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HomeMy WebLinkAbout04/12/1999April 12, 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, April 12, 1999. Mayor John R. Rooff in the Chair. Roll Call: Getty, Murphy, Jordan, Krizek, Gronen, Collier, Anders. Invocation by: Reverend Dan Phillips, Allen Hospital Pastoral Care and Christian Fellowship Church. Pledge of Allegiance: Tim Sea, Superintendent of Water Pollution/Flood Control. ORAL PRESENTATIONS 111865 - Jenny Wilcox, 231 Park Road, thanked Mayor Rooff and Council Members for the good job they are doing for the City of Waterloo and urged them to keep up the good work. 111866 Councilperson School and is also attended proceedings. Jordan/Murphy Gronen introduced Joe McGraney. Joe is a junior at East High participating in the city's government shadowing program. Joe the agenda meeting on Thursday and is here to watch the council that the above oral comments Motion carried. - Collier/Anders be received and placed on file. Ayes: Seven. that the Agenda, as proposed, for the Regular Session on Monday, 1999, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion 111867 - Murphy/Jordan that the Minutes, as 1999 at 7:00 p.m., be Mayor Rooff read Girls Club Week. April 12, carried. proposed, for the Regular Session on Monday, April 5, accepted and approved. Ayes: Seven. Motion carried. a proclamation declaring April 11 - 17, 1999 Mayor Rooff recognized Fire Parrott Integrity Award. Chief Frank Magasmen as Boys and or receiving the Matt Mayor Rooff presented the Mayor's Medal of Valor to Leo Dixon. Shawn Hoaglan, Iowa OHV Association, presented a plaque recognizing the cityi for creating the Riverview Recreational Area. Dr. Robert Koob and Mary Ann Burk presented the Cedar Valley's Promise. ORDINANCES TO BE ADOPTED 111868 - Councilperson Anders stated that there are citizens here tonight, along with the neighborhood association, who live along West Donald Street who have, concerns with the ordinance on tonight's agenda which will allow parking on Donald Street from Medina to the East Lake. Councilperson Anders stated that since he is going to recommend that the ordinance be tabled and since there are numerous items to be considered ahead of the ordinance, he requests that the ordinance be moved to the first item on the agenda so that the citizens do not have to sit through a lengthy meeting. Anders/Jordan that "an Ordinance amending the 1999 Traffic Code by repealing Subsection (86) Donald Street (W) of Section 551, Parking Prohibited at All Times on Certain Streets; and enacting in lieu thereof New Subsection (86) Donald Street (W) of Section 551, Parking Prohibited at All Times on Certain Streets", be tabled to April 26, 1999. Ayes: Seven. Motion Carried. HEARINGS AND BIDS 111869 - Collier/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 Sidewalk Repair Program -Zone 10, Contract No. 593, as published in the Waterloo Courier on March 26, 1999, be received and placed on file. Ayes: Seven. Motion carried. April 12, 1999 Page 2 HEARINGS AND BIDS CONTINUED 111870 - 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: Seven. Motion carried. 111871 - Krizek/Collier that "Resolution confirming approval of plans, specifications, form of contract, estimate of cost, etc. in conjunction with the F.Y. 1999 Sidewalk Repair Program -Zone 10, Contract No. 593", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-195. 111872 - Murphy/Jordan that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-196. 111873 - Collier/Gronen to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid B & B Builders Supply Waterloo, Iowa 5% $114,455.72 Borwig Building Service Waterloo, Iowa 5% $103,275.99 Suckow Concrete Construction, Inc. Hazelton, Iowa 5% $101,475.52 Ayes: Seven. Motion Carried. 111874 Getty/Murphy 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 East Lake and Katoski Drive Recreational Trail Repair Program, Contract No. 542 as published in the Waterloo. Courier on March 26, 1999, be received and placed on file. Ayes: Seven. Motion carried. 111875 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none Jordan/Collier that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 111876 - Krizek/Gronen that "Resolution confirming approval of plans, specifications, form of contract, estimate of cost, etc. in conjunction with the F.Y. 1999 East Lake and Katoski Drive Recreational Trail Repair Program, Contract No. 542", be adopted. Ayes: Seven Resolution adopted and upon approval by Mayor assigned No. 1999-197. 