HomeMy WebLinkAbout09/08/1998September 8, 1998
ORAL PRESENTATIONS
The Council of the City of Waterloo, Iowa, met for Oral Presentations at City
Hall Council Chambers, Waterloo, Iowa, at 6:45 p.m., on Tuesday, September 8,
1998. Mayor John R. Rooff in the Chair. Roll Call: Getty, Murphy, Jordan,
Krizek, Gronen, Collier, Anders.
110910 - Mike Hahn, Main Street Waterloo Program Manager, reported that the Main Street
Waterloo 1998 Grand Tour will be held on Thursday, September 10, 1998 starting at
5:30 p.m. Ten sites will be open to the public, including the Oddfellows
Building, Artist's Studios, Roberts & Stevens Law Firm, The Amish Connection, The
Century Building, Apartment, Ruppman Marketing expansion, Squier's Square, Old
Cars Motor Co., and Invision Architecture. Mr. Hahn presented Mayor Rooff with
a replica of the former Paramount building, which can be purchased by citizens
through Main Street Waterloo.
Anders/Jordan
that the above oral comments be received, placed on file and the Council adjourn
at 6:59 p.m. Ayes: Seven. Motion carried.
The Council of the City of Waterloo, Iowa, met
Council Chambers, Waterloo, Iowa, at 7:00 p.m.,
Mayor John R. Rooff in the Chair. Roll Call:
Gronen, Collier, Anders.
in Regular Session at City Hall
on Tuesday, September 8, 1998.
Getty, Murphy, Jordan, Krizek,
Invocation by: Reverend David Van Netten, Grace Reformed Church.
Pledge of Allegiance: Mike Mrzlak,
110911 - Krizek/Jordan
that the Agenda, as amended, for the Regular Session on Tuesday, September
1998, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
110912 - Collier/Krizek
that the Minutes, as proposed, for the Regular Session
at 7:00 p.m., be accepted and approved. Ayes: Seven.
Superintendent of Traffic Operations.
Mayor Rooff read a Proclamation declaring September
School Month.
8,
on Monday, August 24, 1998
Motion carried.
as America Goes Back to
Mayor Rooff read a Proclamation that the City of Waterloo pledges its support to
the principles and goals of "The March: Planting The Seed to Conquer Cancer"
event on September 19, 1998 in Des Moines, Iowa and "The March: Coming Together
to Conquer Cancer" event on September 26, 1998 in Washington, DC.
Chief of Police Bernal Koehrsen performed Swearing-in of James Noss, Jason
Feaker, and James Oliver as new Police Officers for the Waterloo Police
Department.
HEARINGS AND BIDS
110913 - 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 construction of F.Y. 1999 Roofing Project, City Hall and Library, as
published in the Waterloo Courier on August 25, 1998, be received and placed on
file. Ayes: Seven. Motion carried.
110914 - 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.
September 8, 1998
HEARINGS & BIDS CONTINUED
110915 - Krizek/Collier
Page 2
that "Resolution confirming approval of plans, specifications, form of contract,
estimate of cost, etc. in conjunction with the F.Y. 1999 Roofing Project, City
Hall and Library", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-572.
110916 - Collier/Krizek
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-573.
110917 - Getty/Collier
that the request of the Administrative Director that date for opening of bids in
conjunction with F.Y. 1999 Roofing Project, City Hall and Library, be changed to
September 14, 1998 at 7:00 p.m. in the City Hall Council Chambers, be approved.
Ayes: Seven. Motion carried.
110918 - Murphy/Jordan
that proof of publication of notice of public hearing
specifications, form of contract, estimate of cost, etc
for the construction of F.Y. 1998 Riverview Recreational
as published in the Waterloo Courier on August 24, 1998
on file. Ayes: Seven. Motion carried.
on the proposed plans,
. and the taking of bids
Fence, Contract No. 591,
, be received and placed
110919 - This being the time and place of public hearing, the Mayor called
oral objections and there were none.
Collier/Jordan
for written and
that the hearing be closed and oral and written comments be received
on file. Ayes: Seven. Motion carried.
110920 - Krizek/Anders
and placed
that "Resolution confirming approval of plans, specifications, form of contract,
estimate of cost, etc. in conjunction with the F.Y. 1998 Riverview Recreational
Fence, Contract No. 591", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-574.
110921 - Collier/Krizek
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-575.
110922 - Collier/Gronen
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
Bidder Bid Bond Bid Amount
D & N Fence Co., Inc., Cedar Rapids, IA 5% $65,214.00
Ayes: Seven. Motion carried.
