be reopened when East Lake is expanded some time in the future. The Donald Street lot was originally built to accommodate the planned larger lake. Councilperson Murphy suggested that the DNR consider reopening a channel between the East Lake and the Cedar River which would allow smaller boats a place away from the speed boats. Councilperson Anders stated that opening the channel could be disruptive to wildlife. Mr. Dusenberry stated that the channel has a tendency to silt back in. Mr. Dusenberry reported that Basic Materials will eventually dredge enough material from an adjacent lake which will add 60 to 70 acres and connect to East Lake. Councilperson Getty questioned how the DNR will clean up trash from the foot traffic. Mr. Dusenberry stated that restricting the use to hikers and fishermen will help reduce the number of swimmers, which is illegal by state and city laws. Mr. Dusenberry reported that since the boat ramp and parking lot were opened there have been problems with dumping of trash, drug and alcohol related incidents. Mr. Dusenberry stated that he will maintain the area and pick up the trash and mow the grass. Mr. Dusenberry stated that they hope to implement the new regulations with the start of the boating season in April of this year. Council Work Session March 22, 1999 Page 2 Councilperson Kxizek questioned if the city will expose itself to liability by closing the parking lot. City Attorney Jim Walsh stated that the city will not be exposed to additional liability by removing the parking. People could get back in there with little fear of anyone supervising because the police would not be able to patrol the area. Mr. Dusenberry stated that DNR officers will walk the shore of the lake. This item will be placed on the council agenda of Monday, April 5, 1999. With no further business before the council, it was moved by Murphy, seconded by Jordan that the meeting be adjourned at 5:47 p.m. Ayes: Six. Absent: Collier. Motion carried. Nancy Eckert City Clerk March 22, 1999 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, March 22, 1999. Mayor John R. Rooff in the Chair. Roll Call: Getty, Murphy, Jordan, Krizek, Gronen, Anders. Absent: Collier. Invocation by: Reverend Keith Orr, Retired Presbyterian Minister. Pledge of Allegiance: Jim Rodemeyer, Personnel Director. ORAL PRESENTATIONS 111733 - Councilperson Krizek presented a petition from Ambassador for Christ Church containing 70 signatures. The petition requests that the city allow additional parking on the south side of the 800 block of Byron Avenue on Sundays,: Wednesday evenings and during special church events. Mayor Rooff reported that tax credit applications for rehabilitation of Emerson and Whittier Schools were denied by the State, and he will look further into that decision. Mayor Rooff stated that he would like to discuss an editorial in tonight's Courier regarding the regional offices of the Iowa Department of Human Services and the Department of Revenue moving to Cedar Falls Industrial Park. It was stated in the editorial that Cedar Falls officials maintain they were not sure who the prospective tenants would be when they approved the deal with developer Miller Roskamp. Mayor Rooff stated that the editorial says its long overdue for city officials in Waterloo and Cedar Falls to set ground rules in their economic development civil war. Mayor Rooff stated that after reading the editorial he couldn't agree more. Mayor Rooff reported that he sent a letter to Mayor Stachovic a while ago asking that the cities work cooperatively. Mayor Rooff stated that he is committed to meeting with the City of Cedar Falls along with staff from Cedar Valley Economic Development Authority, the State and others to discuss once and for all what we should provide for the entire Cedar Valley area and how we can effectively use the land. Mayor Rooff stated that if we don't set down together and discuss this issue theonly winners will be the developers. This undermines all the efforts we have put forth and our combined efforts in Washington, D.C. Mayor Rooff stated that downtowns and brownfields, such as the former Rath area, are important to cities. Mayor Rooff stated that this has to stop, and he does not think any of the mayors would disagree with him. Jordan/Murphy that the above petition and oral comments be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111734 - Murphy/Jordan that the Agenda, as proposed, for the Regular Session on Monday, March 22, 1999, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. 