111877 - Anders/Collier that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-198. April 12, 1999 Page 3 HEARINGS AND BIDS CONTINUED 111878 - Collier/Jordan to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder B & B Builders & Supply Waterloo, Iowa Borwig Building Service Waterloo, Iowa Cedar Valley Corporation Waterloo, Iowa Dolan Concrete & Masonry, Inc. Waterloo, Iowa Peterson Contractors, Inc. Reinbeck, Iowa Rampart Corporation Waterloo, Iowa Suckow Concrete Construction, Inc. Hazelton, Iowa Welchers Construction, Inc. Cedar Falls, Iowa Ayes: Seven. Motion Carried. HEARINGS Bid Bond Total Bid 5% $129,707.00 5% $188,250.00 5% $193,949.42 5% $152,495.70 5% $209,409.00 5% $159,870.48 5% - $148,127.20 5% $176,483.60 111879 - This being the time and place of public hearing on sale and conveyance of property located at 229 West Park (Klinefelter Building) to Community National Bank for $20,000.00, the Mayor called for written and oral comments. Mayor Rooff stated that in 1995 or 1996 the city accepted title for the Klinefelter building from the Young Family. In mid1997 Main Street Waterloo advertised the building for sale in the Hurst Preservation Magazine. Main Street received six offers, with a written offer received from Ray Willey on behalf of the Willey Brothers of Ripon, California in March 1998. Mr. Willey submitted a proposal for the redevelopment of the building for an entertainment facility. Mayor Rooff stated that the Willey brothers visited the site twice prior to March 1998. The terms stated in the proposal were that the city sell the Klinefelter building to the Willey Brothers for $1.00, and Ray Willey would post or purchase a $100,000 performance bond and assume immediate liability after the property was transferred. A development agreement was approved by the city council on April 27, 1998, and the final document was: executed and returned for filing in mid -June 1998. The original timeline proposed by Mr_ Willey was as follows: March/April 1998, acquisition of property; June 1998, complete all plans,/blueprints, obtain permits; July 1998, start exterior and interior construction; January 1999, complete renovation; and open business February 1999. On November 30, 1998 Planning and Zoning sent a letter to Mr. Willey reiterating the need for the performance bond and gave him to December 15, 1998 to respond. On December 14, 1998 Planning staff received a letter from Mr. Willey requesting that he be given until March 1, 1999 to begin renovation of the building. On January 4, 1999 the city received a fax from Ray Willey stating that he would contact the Planning Department to discuss the matter and that he was making arrangements for the bond and would contact a local contractor about securing the building. On January 19, 1999 Mr. Willey submitted a letter to the city outlining a course of action indicating that the bond would be in place by March 1, 1999. The city sent a letter to Mr. Willey on January 28, 1999 indicating that the performance bond needed to be in place by February 28, 1999, and that there were adjacent property owners interested in the site, and that the city would proceed to hold a public hearing on the building in mid -March. On February 18, 1999 Mr. Willey faxed a letter to the city indicating that the bond would be in place by March 12, 1999. Community National Bank approached the city with a proposal to acquire the Klinefelter building and redevelop it for parking. The city council established March 15, 1999 as the deadline for the performance bond from Mr. Willey to be in place. April 12, 1999 Page 4 HEARINGS CONTINUED Mayor Rooff reported that the city received a letter this evening from Ray Willey regarding the bond. Mr. Willey's letter states that Allied Insurance in Des Moines, Iowa is willing to underwrite the $100,000 bond but because of the unusual nature of the contract with the city, Allied has asked for a bank letter of credit. Mayor Rooff stated that Mr. Willey is requesting two to three days to secure the bond. Mayor Rooff stated that he received a letter from George Warren this evening regarding Willey Brothers purchasing the Klinefelter building. Mr. Warren stated that over the weekend Ray Willey had decided to let the project go, but concerned Waterloo .citizens convinced him to stay. Mayor Rooff reported that at a council work session this afternoon another offer was presented by William Colwell, and he was told to present the offer at tonight's council meeting. Mayor Rooff reported that the offer from Mr. Colwell was to purchase the Klinefelter building for $31,000.00, and that Mr. Colwell proposed to spend $750,000 to $1,000,000 to develop the area and bring approximately eight to ten new jobs to the downtown area. Mr. Colwell submitted the following questions: 1) Why wasthe property offered to Community National Bank without the general public knowing it was for sale. 2) Why are council members who hold stock in Community National Bank allowed to vote on the issue. 3) Why was the Community National Bank offer approved after only one council hearing instead of the required hearings. 