September 8, 1998
HEARINGS
110923 - Anders/Jordan
Page 3
that proof of publication of notice of public hearing on the proposed Development
Agreement with Crystal Distribution Services, Inc. to deed for $1.00, a portion
of the former Rath property to build a 55,000 square foot manufacturing facility,
with construction value estimated at $4,000,000, a minimum assessment of
$2,500,000 until December 31, 2009, tax rebates for five years, and a revolving
loan in the amount of $100,000 to assist in the demolition of the employees
building, as published in the Waterloo Courier on September 1, 1998, be received
and placed on file. Ayes: Seven. Motion carried.
110924 - This being the time and place of public hearing, the Mayor called for written and
oral objections and there were none.
Tom Poe, Vice President of Crystal Distribution, thanked Mayor Rooff and Council
Members for their support. Mr. Poe stated that they really needed help with
demolition of the old Employee Building and thanked the city for its help. Mr.
Poe also thanked City Planner Don Temeyer and Reed Craft, General Manager of
Waterloo Water Works.
Mayor Rooff thanked Mr. Poe for Crystal Distribution's commitment to the city.
In response to a question, Don Temeyer, City Planner, stated that the buildings
remaining at the former Rath site include the Administration Building and the
Vertical Building.
Jordan/Murphy
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
110925 - Jordan/Krizek
that "Resolution approving
and City Clerk authorized to
Resolution adopted and upon
110926 - Murphy/Jordan
said Development Agreement", be adopted and Mayor
execute same. Ayes: Seven.
approval by Mayor assigned No. 1998-576.
that "Resolution authorizing sale and conveyance of said property", be
adopted and City Attorney instructed to prepare and deliver a deed accordingly.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-577.
PETITIONS FROM PUBLIC
110927 - Anders/Krizek
that communication from City Engineer transmitting request of Michael A. Schneck
for a waiver for a concrete driveway to be located at 1800 West 6Ch Street,
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. 1998-578.
110928 - Anders/Krizek
that communication from City Engineer transmitting request of Kenneth L. Foreman
for a waiver for a concrete driveway to be located at 200 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. 1998-579.
110929 - Anders/Krizek
that communication from City Engineer transmitting request of J.E. Goldberg for a
waiver for a concrete driveway to be located at 400 Midlothian 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. 1998-580.
September 8, 1998
PETITIONS FROM PUBLIC CONTINUED
110930 - Anders/Krizek
Page 4
that communication from City Clerk transmitting request of the South Waterloo
Church of Brethren, 6227 Kimball Avenue, for a variance to the Noise Ordinance
on September 12, 1998 from 5:00 p.m. -8:00 p.m. in conjunction with live band
performing during their Fall Fling Festival, together with recommendation of
approval of the Police Chief, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-581.
110931 - Anders/Krizek
that communication from Assistant City Planner transmitting request of Michael
Kline, 804 Cornwall Avenue, to vacate the easterly twenty-eight feet of sidewalk
generally located north of his property and south of Cornwall Avenue, together
with recommendation of approval of the Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing
as September 28, 1998 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. 1998-582.
110932 - Anders/Krizek
that communication from Assistant City Planner transmitting request of James
Mashek, to rezone from "A-1" Agricultural District to " R -2/C -Z" Conditional
Zoning property generally located west of 2551 Logan Avenue to expand mini -
storage building, together with recommendation of denial of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as September 28, 1998 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. 1998-583.
110933 - Anders/Krizek
that communication from City Clerk transmitting request of KCRG-TV to land
Newscopter 9 at the National Cattle Congress grounds on Friday, September 18,
1998 from 4:00 p.m. to 6:00 p.m. during the National Cattle Congress Exposition,
be received, placed on file and approved. Ayes: Seven. Motion carried.
REPORTS
110934 - Krizek/Jordan
that communication from Deputy Finance Manager transmitting Fiscal Year 1998
Street Finance Report, Road Use Tax Fund", be received, placed on file and
"Resolution approving said report" be adopted and said report be filed with the
Iowa Department of Transportation. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-584.
DOCUMENTS
110935 - Murphy/Jordan
that communication from Administrative Director transmitting five-year contract
with Nutri-Ject System, Inc. to build, store, transport, and manage the long-term
Biosolids Program, in the amount of $18,000.00 per month plus $15.26 per wet ton
of sludge hauled away, be received, placed on file, and "Resolution approving
said Contract", be adopted and Mayor and City Clerk authorized to execute the
same.
Prior to a vote on the above motion, the following comments were heard.