111735 - Krizek/Gronen that the Minutes, as proposed, for the Special Session on Tuesday, March 9, 1999 and the Regular Session on Monday, March 15, 1999 at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. HEARINGS AND BIDS 111736 - Murphy/Jordan that proof of publication of notice of public hearing on the proposed plans, specifications, form of contract, estimate of cost, etc and the taking of bids for the F.Y. 1999 Washington Street Parking Lot Island Paving, Contract No. 607, as published in the Waterloo Courier on March 12, 1999, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111737 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Krizek that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. March 22, 1999 Page 2 HEARINGS AND BIDS CONTINUED 111738 - Getty/Anders that "Resolution confirming approval of plans, specifications, form of contract, estimate of cost, etc. in conjunction with the F.Y. 1999 Washington Street Parking Lot island Paving, Contract No. 607", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-134. 111739 - Jordan/Murphy that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-135. 111740 - Anders/Jordan that proof of publication of notice of public hearing on the proposed plans, specifications, form of contract, estimate of cost, etc. and the taking of bids on April 1, 1999 at 4:00 p.m. for the F.Y. 1999 Street Reconstruction Program, Contract No. 594, as published in the waterloo Courier on March 15, 1999, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111741 - 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 oral and written comments be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111742 - Krizek/Getty that "Resolution confirming approval of plans, specifications, form of contract, .estimate of cost, etc. in conjunction with the F.Y. 1999 Street Reconstruction Program, Contract No. 594", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-136. 111743 - Murphy/Gronen that "Resolution ordering construction in conjunction with above said project be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-137. HEARINGS 111744 - Anders/Jordan that proof of publication of notice of public hearing on the request of Community National Bank to sell and convey property located at 229 West Park (Klinefelter Building), as published in the Waterloo Courier on March 10, 1999, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111745 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mayor Rooff stated that the city has tried to work with restoring the Klinefelter building. The city received an offer from Wiley Brothers of Ripon, California to purchase the Klinefelter building to renovate into a billiards parlor and restaurant. The city gave the Wiley Brothers until March 12, 1999 to provide a performance bond prior to the transfer of the property as required by the development agreement. The city has received an offer from Community National Bank to purchase the building for $20,000 to use for a parking lot and that is why we are holding the hearing tonight. Mayor Rooff reported that he has had offers on this property from two other banks. Mayor Rooff stated that he received word today that Wiley Brothers has applied for the $100,000 performance bond through their insurance carrier along with financial statements and the development agreement with the city. March 22, 1999 Page 3 HEARINGS CONTINUED George Warren, 3638 Inverness Road, stated that he has been in contact with Ray Wiley, and Mr. Wiley is still ready to do the project. Mr. Warren stated that the city has tried to make this contractor complete his project on our timeline. Mr. Warren stated that another project Wiley is working on in Modesto, California has delayed Wiley Brothers. Mr. Warren reported that Wiley Brothers have applied for the performance bond and that he has the check in his hand. Mr. Warren stated that this development is a win/win situation for the city. Mr. Wiley will invest $1.5 million to renovate the building even if the business fails. Mr. Warren stated that to demolish the Klinefelter building and build a parking lot is not in the best interest of the city. Mr. Warren stated that Mr. Wiley will have to gross approximately $2 million per year which will generate $20,000 in taxes. Mr. Warren reported that Mr. Wiley plans to visit the city in two to three weeks. Mr. Warren reported that Mr. Wiley has talked with Prairie Construction, and they feel they can stabilize the building. Councilperson Jordan asked if the council moves ahead with Mr. Wiley's renovation plan what assurance do we have he will move forward with the project since it has already been a year since he submitted his renovation plans. Mr. Warren stated that this guy is for real and has done lots of development over the years. Mr. Warren stated that the development agreement with Mr. Wiley and., the city states he has to have construction underway within four months of transfer of title to him. Mr. Warren stated that Mr. Wiley is very interested in the project and has done the preliminary work, but he is unable to met the city's deadline. Councilperson Getty stated that Mr. Wiley requested