3) Do we want a parking lot or a new structure and jobs here in Waterloo rather than Cedar Falls. Mayor Rooff noted that the building has been for sale nationwide for three years. City Attorney Jim Walsh stated Iowa Code Section 362.5(9) states that if a person owns less than 5 percent of stock there is no conflict. Mr. Walsh stated that neither council member owns more than 5 percent of stock in Community National Bank. Charlene Jacobson, owner of property at 500 Jefferson; stated that the public never knew the Klinefelter building was for sale, and that everyone thought the building had to be renovated. Ms. Jacobson stated that he believes the ethical thing to do is to put the building up for sale to the highest bidder. Ms. Jacobson stated that she feels there are others willing to pay more for the property. Ms. Jacobson presented a petition containing 75 signatures of citizens opposed to the bank proposal. Jim Chizek, Vice President of Citizens Bank, stated that his bank has approved up to $1 million for Bill Colwell. Mr. Chizek stated that Mr. Colwell is buying the property solely to develop. Mr.Chizek stated that the proposal from Mr. Colwell is a win/win situation for everyone. By selling the property to Mr. Colwell the city increases the tax base, and new jobs are created for the downtown. Mr. Chizek stated that the city could give Community National Bank parking in the lot north of their building. Bob Braun, attorney for Community National Bank, stated that he feels Willey Brothers has had opportunity to deal with the property. Mr. Braun asked how many more opportunities are we going to give these folks to come up with proposals. Mr. Braun stated that Community National Bank brought 40 new jobs to the downtown and did not ask for any assistance. Mr. Braun stated they are asking for support, and that they need parking for potential expansion in the future. Mr. Braun asked the council do what it said it would do three weeks ago. Mr. Braun asked the council to approve their offer and rescind' their action on the development agreement with Willey Brothers. Joni Hollen, 320 East 4th Street, stated she feels very strongly about preservation of the Klinefelter building. Ms. Hollen stated that she does not feel there should be any time frame. Ms. Hollen stated that the building has survived the winter, and that the city should do everything it can to save the building and make it happen. Jim Chizek stated that he has the signed offer from Mr. Colwell, and that they will have the bond by tomorrow, and that they are not asking for any assistance or tax breaks. Mayor Rooff asked if the Klinefelter building is the only plat of land that Mr. Colwell will build on, and Mr. Chizek stated yes. Councilperson Gronen asked Mr. Chizek if Mr. Colwell will tear the building down. Mr. Chizek stated that is up to Mr. Colwell, and that the building could be restored or torn down. Donna Nelson, 514 Columbia Circle, urged the council to think about historic preservation, and that another council did this to the Paramount Theater. Ms. Nelson stated that no one has anything but nice things to say about Community National Building, but she asked the council not to rush their decision and that- three years is not too long. April 12, 1999 Page 5 HEARINGS CONTINUED Joe Vich, 1525 Olympic Drive, stated that Community National Bank's offer came about as they began to see efforts fall apart for Ray Willey's project. Mr. Vich stated that their offer was delivered to Mayor Rooff on December 12, 1998. Mr. Vich stated that three weeks ago it was his understanding that if Mr. Willey did not provide the performance bond, the city council would look at Community National Bank's offer. Mr. Vich stated that Community National Bank is going to tear down the building, and that .the purchase of this property will position them for the future to make sure they have the ability to grow. Mr. Vich urged the council to approve Community National Bank's offer to purchase the property. Councilperson Krizek stated that parking is available, and that the city could work with Community National Bank to find them parking. Mr. Vich sated that the issue is long-term planning, and that logically they will need to expand to the south. George Warren, 363E Inverness Road, stated that he has been in discussion with Jim Chizek. Mr. Warren stated that they have been waiting to hear from Ray Willey to see if he was going to do the project. Steve Parliament, Main Street Waterloo Director, stated that they are committed to restoration and keeping these buildings. Mr. Parliament stated that he is disappointed that Ray Willey has not produced. Mr. Parliament stated that Main Street would like to save the Klinefelter building as they think it is a rare one. Mr. Parliament stated that they support renovation and restoration of land marks whenever feasible. Bryan Nichols stated that parking lots do not renovate downtowns, buildings do. Mr. Nichols stated that the city has received an offer from Mr. Colwell, and that he hopes Mr. Colwell would renovate and not tear down the Klinefelter building. Mr. Nichols stated that he hopes the council will sell the building to either Willey Brothers or Mr. Colwell. Mayor Rooff stated that there is concern that the offer received from Mr. Colwell does not guarantee that the building will not be torn down. Councilperson Krizek stated that construction is not an exact science. Councilperson Krizek asked if the city needs the $100,000 cash bond and if the city requires other developers to post $100,000 cash bonds. Councilperson Krizek stated that if the cash bond is holding up Willey Brothers project, the city should tell him he does not have to post the $100,000 cash bond. City Attorney Jim Walsh stated that the $100,000 cash bond is required for* the city to cover