Ed Delau, 8521 Kimball Avenue, stated that he is in the process of constructing a
new home within 1,200 feet of the proposed sludge storage facility. Mr. Delau
reported that he chose the site for his new home for the quality of life and
serenity, and he feels his choice will be compromised. Mr. Delau stated that
Nutri-Ject has promised that the proposed 80' x 300' structure will be well
ventilated, and that only three to four loads will be hauled during the summer
September 8, 1998 Page 5
DOCUMENTS CONTINUED
months. Mr. Delau stated that there were promises made when the landfill was put
in that the refuse would be contained, but if you drive by the landfill site now
you will see that the promise is not being kept. Mr. Delau reported that he has
concerns about groundwater; odors and declining property value. Mr. Delau stated
that there is nothing to say that additional units will not be added. Mt. Delau
reported that he appreciates the city's dilemma, understands that the city has a
problem, but that the city's solution makes it the residents' problem. Mr. Delau
asked that the council reject the contract and pursue other options, or approve
the contract with the stipulation that the building not be built on the proposed
site.
Councilperson Jordan stated that the resolution approves only the contract with
Nutri-Ject and not the location for the facility.
Scott Wienands, co-owner of Nutri-Ject, reported that once the contract is
approved by the council, engineering plans will be drawn up and then the proposed
site will go before the Black Hawk County Zoning Commission. Mr. Wienands stated
that it was his understanding that the proposed building falls under the
Agricultural Zoning. Mr. Wienands reported that if the Black Hawk County Zoning
Commission does not approve the site, Nutri-Ject will find a new site for the
building. Mr. Wienands stated that the proposed building meets all the criteria
of Agricultural.
Mayor Rooff stated that if residents have question regarding the proposed site
for the building, they should take their concerns to Black Hawk County and the
Department of Natural Resources.
Councilperson Anders asked if the agreement could be approved contingent on
Nutri-Ject finding an approved site.
Jim Walsh, City Attorney, stated that the council does not need to approve the
site, but only the contract with Nutri-Ject. Mr. Walsh stated that the site is
acceptable to all regulations.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-585.
110936 - Krizek/Anders
that communication from Chief of Police transmitting contract with the Iowa
Department of Public Safety, Governor's Traffic Safety Bureau, for a grant in the
amount of $8,000.00 to purchase four (4) radar detection units, be received,
placed on file, and "Resolution approving said Contract", be adopted and Mayor
authorized to execute the same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-586.
110937 - Krizek/Anders
that communication from Assistant City Engineer, transmitting Completion of
Project and Recommendation of Acceptance of Work performed by Aspro, Inc. &
Subsidiaries in conjunction with the F.Y. 1997 Street Reconstruction Program,
Contract No. 526, be received, placed on file and "Resolution approving said
documents", be adopted and two year Maintenance Bond, be received and placed on
file. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-587.
110938 - Krizek/Jordan
that communication from Main Street Waterloo Program Manager transmitting an
application with the Economic Development Administration (EDA) in conjunction
with the rehabilitation of 210-214 East Fourth Street into a business service
incubator with estimated costs of $458,334.00, with EDA Grant financing 60
percent and 40 percent secured through private financing, be received, placed on
file, and "Resolution approving said Application", be adopted and Mayor
authorized to execute the same.
Prior to a vote on the above motion, the following comments were heard.
September 8, 1998 Page 6
DOCUMENTS CONTINUED
Mayor Rooff stated that it will cost $458,334 to rehabilitate the property, and
that 40 percent of the cost of the project will be financed using financing from
three private individuals and 60 percent will be financed with the Economic
Development Administration grant, if awarded. Mayor Rooff questioned Mr. Hahn
when the city will receive payment on the $250,000 loan granted several years ago
to help stabilize the former Osco building.
Mike Hahn, Main Street Waterloo Program Manager, stated that there is still
$58,000 remaining on the primary mortgage, and then they will pay back the
$250,000 loan to the city.
Following discussion a vote was taken on the above motion, with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-588.
RESOLUTIONS TO BE ADOPTED
110939 - Anders/Jordan
that communication from City Planner transmitting request to establish a
Homeownership Downpayment Demonstration Grant Program to target non-traditional
first time home buyers who must secure a mortgage from an approved lender or
other conventional mortgage source and to approve release of $55,000 of
Administrative Fees, be received, placed on file and "Resolution approving said
request", be adopted and Mayor authorized to execute the same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-589.
110940 - Anders/Jordan
that communication from Assistant City Planner transmitting request to approve
and accept Quit Claim Deeds for property commonly known as 300-312 West 10`h
Street, be received, placed on file and "Resolution approving said deeds", be
adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-590.
BILLS PAYMENT
110941 - Jordan
that "Resolution approving Schedule AP640, pp. 1-55 dated September 8, 1998 in
the amount of $1,408,339.70 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. 1998-591.
NEW BUSINESS
110942 - Jordan/Gronen
to instruct Street Superintendent to prepare plans, specifications, form of
contract, estimated cost, etc. in conjunction with Downtown Snow Removal Contract
for the 1998-99 Winter Season, be received, placed on file and approved. Ayes:
Seven. Motion carried.