the March 12, 1999 extension to place the performance bond. Councilperson Getty stated that he suggested .a March 1, 1999 deadline, and Mr. Wiley came back with the March 12, 1999 date. That was his schedule, not the city's. Councilperson Anders stated that he is sympathetic to a contractor working under the city's schedule. Rene Dupont, 106% East Fourth Street, stated that he is asking the council to delay making a decision because we don't know if Mr. Wiley is our man. Mr. Dupont stated that he does not feel Main Street Waterloo effectively marketed the Klinefelter property. Mr. Dupont reported that when they tried to market the property a year or two ago, they had six inquiries and that they were all looked at. Mr. Dupont stated that three months ago he suggested to the Main Street Waterloo Board that they look at those other potential buyers. Mr. Dupont reported that Main Street is about to engage the services of a new director, someone with an economic development background who will be here at the end of the month. Mr. Dupont asked for time for the new person to assess this project, a little more time to prepare a plan to help the council with their decision. Mr. Dupont stated that he knows the site is an eyesore, but Main Street Waterloo should put up signs that the building is going to be restored and a telephone number to call. Joe Vich, 1525 Olympic and President of Community National Bank, stated that they have not opposed development of the Klinefelter building. The developers have had over a year and as time has gone on nothing is happening. Mr. Vich stated that it is a downtown eyesore and a potential liability and development is taking too long. Mr. Vich reported that Community National Bank has had excellent growth and are in need for expansion and parking. Mr. Vicki stated that they also will need the city to vacate a portion of the alley bounded by Jefferson Street, Commercial Street, West Park Avenue and West 3=a.Street. The parking lot will be available for public parking in the evening and on weekends for patrons of the Public Library and Young Arena. Mr. Vich stated that Community National Bank has offered $20,000 for the property.. Mr. Vich reported that demolition bids for the Klinefelter building have come in higher than expected. Mr. Vich stated that he is disappointed, that as time went by he began to hope the bank would get the property. Mr. Vich reported on an article he got off the Internet regarding the development project the Wiley Brothers are doing in Modesto, California. Mr. Vich stated that the article states that as of January 1, 1999 Mr. Wiley was looking for investors for that project. Mr. Vich questioned if Mr. Wiley has investors for the Klinefelter project, and if the billiard project closes in Modesto will it work here. Mr. Vich stated that there seems to be more questions than answers. Mr. Vich asked as a local growing business that the council support the Community National Bank project. March 22, 1999 Page 4 HEARINGS CONTINUED Rick Young, 3704 Inverness Road and a member of Community National Bank Board of Directors, stated that his grandfather purchased the property in the 1930s. Mr. Young reported that he later hired an immigrant worker, Mayor Rooff's grandfather, to dig out the basement by hand. Mr. Young stated that three years ago his father was going to invest some money, had a report done and the report said the only way to save the building was take it apart brick by brick and restore the building. Mr. Young stated that physically the building •is in worse shape than it was a few years. Mr. Young stated that Community National Bank has invested $1.5 million, receives no tax breaks and could use the extra space. Mr. Young asked if the bond is a non -cancelable bond. Mr. Young stated that he feels Wiley's proposal to renovate the building is unrealistic because of its present condition. Brian Nichols stated that the building does not need to be demolished. Mr. Nichols stated that the parapet is leaning 18 inches or so from the roof up, and that it is from the roof up that needs to be repaired. Mr. Nichols stated that the building has been setting for two years and the building is salvageable. Mr. Nichols stated that the city just put parking under the viaduct, and there is a city ramp a block away, we need to renovate not build down. Mr. Nichols stated that its buildings that bring people downtown. Donna Nelson stated that Community National Bank has been wonderful for the downtown and that she wants it to succeed but not at the expense of historic preservation and what historic preservation brings to the community. Ms. Nelson stated that many cities have older buildings that lean such as Galena. Ms. Nelson compared demolishing the Klinefelter to the decision to demolish the Paramount Theater. Ms. Nelson asked the council to