cost if the building has to be demolished. Councilperson Getty stated that Willey Brothers have refused to come forward. Councilperson Getty stated that Community National Bank has been nice enough to offer to pay 100 percent of the demolition cost plus $20,000. Councilperson Getty stated that this has been going on for quite awhile, and he feels the council needs to move ahead and make a decision. Councilperson Getty stated that he is firmly committed to approving the sale of the, Klinefelter building to Community National Bank. Councilperson Anders stated that this item more than any other makes the council to do what is best for the community. Councilperson Anders stated that this issue calls on our honesty, integrity and responsibility to the taxpayers of the community. Councilperson Anders stated that he thinks the city has a moral obligation to sell the property to Community National Bank. Councilperson Anders stated that he is also committed to historic preservation. Getty/Murphy that the above petitions be received and placed on file. Ayes: Seven. Motion carried. 111880 - Getty/Collier 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: Seven. Motion carried. April 12, 1999 Page 6 HEARINGS CONTINUED 111881 - Getty/Collier that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Four. Nays: Krizek. Abstain: Jordan, Gronen.. Resolution adopted and upon approval by Mayor assigned No. 1999-199. 111882 - Getty/Murphy that proof of publication of notice of public hearing on the request of Community National Bank to vacate, sell and convey a portion of the alley generally located in the block bounded by Jefferson Street, Commercial Street, West Park Avenue and West 3zd Street as published in the Waterloo Courier on March 10, 1999, be received and placed on file. Ayes: Seven. Motion carried. 111883 - 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 recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 111884 - Jordan/Collier that "an Ordinance vacating the alley generally located in the block bounded by Jefferson Street, Commercial Street, West Park Avenue:and.West 3rd Street", be received, placed on file, considered and passed for the first time. Ayes: Four. Nays: Krizek. Abstain: Jordan, Gronen. Motion carried. 111885 - Getty/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Four. Nays: Krizek. Abstain: Jordan, Gronen. 111886 - Collier/Murphy that "an Ordinance vacating the alley generally located in the block bounded by Jefferson Street, Commercial Street, West Park Avenue and West 3rd Street", be considered and passed for the second and third times and adopted. Ayes: Four. Nays: Krizek. Abstain: Jordan, Gronen_ Ordinance adopted and upon approval by Mayor assigned No. 4350. 111887 - Murphy/Collier that "Resolution authorizing said sale and conveyance", be adopted and the City Attorney instructed to prepare and deliver deed accordingly. Ayes: Four. Nays: Krizek. Abstain: Jordan, Gronen. Resolution adopted and upon approval of Mayor assigned No. 1999-200. 111888 - Krizek/Gronen. that proof of publication of notice of public hearing on 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 per month payment for 36 months with a final balloon payment of approximately $27,521.18 at the end of three years, as published in the Waterloo Courier on April 2, 1999, be received and placed on file. Ayes: Seven. Motion carried. 111889 - 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: Seven. Motion carried. April 12, 1999 Page 7 HEARINGS CONTINUED 111890 - Jordan/Murphy that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-201. UNFINISHED BUSINESS 111891 Collier/Jordan that communication from Associate Engineer transmitting recommendation of award of contract to B & B Builders Supply of Waterloo, Iowa in the amount of $284,374.67 in conjunction with the F.Y. 1999 Concrete and Structure Repair Program, Contract No. 596, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-202. 111892 - Collier/Jordan that communication from Associate Engineer award of contract to Peterson Contractors of $90,710.30 in conjunction with the F.Y. Industries Site, Phase II, Contract No. 606, "Resolution approving said award of contract" Resolution adopted and upon approval by Mayor PETITIONS FROM PUBLIC 111893 - Anders/Collier transmitting recommendation of Reinbeck, Iowa in the amount of 1999 Demolition for Waterloo be received, placed on file and , be adopted. Ayes: Seven. assigned No. 1999-203. that communication from City Engineer transmitting request of D. E. Stoner for a waiver for a concrete driveway to be located at 714 Hanna Boulevard, together with recommendation of approval, be received,- placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-204. 111894 - Anders/Collier that communication from Assistant City Planner transmitting request of Salvation Army to vacate, sell and convey right. -of -way generally located on the north and south side of Logan Avenue for $1.00 to convert the property into a hard -surfaced landscaped parking lot, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 26, 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 same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-205. 