110943 - Getty/Krizek
that plans, specifications, form of contract, estimated cost, etc. in conjunction
with Downtown Snow Removal Contract for the 1998-99 Winter Season, be received
and placed on file. Ayes: Seven. Motion carried.
110944 - Jordan/Collier
that "Resolution preliminarily approving plans, specifications, form of
contract, estimated cost, etc. in conjunction with above described project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-592.
September 8, 1998
NEW BUSINESS CONTINUED
110945 - Collier/Murphy
Page 7
that "Resolution setting date of hearing on plans, specifications, form of
contract, estimated costs, etc. and taking of bids as September 28, 1998 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. 1998-593.
110946 - Getty/Krizek
that communication from Superintendent of Streets transmitting recommendation of
award of contract to Cargill, Inc. for roadway deicing salt in the amount of
$29.31 per ton, for an estimated total cost of $175,860.00, be received, placed
on file and "Resolution approving award of contract", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1998-594.
TRAVEL REQUESTS
110947 - Krizek/Murphy
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Kevin Nobis, School Resource Officer, to attend Safer Communities
Juvenile Crime Conference in Des Moines, Iowa on September 16-17,
1998, with costs not to exceed $130.00, including use of city vehicle.
2. Rebecca Johnson, Human Rights Specialist, to attend the EECO Training
Conference in Rochester, Minnesota on September 24, 1998, with costs
not to exceed $321.00, including use of city vehicle.
3. Walter Reed, Jr., Executive Director, to attend the EECO Training
Conference in Rochester, Minnesota on September 24, 1998, with costs
not to exceed $360.00, including use of city vehicle.
4. Rebecca Johnson, Human Rights Specialist, to attend the 515` National
Association of Human Rights Workers Annual Training Conference in
Denver, Colorado on October 20-25, 1998, with costs not to exceed
$1,273.00, including use of city vehicle.
5. Walter Reed, Jr., Executive Director, to attend the 51' National
Association of Human Rights Workers Annual Training Conference in
Denver, Colorado on October 20-25, 1998, with costs not to exceed
$1,223.00, including use of city vehicle.
6. Joe Leibold, Police Sergeant Firearms Instructor Armorer, to attend
Sub Machine Gun School in Lincoln, Nebraska on September 21-25, 1998,
with costs not to exceed $1,075.00, including use of city vehicle.
7. Maureen Newbill, Business and Marketing, to attend IMA/SPC Meeting and
pick up artifacts for the JAG Bosnian exhibit in Amana, Iowa and
Pella, Iowa on September 14-15, 1998, with costs not to exceed
$167.50.
8. Brian Baker, Chief HVAC Inspector, to attend Iowa Carbon Monoxide
Conference in Ankeny, Iowa on September 29 -October 1, 1998, with costs
not to exceed $313.04, including use of City Vehicle.
9. Ann Meyer and Tina Lathrop, School Resource Officer, to attend Safer
Communities Juvenile Crime Conference in Des Moines, Iowa on September
16-17, 1998, with costs not to exceed $199.00, including use of city
vehicle.
10. Joe Collier, Council Member, to attend the National Association of
Human Rights Workers Annual Training Conference in Denver, Colorado on
October 21-24, 1998, with costs not to exceed $1,038.00.
Ayes: Seven. Motion Carried.
September 8, 1998 Page 8
MISCELLANEOUS
110948 - Getty/Anders
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 outdoor service area application and cigarette
license, be received, placed on file and approved:
1. Beer/Liquor Permit Application
Class C
Mexikelly, 307 W 4th Street (Renewal) (Expires 9/30/99) (Includes Sunday
Sales)
2. Beer Permit Application
Class B
Happy Joe's, 106 Brookeridge Drive (Renewal) (Expires 9/30/99) (Includes
Sunday Sales)
National Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires
9/18/99) (Including Sunday Sales)
Young Arena (Transfer to Lincoln Park on 9/18/98)
3. Application for Outdoor Service Area
Young Arena at Lincoln Park --9/18/98
4. Application for Cigarette License
B & B Tobacco, Cattle Congress
Ayes: Seven. Motion carried.
110949 - Getty/Jordan
that the following application for solicitation license, be denied:
1. Application for Solicitation License
America's Future of North Central Iowa, 808 Wilson Street, Dysart
Ayes: Seven. Motion carried.
110950 - Getty/Collier
that communication from Chief of Police transmitting request to revoke Class C
Beer/Liquor License for Disco Macho, 118 E. 11th Street, be received, placed on
file and the approval of said license on August 3, 1998, be reversed and license
denied. Ayes: Seven. Motion carried.
ADJOURNMENT
110951 - Jordan/Collier
that the Council adjourn at 7:57 p.m. Ayes: Seven. Motion carried.
Nancy Eckert
City Clerk