think about this, this is the only two-story livery stable left in Iowa. Ms. Nelson stated that the Klinefelter building is a gem, that once it is torn down its gone forever. George Warren stated that he did not want to disagree with Joe Vich, but that Wiley's billiards in Modesto closed because it lost 276 parking spaces around the building, that the lost of the parking spaces hurt the business. Councilperson Anders stated that in looking back at the Paramount Theater, once it's down, it's down and that he is not for making parking lots out of our downtown buildings. Councilperson Krizek asked that the council wait three more weeks before making a decision which will allow them time to meet with Mr. Wiley and check his performance bond. Councilperson Jordan stated that he does not disagree with Councilperson Krizek and Anders, but asked when is enough, when does the council cut this off. Councilperson Jordan stated there are good reasons for both sides, but that he feels silly when the council does not stand by its decisions. Councilperson Anders stated that if the city does not see movement from Mr. Wiley three weeks from tonight, he would move that the city sell the Klinefelter building to Community National Bank. Councilperson Anders stated that the council represents all citizens. In answer to a question from Councilperson Getty, Dave VanDee, Assistant City Planner,stated that the city approved the development agreement with Wiley Brothers in April 1998, and that in mid -July 1998 Wiley Brothers indicated we would have the performance bond by August 1998. Councilperson Getty stated that the city gave Wiley Brothers the deadline of March 1, 1999, and Wiley Brothers asked for an extension to March 12, 1999. To date,. the Planning, Programming and Zoning Commission has not received anything from Wiley. Councilperson Gronen stated that he feels this project has lost credibility with the council_ The council has given Wiley Brothers amble opportunity, and that he has concerns about Ray Wiley's goals. Don Temeyer, City Planner, stated that Wiley Brothers' proposed location for the bookstore in Modesto, California, is similar to the condition of the Klinefelter building. Mr. Temeyer stated that Wiley Brothers have moved the bookstore to another location at this time. March 22, 1999 Page 5 HEARINGS CONTINUED Getty/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. Krizek/Anders that this`item be tabled to April 12, 1999 to allow time to meet with Wiley Brothers to discuss the performance bond. Prior to a vote on the above motion, the following comments were heard. Mayor Rooff stated that Community National Bank has made its offer to purchase the Klinefelter building and other banks have expressed interest in purchasing the property. The council needs to decide if it is just between Community National Bank and Wiley Brothers or to include the other banks. Councilperson Krizek stated that she does not have enough information on the other banks, but if the council denies Wiley Brothers the first offer should go to Community National Bank. Councilperson Anders stated that if Wiley Brothers do not deliver that selling it to Community National Bank is the right thing to do. Councilperson Jordan asked what does the council expect in three weeks. Councilperson Getty stated that he would love it if Wiley would come to the city, but he has not performed to date. Councilperson Anders stated that every time we address the Klinefelter issue, George Warren gives additional information that Wiley Brothers is still interested. Councilperson Anders stated that if the city can save the Klinefelter building, we need to do everything we can to save the building for the downtown. City Attorney Jim Walsh stated that a performance bond is not that easy to obtain, and that if Mr. Wiley gets the performance bond that will be some indication he can get $100,000. Mr. Walsh stated that if Mr. Wiley can come up with the performance bond, the bonding company believes they can get the $100,000 when they need it. Mr. Walsh stated he is skeptical that Mr. Wiley can get the performance bond, but if he does the city cannot lose on the property. Mr. Walsh stated that the development agreement with Wiley Brothers sets out the time table they must follow, that on the date he takes possession of the building the time starts. Councilperson Jordan stated that if Wiley gets all the information to the city he will agree to table action. Councilperson Murphy asked if Community National Bank's offer will still be available in there weeks. Joe Vich stated that Community National Bank's offer is good until April 30, 1999, and that the bank supports the action to table. Getty to call•the question A vote was taken on the motion to table with the following result. Ayes: Four. Nays: Getty, Murphy. Absent: Collier. Motion carried. 