111895 - Anders/Collier that communication from Assistant City Planner transmitting request of Comprehensive Systems, Inc. to rezone from "C-Z" Conditional Zoning District' to "R-2" One and Two Family Residence District property generally located on the southeast corner of Richland Drive and Midway Drive to convert building from an adult vocational center to a group home for the mentally challenged, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 3, 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 same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-206. 111896 Anders/Collier that communication from Assistant City Planner transmitting request of Michael Derifield for a site plan amendment to the "C-Z" Conditional Zoning District for property located at 2210 Lafayette Street for the construction of a new building after demolition of the existing building, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 26, 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 same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-207. April 12, 1999 Page 8 PETITIONS FROM PUBLIC CONTINUED 111897 - Anders/Collier that communication from Assistant City Planner transmitting request of James and Marilyn Grandon and the Chicago Central and Pacific Railroad to vacate, sell and convey a portion of the east -west alley generally located between Thorson Avenue and Brees Street, west of Ashland Avenue for $1,612.80, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 26, 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 same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-208. 111898 - Anders/Collier that communication from Assistant City Planner transmitting request of Brian Petsch to reduced the 8'8" utility easement to 5 feet for property located at 147 Trible Road for the purpose of expanding existing garage, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 26, 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 same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-209. 111899 - Anders/Collier that communication from Assistant City Planner transmitting request of Don and Rita Henderson to vacate three 8'8" utility easements for property located at 877 Belle Street for the construction of a storage/changing building, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 3, 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 same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-210. 111900 - Anders/Collier that communication from Assistant City Planner transmitting request of Schenk Engineering on behalf of Old Country Buffet for a site plan amendment to the "S-1" Shopping Center Commercial District for property generally located onr the northwest corner of Flammang Drive and Crossroads Blvd. for the development of a Hometown Buffet restaurant, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 3, 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 same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-211. REPORTS 111901 - Murphy/Krizek that communication from City Clerk transmitting Memorial Hall Operating Procedures, be received, placed on file, and "Resolution approving said Operating Procedures", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-212. Curly Hultman stated that as a citizen and a veteran he wished to congratulate Mayor Rooff and the council for the support they have given to the veterans of this county. Mr. Hultman stated that the preservation of the Memorial Hall building enables the Veterans Commission to do an outstanding job to citizens as a whole and not just veterans. Mr. Hultman stated that we are coming on the 50th anniversary of something called "Police Action." Mr. Hultman asked that we give special recognition to those veterans and establish a Hall of Heroes. The Hall of Heroes could be used to honor not just veterans from past wars but those who continue to serve. April 12, 1999 Page 9 REPORTS CONTINUED Mayor Rooff stated that he recently visited Memorial Hall, and that there is a fountain that pays tribute to the Civil War veterans. Mayor Rooff stated that he realizes that we need to honor the Korean Conflict veterans and veterans of all wars. 111902 - Murphy/Jordan that communication from City Clerk transmitting March 1999 Financial Report, with total revenues in the amount of $5,541,722.62 and total expenditures in the amount of $5,332,607.69, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 111903 - Krizek/Gronen that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from B & B Builders Supply of Waterloo, Iowa in the amount of $284,374.67 in conjunction with F.Y. 1999 Concrete and Structure Repair Program, Contract No. 596, be received, placed on file, and "Resolution approving said documents", be adopted and. Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-213. 111904 - Krizek/Gronen that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Peterson Contractors of Reinbeck, Iowa in the amount of $90,710.30 in conjunction with F.Y. 1999 Demolition of Waterloo Industries Site, Phase II, Contract No. 606, be received,placed on file, and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-214. 