111746 - Anders/Jordan that proof of publication of notice of public hearing on the request of Lockard Realty on behalf of Hurst Holding to rezone from "A-1" Agricultural District to "R-4" Multiple Residence District property generally located west of Tower 'Park Office Complex and north of Highway 20 for the development of an office facility, as published in the Waterloo Courier on March 10, 1999, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. March 22, 1999 Page 6 HEARINGS -CONTINUED 111747 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mayor Rooff stated that the city will purchase the property from Hurst Holding Company with a Promissory Note to pay Hurst from taxes paid through a TIF District that will be created for just this land. Cardinal Construction will purchase the property from the city and lease it to GMAC. The property will revert back to the city if the GMAC project fails. Mayor Rooff stated there wasnot a location available in the downtown area, and that GMAC was interested in developing in this area or in Cedar Falls. The tax rate will be $3.10 per one thousand dollars of valuation. Mayor Rooff stated that the city will pay Hurst Holding Company $548,856.00 for the property, construct the road and in ten years the city will receive a 10 percent return on our investment. Mayor Rooff stated that GMAC will start paying taxes next year and will only receive tax rebates for five years. Jack Fischels, a member of the Iowa Work Force Development Regional Board, stated that the Department of Labor recently awarded a $175,000 emergency grant to assist GMAC workers laid off at the Waterloo operations last year. Mr. Fischels stated he does not see how GMAC can get money from the Department of Labor and then turn around and get money from the city to build a new facility and hire more workers. Mr. Fischels stated that it seems like an extreme example of corporate welfare. Mr. Fischels stated that we need to wake up and stop selling ourselves short. Mayor Rooff stated that Mr. Fischels makes a good point. Mayor Rooff stated that this project will add an additional 120 employee, and that GMAC is making a major commitment to the city. Mayor Rooff stated that the city has gotten very competitive, and if we don't someone else will. Krizek/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. 111748 - Jordan/Murphy that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, by adding Subsection No. 311 to Section 2A-5, Rezoning Certain Property", be received,: placed on file, considered and passed for the first time. Ayes: Six. Absent: Collier. Motion carried. 111749 - Anders/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion Carried. 111750 - Murphy/Jordan that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, by adding Subsection No. 311 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4346. 111751 - Anders/Krizek that proof of publication of notice of public hearing on the Offer and Acceptance Agreement and Promissory Note in the amount of $548,856.00 from Hurst Holding Company for property generally located on San Marnan Drive westerly of Tower Park in conjunction with the GMAC Project, as published in the Waterloo Courier on March 16, 1999, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111752 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Jordan that the hearing be closed and 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. March 22, 1999 Page 7 HEARINGS CONTINUED 111753 - Jordan/Murphy that "Resolution approving said Offer and Acceptance Agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-138. 111754 - Krizek/Gronen that "Resolution authorizing said Promissory Note", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-139. t 111755 - Murphy/Jordan that proof of publication of notice of public hearing on the Development Agreement with Cardinal Construction to sell and convey property generally located on San Marnan Drive westerly of Tower Park for $1.00 to build a 30,000 square foot building as Phase 1 of the multi -year GMAC Development Project,- with construction value of $2,500,000.00, a minimum assessment of $2,200,000.00 until January 1, 2010 and tax rebates for five years with future expansion of an additional 75,000 square feet, as published in the Waterloo Courier on March 16, 1999, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111756 - This being the time and place of public hearing, the Mayor called for written and oral objections. George Warren stated that the council just approved purchasing the property from Hurst Holding Company for $548,856.00 and now the city wants to give the property to Cardinal Construction for $1.00, but the council will not allow Wiley Brothers time for the performance bond for the Klinefelter building. Mr. Warren stated that the city needs development in downtown. Mr. Warren stated that he has been pleading with Ray Wiley to continue the Klinefelter building project. Mr. Warren stated he is confused as to what are the council's.goals. Mr. Warren submitted a list of written questions to Mayor Rooff concerning the GMAC project. Ken Lockard commended Mayor Rooff and staff for the work they did in putting the GMAC project together. Mr. Lockard stated that he helped put the deal together for the GMAC project. Mr. Lockard stated that GMAC is a Fortune 500 company. -Mr. Lockard stated that GMAC was out choosing locations, and that the city ,tried to represent the downtown and MidPort America. Mr. Lockard stated that it is getting ridiculous what is going on between the cities of Waterloo and Cedar Falls, the stealing back and forth of companies. Mr. Lockard stated that this is a good deal and will be an excellent project for the community. Mr. Lockard stated that San Marnan is a gateway to the city, and that he hopes with GMAC we fill that up with first class development so that when people drive by they see what the city is doing. Mayor Rooff stated that he would take exception to the back and forth because he does not know that Waterloo has taken back from Cedar Falls. Getty/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. 111757 - Jordan/Anders that "Resolution approving Final Plat of Tower Technology Park Plat No. 1, together with Engineer's Certificate of Survey, Deed of Dedication, Report of the City Engineer and resolution adopted by the Planning, Programming, and Zoning Commission," be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-140. 111758 - Jordan/Murphy that "Resolution approving said Development Agreement," be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-141. March 22, 1999 Page 6 HEARINGS CONTINUED 111759 - Jordan/Murphy that `Resolution authorizing said sale and conveyance", be adopted and City Attorney. instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-142. PETITIONS FROM PUBLIC 111760 - Murphy/Jordan that communication from City Planner transmitting request of Wayne Natham to sell and convey property located at 607 Dearborn Street for $57,350.00, with a $15,000.00 down payment and $600.00 monthly payments for 36 months, with final balloon payment of approximately $27,521.16, be received, placed on file and "Resolution setting date of hearing as April 12, 1999 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 the same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-143. 111761 - Murphy/Jordan that communication from Chief of Police transmitting request of the Eastside Ministerial Alliance to hold "Way of the Cross" procession on April 2, 1999 starting at 12:00 noon, with the procession to begin at First Lutheran Church, 118 High Street; proceed along East Fourth Street; north to Newell Street; then east to Mobile Street; south on Mobile to Payne A.M.E. Church, 1044 Mobile 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. 1999-144. DOCUMENTS 111762 - Anders/Jordan that communication from Assistant City Planner transmitting Preliminary Plat for Scotch Grove Addition, together with Report of the City Engineer, and Resolution from Planning, Programming and Zoning Commission, be received, placed on file, and "Resolution approving said Preliminary Plat", be adopted. Ayes: Six.. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-145. 111763 - Anders/Jordan that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance from Professional Lawn Care of Waterloo, Iowa in conjunction with 1999 Right -of -Way Mowing, be received, placed on file, and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Five. Abstain: Krizek. Absent:Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-146. 111764 - Anders/Jordan that communication from Fire Chief transmitting Services Agreement with State Fire Marshal to provide Incident Command Training to volunteer firefighters in conjunction with Hazardous Materials Regional Training Center, be received, placed on file, and "Resolution approving said Services Agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Six. Absent: Collier. - Resolution adopted and upon approval by Mayor assigned No. 1999-147. March 22, 1999 Page 9 DOCUMENTS CONTINUED 111765 - Anders/Jordan that communication from City Planner transmitting request to prepare plan for a TIF (Tax Increment Finance) District to facilitate economic development in the area .by allowing incentive packages to be structured for individual businesses for property generally located westerly of the Tower Park Office Complex, .southerly of San Marnan Drive and northerly of Highway 20, be received, placed on file, and "Resolution approving said request", be adopted and Planning, Programming and Zoning Commission authorized to proceed with preparation of said plan. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-148. RESOLUTIONS TO BE ADOPTED 111766 - Krizek/Gronen that communication from City Planner transmitting request to sell and convey property • located at 806 Cloverdale to Rose M. Grayson for $50,000.00 under HUD Section 5(h)Plan for sale of single family houses under the Public Housing Homeownership Program, be received, placed on file and "Resolution fixing date of hearing as April 5, 1999 at 7:00 p.m. in the City Hall Council Chambers", be adopted and City Clerk instructed to publish notice of the same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-149. 111767 - Krizek/Gronen that communication from City Planner transmitting request of US West Utilities Company for an Utilities Easement to relocate fiber optic cable by routing on the East 5th Street parking ramp along the alley parallel to East 4th Streetinconjunction with the Waterloo Industries Corporate Headquarters project be received, placed on file and "Resolution approving said easement", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-150. BILLS PAYMENT 111768 - Murphy that "Resolution approving Schedule AP640, pp. 1 - 59 dated March 22, 1999 in the amount of $2,039,517.89, a copy of which is on file in the City Clerk's Office", be adopted, with recommendation of approval of the Finance Committee. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-151. NEW BUSINESS 111769 - Krizek/Anders to instruct City Engineer to prepare plans, specifications, form of contract, etc. .in conjunction with F.Y. 1999 Demolition for Waterloo Industries Site - Phase II, Contract No. 606, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 111770 - Jordan/Murphy that plans, specifications, form of contract, etc. in conjunction F.Y. 1999 Demolition for Waterloo Industries Site -Phase II, Contract No. 606, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111771 - Getty/Murphy that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-152. March 22, 1999 Page 10 NEW BUSINESS CONTINUED 111772 - Getty/Anders that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as April 5, 1999 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. 1999-153. 111773 - Krizek/Anders to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.X. 1999 Concrete & Structure Repair Program, Contract No. 596, be received, placed on file and approved_ Ayes: Six. Absent: Collier. Motion carried. 111774 - Jordan/Murphy that plans, specifications, form of contract, etc. in conjunction with F.Y. 1999 Concrete & Structure Repair Program, Contract No. 596, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111775 - Getty/Murphy that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Collier_ Resolution adopted and upon approval by Mayor assigned No. 1999-154. 111776 - Getty/Anders that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as April 5, 1999 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. 1999-155. 111777 - Krizek/Anders to instruct City Engineer to prepare plans, specifications, form of contract, etc. in .conjunction with F.Y. 1999 Sidewalk Repair Program -Zone 10, Contract No. 593, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 111778 - Jordan/Murphy that plans, specifications, form of contract, etc. in conjunction with F.Y. 1999 Sidewalk Repair Program -Zone 10, Contract No. 593, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111779 - Getty/Murphy that "Resolution preliminarily approving plans, specifications, form of contract etc. in conjunction with above described project", be adopted. Ayes: Six.. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-156. 111780 - Getty/Anders that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as April 12, 1999 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. 1999-157. 111781 - Krizek/Anders to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 1999 East Lake and Katoski Drive Recreational Trail Repair Program, Contract No. 542, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. March 22, 1999 Page 11 NEW BUSINESS CONTINUED 111782 Jordan/Murphy that plans, specifications, form of contract, etc. in conjunction with the F.X. 1999 East Lake and Katoski Drive Recreational Trail Repair Program, Contract No. 542, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111783 - Getty/Murphy that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-158. 111784 - Getty/Anders that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as April 5, 1999 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. 1999-159. 111785 Krizek/Jordan that final schedule of assessments and final plat in conjunction with Tower Park - Lots 4 and 5 be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 111786 - Jordan/Gronen that "Resolution adopting and levying final schedule of assessments and providing for payment thereof in conjunction with Tower Park - Lots 4 and 5", be adopted and City Clerk instructed to certify said assessments. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-160. 111787 -- Gronen/Krizek that communication from Facilities Maintenance Supervisor transmitting recommendation of appointments of Edward Abben and Joel Shepard to the position of Maintenance HVAC Technician effective March 23, 1999 and March 29, 1999 respectively, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 111788 - Gronen/Krizek that communication from Cultural and Arts Director transmitting recommendation of appointment of Marlene Ackerman to the position of Registrar and Mike Guild to the position of Building Manager, effective March 23, 1999, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 111789 - Gronen/Krizek that communication from Mayor Rooff transmitting recommendation of appointment of David Roth and Randy Herod to the Housing Board of Appeals effective immediately, with term expiration date of February 1, 2002, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 111790 - Gronen/Krizek that communication from Mayor Rooff transmitting recommendation of the following appointments to the Planning, Programming and Zoning Commission effective immediately: reappointment of Tom Langlas, with term expiration date of February 7, 2002; appointment of Mike Marlow and George Warren, with term expiration of February 7, 2002, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. March 22, 1999 Page 12 NEW BUSINESS CONTINUED 111791 - Gronen/Krizek that communication from Mayor Rooff transmitting recommendation of the following appointments to the General Contractors Board of Licensing and Examiners effective immediately: reappointment of Wallace Stokes, with term expiration of May 24, 2000, Mark Gardner and Reed Hunemuller, with term expiration of May 24, 2001, James Crandall and Dave Peters, with term expirationof May 24, 2002 and appointment of Wayne Magee, Mike Bentley, Gary Longhorn and Mark Koch, with term expiration of May 24, 2002, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 111792 - Gronen/Krizek that communication from Mayor Rooff transmitting recommendation of the following appointments to the Board of Adjustment effective immediately: appointment of Mitzie Rekward, with term expiration date of December 8, 2001; reappointment of Pamela St. John and Ronald Erne, with term expiration date of December 8, 2001, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. TRAVEL REOUESTS 111793 - Krizek/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Mark Gallagher, Assistant Sports Supervisor, to attend the Iowa Park and Recreation Association 1999 Annual Conference in Davenport, Iowa on March 30 - 31, 1999, with costs not to exceed $337.00. 2. Louis Cutwright, Jr., Building Official, to attend ADA Symposium in Kansas City, Missouri on May 10 - 12, 1999, with costs not to exceed $555.00. 3. Terrance Geerdes, Sewer Maintenance, to take the TV Van For Its Annual Inspection, Repair and Computer Update to Aries Industries, Inc. in Sussex, Wisconsin on March 24, 1999, with costs not to exceed $266.50. 4. Virgil Powell, Fire Lieutenant, to attend R332 Interpersonal Dynamics F. Service Organization Class in Emmitsburg, Maryland on July 12 - 23, 1999, with costs not to exceed $180.00. Ayes: Six. Absent: Collier. Motion Carried. MISCELLANEOUS 111794 - Getty/Krizek that the following beer and liquor license applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the following applications for outdoor service area, be received, placed on file and approved: 1. Beer License Permit Application Class B Rudy's Taco,- 2401 Falls Road (Renewal) (Expires 4/14/00) Waterloo Bucks, 850 Park Road (Seasonal--3/22/99 - 9/21/99) (Includes Sunday Sales) Waterloo Softball Association, Corner of Burton Avenue and Longfellow Avenue, (Seasonal--4/28/99 to 10/28/99) (Includes Sunday Sales) 2. Beer License Permit Application Class C Jim Lind Standard, 230 East Ridgeway Avenue (Renewal) (Expires 4/6/00) (Includes Sunday Sales) Family Circle, 111 West Ridgeway Avenue (Renewal) (Expires 4/6/00) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C Legends, 2122 Kimball Avenue (Renewal) (Expires 3/28/00) (Includes Sunday Sales) March 22, 1999 Page 13 MISCELLANEOUS CONTINUED 4. Application for Outdoor Service Area Waterloo Bucks, 850 Park Road (3/22/99 - 9/21/99) Waterloo Softball Association, Corner of Burton Avenue and Longfellow Avenue, (4/28/99 - 10/28/99) Red Carpet Club, 1449 Newell Street (4/5/99 - 4/5/00) Ayes: Six. Absent: Collier. Motion carried. BONDS 111795 - Jordan/Krizek that the report of the City Attorney and list of bonds filed with the City Clerk through March 22, 1999, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Collier. Motion carried. ADJOURNMENT 111796 - Krizek/Gronen that the .Council adjourn at 8:58 p.m. Ayes: Ayes: Six. Absent: Collier. Motion carried. Nancy Eckert City Clerk