111905 - Krizek/Gronen that communication from Chief of Police transmitting an Agreement with Black Hawk -Grundy Mental Health Center, Family and Children's Council and Family Service League for the Family Support for Youthful Offenders Grant in the amount of $33,232.00, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-215. 111906 - Krizek/Gronen that communication from Associate Planner transmitting an application for Otha Ellis Jr. for tax exemption on improvements totaling approximately $10,000.00 for property located at 134 - 136 Mohawk Street in the Consolidated Urban Revitalization Area Plan, together with recommendation of; approval, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-216. 111907 Krizek/Gronen that communication from City Planner transmitting extension of agreement with Shawn Hottle for 27.8 acres of property generally located at the southwest corner of U.S. Highway 20 and Kimball Avenue for $250.00 for one year, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-217. 111908 - Krizek/Gronen that communication from Associate Engineer transmitting a Consulting Agreement for engineering services with Kirkham Michael Consulting Engineer to analyze the justification of a new interchange with Ansborough Avenue on the controlled access to U.S. Highway 20, with cost not to exceed $39,792.00, be received, placed on file and "Resolution approving said consulting agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-218. April 12, 1999 Page 10 DOCUMENTS CONTINUED 111909 - Krizek/Gronen that communication from Police Chief transmitting an for the Family Support for Youthful Offenders Grant, file and "Resolution approving said application", authorized to execute same. Ayes: Seven. application for funding be received, placed on be adopted and Mayor Resolution adopted and upon approval by Mayor assigned No. 1999-219. RESOLUTIONS TO BE ADOPTED 111910 - Anders/Collier that "Resolution setting date of hearing on plans, specifications, form of contract and notice to bidders as April 26, 1999 at 7:00 p.m. in the City Hall Council Chambers in conjunction with Highway 218/Cedar Valley Lakes Trail -Phase III, STP-ES-8155(33)-81-07, Contract No. 585", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-220. 111911 - Anders/Collier that communication from City Planner transmitting request of National Cattle Congress to refinance a loan from the revolving loan fund in the amount of $36,450.00, reducing the interest rate to 6.5%, with a five year amortization, with a payment due in October and yearly review of the note, together with recommendation of approval of the Revolving Loan Fund Committee, approving said request" be received, placed on file and "Resolution be adopted. Ayes: Six. Abstain: Getty. Resolution adopted and upon approval by Mayor assigned No. 1999-221. 111912 - Anders/Collier that communication from City Planner transmitting offer of Mercantile Bank to buy balance of note in the amount of $144,632.03 for Advanced Heat Treat at 93% of par which amounts to $134,507.79, together with recommendation of approval of the Revolving Loan Fund Committee, be received, placed on file and "Resolution approving said request" be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-222. BILLS PAYMENT 111913 - Murphy that "Resolution approving Schedule AP640, pp. 1 - 98 dated April 12, 1999 in the amount of $1,490,240.34 a copy of which is on file in the City Clerk's Office", be adopted, with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-223. 111914 - Krizek/Jordan that communication from Waterloo Water Works General Manager transmitting request of Laurel J. Nelsen to certify $605.12 for work performed by Waterloo Water Works at 120 Courtland Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-224. 111915 - Krizek/Jordan to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 1999 Slurry Seal Program, Contract No. 602, be received, placed on file and approved. Ayes: Seven. Motion carried. 111916 - Murphy/Getty that plans, specifications, form of contract, etc. in conjunction with F.Y. 1999 Slurry Seal Program, Contract No. 602, be received and placed on file. Ayes: Seven. Motion carried. April 12, 1999 Page 11 NEW BUSINESS 111917 - Jordan/Collier that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-225. 111918 - Anders/Collier that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as April 26, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-226. 111919 - Krizek/Jordan to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 1999 Seal Coat Program, Contract No. 601, be received, placed on file and approved. Ayes: Seven. Motion carried. 111920 - Murphy/Getty that plans, specifications, form of contract, etc. in conjunction with F.Y. 1999 Seal Coat Program, Contract No. 601, be received and placed on file. Ayes: Seven. Motion carried. 111921 - Jordan/Collier that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-227. 111922 - Anders/Collier that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as April 26, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-228. 111923 - Krizek/Jordan to instruct Building Official to prepare plans, specifications, form of contract, etc. in conjunction with East 5th Street Parking Ramp Deck Repair, be received, placed on file and approved. Ayes: Seven. Motion carried. 111924 - Murphy/Getty that plans, specifications, form of contract, etc. in conjunction with East 5th Street Parking Ramp Deck Repair, be received and placed on file. Ayes: Seven. Motion carried. 111925 - Jordan/Collier that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-229. 111926 - Anders/Collier that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as May 10, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-230. April 12, 1999 Page 12 NEW BUSINESS CONTINUED 111927 - Krizek/Jordan that communication from Mayor Rooff transmitting recommendation of the following appointments to the waterloo Metropolitan Transit Authority effective immediately: reappointment of Milt Roth, Chuck Andrews, Ted Schuler, and David Gross, with term expiration of July 1, 2001, Bruce Meisinger, Harold Andrews and Essie Johnson Buls, with term expiration of July 1, 2002, and appointment of Sharon Droste, with term expiration of July 1, 2002, be received, placed on file and approved. Ayes: Seven. Motion carried. 111928 - Krizek/Jordan that communication from City Planner transmitting recommendation of appointment of Wade Itzen of Union Planters Bank, and Craig Miller of Norwest Bank to the Revolving Loan Committee, be received,placed on file and approved. Ayes: Seven. Motion carried. 111929 - Krizek/Jordan that communication from City Planner transmitting amendment to Zoning Ordinance No. 2479, as amended, as it pertains to Part XIX "R-P" Planned Residence District to allow potential developers the option of submitting a general site plan with a zoning application and a revised site plan after approval of the zoning application, together with recommendation of approval of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as May 3, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-231. 111930 - Krizek/Jordan that communication from City Planner transmitting amendment to Zoning Ordinance No. 2479 as amended, as it pertains to Part XXIV, Exceptions and Modifications, to allow construction of decks to the front face of homes, together with recommendation of approval of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as May 3, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-232. TRAVEL REQUESTS 111931 - Gronen/Krizek that the following travel requests, with expenses not be received, placed on file and approved: 1. Rick Harned, Carroll Kienol, Willie Keller Traffic Accident Investigators, to attend the & Training Seminar in Bettendorf, Iowa on May not to exceed $1,000.00, including use of two to exceed amount shown, and David Mohlis, Police, 1999 M.A.T.A.I Conference 17 - 19, 1999, with costs city vehicles. 2. Roseann Cory, Pretreatment & Laboratory Services Coordinator, Waterloo Conference for Women in Waterloo, Iowa on June 21, costs not to exceed $149.00. 3. Darlene Welsh, Administrative Secretary, to attend Waterloo for Women in Waterloo, Iowa on June 21, 1999, with costs not $149.00. to attend 1999, with Conference to exceed 4. Roger Boyd, Fire Lieutenant, to attend Mine Safety Appliance Care Class in Cedar Rapids, Iowa on April 20, 1999, with costs not to exceed $275.00, including use of city vehicle. 5. Tim Pillack, Drug Task Force Sergeant, to attend Advanced Counter Drug Managers Training in Des Moines, Iowa on April 11 - 16, 1999, with costs not to exceed $635.00, including use of city vehicle. Ayes: Seven. Motion Carried. ' April 12, 1999 Page 13 MISCELLANEOUS 111932 - Getty/Jordan that the following beer and liquor 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 Young Arena (Transfer to Lincoln Park, 519 Mulberry Street on May 14, 1999, June 11, 1999, June 25, 1999, July 9, 1999, July 23, 1999, August 13, 1999 and August 27, 1999) Waterloo Women's Softball, Exchange Park (Seasonal 4/25/99 - 10/25/99) (Includes Sunday Sales) American Legion, 619 Franklin (Renewal) (Expires 5/13/00) (Includes Sunday Sales) Triple J. Mart, 1807 La Porte Road (Renewal) (Expires 4/8/00) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C The Locker Room, 1918 Hawthorne (Renewal) (Expires 5/1/00) (Includes Sunday Sales) Diamond Daves Crossroads, 124 Crossroads Blvd. (Renewal) (Expires 5/14/00) (Includes Sunday Sales) The Olive Garden, 1315 East San Marnan Drive (Renewal) (Expires 5/28/00) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class B The Grand Hotel, 300 West Mullan Avenue (New) (Expires 5/14/00) (Includes Sunday Sales) 4. Outdoor Service Area Young Arena (Transfer to Lincoln Park, 519 Mulberry Street on May 14, 1999, June 11, 1999, June 25, 1999, July 9, 1999, July 23, 1999, August 13, 1999 and August 27, 1999) Waterloo Women's Softball, Exchange Park (4/25/99 - 10/25/99) Ayes: Seven. Motion carried. BONDS 111933 - Collier/Jordan that the report of the City Attorney and list of bonds filed with the City' Clerk through April 12, 1999, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 111934 - Jordan/Anders that the Council adjourn at 9:22 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk