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HomeMy WebLinkAbout04/06/1998April6, 1998 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 6, 1998. Mayor John R. Rooff in the Chair. Roll Call: Getty, Murphy, Jordan, Anders, Collier, Krizek, and Mollenhoff. Invocation by: Reverend Joyce Wilder, Ambassadors for Christ Church Pledge of Allegiance: Elk Run Heights Club Scout Pack 126, Leaders: Terrie and Paul Foglesong, Scouts: Josh Duben, David Foglesong, Nile Laughlin, Levi Newcomb, Mitchell Cross, Justin Jacobs, Dillon Timm, Seth Hill, John Barker, Noah Dolph -Peterson, Ben Toma, and Steven Hoffman. 110014 - Mollenhoff/Jordan that the Agenda, as amended, for the Regular Session on Monday, April 6, 1998, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 110015 - Murphy/Collier that the Minutes, as proposed, for the Regular Session on Monday, March 23, at 7:00 p.m. and Special Session on Monday, March 30, 1998 at 3:50 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor John R. Rooff read the following Proclamations: 1. Declaring April 1998 as Child Abuse Prevention Month. 2. Declaring April 1998 as Fair Housing Month. 3. Declaring April 9, 1998 as National D.A.R.E. Day. 4. Declaring week of April 13-19, 1998 as Clean -Sweep Week with Saturday, April 18, 1998 declared as Clean -Sweep Day. HEARINGS 110016 - Mollenhoff/Krizek that proof of publication of notice of public hearing on the request of Schenk Engineering to amend the "R -3,R -P" site plan amendment or property generally located in the Cedar Hills -South View Estates area to allow for a manufactured home sub -division, as published in the Waterloo Courier on March 20, 1998, be received and placed on file. Ayes: Seven. Motion carried. 110017 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mollenhoff/Jordan that the letter of opposition from Southdale Neighborhood Association and comments from Joe Meany, 4619 E. Washburn Road; and Layne Sanford, Dahlia Boulevard be received and placed on file. Ayes: Seven. Motion carried. 110018 - Hugh Field, attorney representing Cedar Hills - South View Estates, stated that at the State of the City Mayor Rooff addressed low -incoming housing and the city's commitment to making affordable housing available to all its citizens. Mr. Field reviewed Chapter 414 of the State Code of Iowa which prohibits a city from adopting or enforcing zoning regulations or other ordinances which disallow the plans and specifications of a proposed residential structure solely because the proposed structure is a manufactured home. Mr. Field reviewed a letter written on August 4, 1980 by City Engineer Ralph Anderson regarding the final plat for Cedar Hills. Mr. Anderson indicated that the final plat met the requirements of the Subdivision Ordinance and included easements for the overland flow of water across adjacent land. Mr. Field reviewed the rules and regulations of Southview Estates. The regulations do not allow the tenants to park overnight on the street. Off-street parking for two vehicles is provided for each home site. The manufactured home must be two years or newer, a minimum of 14 feet width and have shingled pitched roofs with hardboard or vinyl siding. A play area is provided for the children. Mr. Field stated that the proposed amended site plan is surrounded on two sides by mobile home parks and access to the existing housing development will be screened by an earthen berm. The proposed plan would change Marigold to a dead end. The development is designed to drain out the platted drainage easements on the lake lot. It will utilize the existing storm sewer. The existing outfall capacity will handle the development, and the lift station has the pump capacity to handle the development. Mr. Field asked the council to read the articles he distributed regarding manufactured homes not affecting surrounding property. April 6, 1998 Page 2 HEARINGS CONTINUED Tim Shea, Superintendent of Water Pollution/Flood Control, stated that the lift station report is incomplete. There have been surcharges in the area in the past. The capacity of the pumps is over the capacity needed. Some of the homes may have cross connections where footings are channeling storm water into the sanitary sewer lines. Mayor Roof stated that the storm and sanitary sewer issues need to be resolved before any decision is made. Councilperson Mollenhoff questioned the skirting requirement and what is meant by management approved skirting. Mr. Field stated that it is the intention of the developers that this be a nice project. Councilperson Jordan stated that a lot of the basements in the area were flooded in the last rainfall. He asked if someone will guarantee these people that there will not be flooding problems. Fred Debe, Schenk Engineering Company, stated that the developer would not be responsible for upgrading the system if the problem is in the existing sewer and not a capacity issue. Mr. Debe sated the original plan would have created more sewer and water problems than the site plan amendment. Dan Richardson, 5020 Dahlia, stated that one week ago his drain backed up and he had a couple of inches of water in his basement that ruined his carpet, and that the same thing happened two years ago. His insurance does not cover this type of occurrence. Mr. Richardson stated that city staff indicated that the lift pump was unable to handle the storm sewer. He feels there is a definite problem, and that the city needs a system capable of taking on some surges. Mayor Rooff stated that this issue was addressed during the site plan process, and we thought the problem had been resolved. Mark Gill stated that he owns 52 acres of property across the road. The pond drains to the creek. It is soil and can handle the water now but what will happened if concrete is put on the land, where will the water flow. Mayor Rooff stated that the City Engineer needs to address the drainage. Councilperson Getty questioned how do we know the sanitary sewer is draining into the storm sewer. Councilperson Anders stated that if the council tries to approve the site plan tonight, it will not pass. He would like to table the amended site plan until the water problems are solved. Anders/Getty that the "R -3,R -P" site plan amendment be tabled pending completion of storm water drainage report. Prior to a vote on the above motion, the following comments were heard. Hugh Field, attorney for South View Estates, stated that they have a problem with deferring this item again. The proposed site plan amendment was deferred three or four months ago and will delay the completion date into the fall. Fred Debe, Schenk Engineering, stated that the data on the lift station is it can handle the domestic waste, not storm water. There might be some infiltration from housing built in 1970 and 1980. If the lift station is strictly for sanitary sewer it has the capacity, the storm water is strictly street level. Some of the water goes to Southdale, drainage goes to Cedar Hill, across 218 then to the north. Mr. Field stated that this property is already approved for 410 apartments. Councilperson Mollenhoff stated that he does not support tabling. If there is going to be development, we need to proceed with it and correct things where they need to be corrected. Councilperson Jordan stated that there are people with water in their basements. If the proposed site plan amendment is approved, will we put a burden on homeowners, and will it require homeowners to tile their basements. April 6, 1998 Page 3 HEARINGS CONTINUED Councilperson Mollenhoff questioned if the site plan amendment is approved will the city be getting into a problem area. City Attorney Walsh stated that the council may be going down a road they might not want to go, and maybe the city should get answers to all the questions first. Councilperson Anders stated that he sees no reason to proceed until we get answers. Anders/Getty that the above motion be amended to table for one week. Ayes: Seven. Motion carried. Ayes: Seven. Motion carried. 110019 - Mollenhoff/Murphy that proof of publication of notice of public hearing on the proposal to vacate, sell and convey, a portion of right-of-way generally located near Westfield Avenue to Iowa Machinery and Supply for $1.00 and other valuable consideration, as published in the Waterloo Courier on March 30, 1998, be received and placed on file. Ayes: Seven. Motion carried. 110020 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Collier 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: Seven. Motion carried. 110021 - Collier/Murphy that "an Ordinance vacating a portion of right-of-way generally located near Westfield Avenue", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 110022 - Mollenhoff/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 110023 - Collier/Mollenhoff that "an Ordinance vacating a portion of right-of-way generally located near Westfield Avenue", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4287. 110024 - Jordan/Collier that "Resolution authorizing the sale and conveyance of a portion of right-of-way generally located near Westfield Avenue, to Iowa Machinery and Supply for $1.00 and other valuable consideration", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-167. 110025 - Krizek/Murphy that proof of publication of notice of public hearing on the proposal to sell and convey to Iowa Machinery and Supply a portion of right-of-way generally located near Westfield Avenue, for $1.00 and other valuable consideration, as published in the Waterloo Courier on March 30, 1998, be received and placed on file. Ayes: Seven. Motion carried. April 6, 1998 Page 4 HEARINGS CONTINUED 110026 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Mollenhoff that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 110027 - Mollenhoff/Collier that "Resolution authorizing the sale and conveyance of a portion of right-of-way generally located near Westfield Avenue, to Iowa Machinery and Supply for $1.00 and other valuable consideration", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-168. 110028 - Anders/Jordan that proof of publication of notice of public hearing on the proposal to sell and convey excess right-of-way generally located in Hagerman Place Addition to Kenneth E. Hart for $2,168.00, as published in the Waterloo Courier on March 25, 1998, be received and placed on file. Ayes: Seven. Motion carried. 110029 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Collier/Jordan that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 110030 - Mollenhoff/Jordan that "Resolution authorizing the sale and conveyance of excess right-of-way generally located in Hagerman Place Addition to Kenneth E. Hart for $2,168.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-169. 110031 - Mollenhoff/Krizek that proof of publication of notice of public hearing on the Fiscal Year 1999 Community Development Block Grant and HOME Programs, as published in the Waterloo Courier on March 30, 1998, be received and placed on file. Ayes: Seven. Motion carried. 110032 - This being the time and place of public hearing, the Mayor called for oral and written objections. Councilperson Murphy stated that KBBG Radio requested $10,000, and he thinks it is important that this funding request be included in the Community Development Block Grant Program. Mayor Rooff stated that the council received a letter from the Walnut Historic Neighborhood Association protesting that the CDBG program was not developed in compliance with the Citizen Participation Plan adopted October 15, 1996 by the Community Development Board. Jim Walsh, City Attorney, stated that he has not reviewed the rules with the Community Development Board and will do that before he comments on Walnut Historic Neighborhood Association's letter. Eric Johnson, Chairperson of the Community Development Board, stated that the Board was faced with the difficult task of allocating $1.8 million CDBG funds and $630,000 HOME funds. There were a lot of great programs that did not receive funding. For every dollar the CDBG program had to give out, there was a $2 request. Mr. Johnson stated that as a Board they held two public hearings and the subcommittee met numerous times. Mayor Rooff stated that the Prime Time Pass Programwill be funded through the Transit levy. April 6, 1998 Page 5 HEARINGS CONTINUED Marilyn Turner, Black Hawk County Center for Independent Living, stated that her organization was watching the council meeting on the night Mayor Rooff stated that the Prime Time Pass Program would be funded. Cedar Falls has committed $10,000 this year for the program. Mayor Rooff stated that he has spoken with Jeff Fitzpatrick of Big Brothers/Big Sisters and understands their disappointment. The city has youth funds and perhaps some funding can be found in the youth funding. Annette Swann, representing the Walnut Historic Neighborhood Association, stated that the association was promised $270,000 for neighborhood improvement projects for each of three years while still receiving preference for housing rehabilitation from other block grant programs and she does not believe they are near the promised amount. Ms. Swann asked that the council take another look at their request which is for lights and rehabilitation. The association looked at this as a public safety issue and wanted to put up lights in the neighborhood. The neighborhood is having a hard time getting people to move into the area. Gale Quirk stated that she read the figures in the published notice in the newspaper. Ms. Quirk questioned the $500,000 for administration costs. Mayor Rooff responded that administrative costs are up $60,000 this year to fund the neighborhood service division that is being proposed by this administration. The neighborhood services division would be a one-stop shop to handle neighborhood concerns. Eric Johnson stated that if the administrative costs are not paid with CDBG funds, they will have to come out of the city's funds. Eric Johnson stated that $800,000 is earmarked for Rehabilitation, and that the selective neighborhoods rise to the top. David Gross, MET Transit Board, thanked the council for the Prime Pass Program. Ernie Boykin, Community Enable, 527 Cottage Street, thanked the Community Development Board which has the difficult task of trying to determine where the money goes. Ms. Boykin reminded the council that the money they have is tax dollars returned to the community. Ms. Boykin is concerned that the movement is toward housing. KBBG Radio is located on the east side on Newell Street. Two- thirds of the people using the station are non -African Americans using the station to get information. Ms. Boykin stated that Community Development should be just that, community development. At the hearing, Ms. Boykin recommended that Operation Threshold be shifted to other programs. Sue Brase, Secretary of Walnut Historic Neighborhood Association, stated that they do not feel the consolidated plan was developed with citizen input. The citizens do not have enough say. Ms. Brase does not feel the Community Development Block Grant Program was developed in compliance with the Citizen Participation Plan. She felt that the public was not made aware of the hearing process and that the city failed to publish proper notice of pubic hearing. Ms. Brase felt the notices published in the paper were too small of print. Ms. Brase stated that Community Development is suppose to notify applicants why they are turned down, and she does not believe this is happening. Mayor Rooff stated that the city will try to do a better job to get the word out regarding procedures. The City Attorney will review Ms. Brase's concerns. Mayor Rooff stated that he supports Councilperson Murphy's request that KBBG Radio be awarded $10,000 in funding for equipment replacement. Councilperson Collier stated that he agrees with Councilperson Murphy that the city should fund KBBG's request for $10,000 funding. Jordan/Collier that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. April 6, 1998 Page 6 HEARINGS CONTINUED 110033 - Murphy/Collier that "Resolution authorizing submission of said funding requests to the Department of Housing and Urban Development with the amendment to include $10,000 funding for KBBG", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-170. 110034 - Getty/Murphy that proof of publication of notice of public hearing on the Municipal/Governmental Lease Purchase Agreement with Deere Credit, Inc., in the principal amount of $526,113.00 to pay costs of acquiring various items of turf management equipment for the City's golf courses and Parks Department, as published in the Waterloo Courier on March 27, 1998, be received and placed on file. Ayes: Seven. Motion carried. 110035 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Collier that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 110036 - Mollenhoff/Collier that "Resolution authorizing Municipal/Governmental Lease Purchase Agreement with Deere Credit, Inc., in the principal amount of $526,113.00 to pay costs of acquiring various items of turf management equipment for the City's golf courses and Parks department", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-171. UNFINISHED BUSINESS 110037 - Getty/Jordan that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $3,444,520.35 to Aspro, Inc. and Subsidiaries, of Waterloo, Iowa, in conjunction with the F.Y. 1998 Street Reconstruction Program, Contract No. 564, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-172. 110038 - Getty/Jordan that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $181,001.32 to Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa, in conjunction with F.Y. 1998 Sidewalk Repair Block Grant Program Zone 9, Contract No.540 be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-173. PETITIONS FROM PUBLIC 110039 - Krizek/Murphy that communication from Police Chief transmitting request of Waterloo Memorial Board to hold annual Memorial Day Parade on Monday, May 25, 1998 at 10:30 a.m. starting on W. 6th and Commercial Streets, west to Park Avenue, north on Park Avenue to Mulberry Street, east on Mulberry Street to E. 4th Street, and south on E. 4th Street to Commercial Street be received and placed on file and "Resolution approving said request", be adopted. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 1998-174. April 6, 1998 Page 7 PETITIONS FROM PUBLIC CONTINUED 110040 - Krizek/Murphy that communication from Police Chief transmitting request of Lee Ann Shaddox, Quakerdale Cedar Valley Race Director, to conduct Quakerdale Cedar Valley running, walking and wheeling road race at 8:00 a.m. Saturday, September 19, 1998 to begin and end at Central Intermediate track facility, be received, placed on file and approved. Ayes: Seven. 110041 - Krizek/Murphy that communication from Associate Engineer transmitting request of D & J Oil Co., Inc./Fix Tire Co. to place temporary signage at the following locations: NE corner of Broadway Street/Donald Street, Broadway Street facing west, SE corner of Broadway Street and Burton Avenue and SW corner of Donald Street and Burton Avenue in conjunction with the construction on Broadway Street and Donald Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-175. 110042 - Krizek/Murphy that communication from City Engineer transmitting request of Emerson Crane Rental, Inc. for a waiver for a concrete driveway to be located at 3488 Wagner Road, together with recommendation of approval, be received and placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-176. 11043 - Krizek/Murphy that communication from City Planner transmitting request of Bertch Cabinets Manufacturing Company to reduce the platted seventy-five feet building line along Texas Street in Bertch First Addition to the Zoning Ordinance minimum of twenty- five feet, be received, placed on file and "Resolution setting date of hearing as April 20, 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. 1998-177. 110044 - Krizek/Murphy that communication from Assistant City Planner transmitting site plan for Matcon for property generally located in "M -2,P" Planned Industrial District in the Northeast Industrial Park to construct 30,000 square foot building, be received, placed on file and "Resolution setting date of hearing as April 20, 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. 1998-178. 110045 - Krizek/Murphy that communication from Assistant City Planner transmitting site plan for Midwest Thermal for property generally located in "M -2,P" Planned Industrial District in the Northeast Industrial Park, be received, placed on file and "Resolution setting date of hearing as April 20, 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. 1998-179. 110046 - Krizek/Murphy that communication from City Planner transmitting request of Gary Murphy to sell and convey property known as 414-418 East 7th Street for $1.00 and other valuable consideration to relocate automotive repair shop, be received, placed on file and "Resolution setting date of hearing as April 27, 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. 1998-180. April 6, 1998 Page 8 PETITIONS FROM PUBLIC CONTINUED 110047 - Krizek/Murphy that communication from Assistant City Planner transmitting request of Scott Jordan to vacate, sell and convey a portion of the alley generally located behind Scott's Phillips 66 Convenience Store parallel to West 4th Street, 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 27, 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: Six. Abstain: Jordan. Resolution adopted and upon approval by Mayor assigned No. 1998-181. 110048 - Krizek/Murphy that communication from Associate Engineer transmitting request of Mike Kroeger, 2203 Regal Avenue, for a variance to Section 33-10 of the Waterloo Code of Ordinances to allow construction of a second driveway which would access Temple Avenue to the north, 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. 1998-182. DOCUMENTS 110049 - Mollenhoff/Jordan that communication from Administrative Director transmitting Completion of Project and Acceptance of Work performed by Cardinal Construction, Inc. of Waterloo, Iowa, in conjunction with Bar Screen Building, Water Pollution Control Facility, Contract No. 513, be received, placed on file and "Resolution approving said document", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-183. 110050 - Mollenhoff/Jordan that communication from Recreation and Arts Director transmitting application to the Iowa Arts Council for funds in the amount of $750.00 for Rooftop Jazz and Blues, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-184. 110051 - Mollenhoff/Jordan that communication from City Engineer transmitting Sanitary Sewer Construction Plans for property generally located west of the dead end of Belle Street west of Ruby Drive, as submitted by Van Winkle -Jacob Engineering, Inc., of Cedar Falls, Iowa, and Treatment Agreement DNR Form 29 (Dec86) with the Department of Natural Resources, subject to final acceptance by the Department of Natural Resources, be received, placed on file and "Resolution approving said plans and agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-185. 110052 - Mollenhoff/Jordan that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $3,444,520.35 from Aspro, Inc. & Subsidiaries of Waterloo, Iowa, in conjunction with F.Y. 1998 Street Reconstruction Program, Contract No. 564, 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. 1998-186. April 6, 1998 Page 9 DOCUMENTS CONTINUED 110053 - Mollenhoff/Jordan that communication from Associate Engineer transmitting Bonds and Certificates of Insurance in the amount of $181,001.32 from Concrete & Masonry, Inc. of Waterloo, Iowa, in conjunction with Sidewalk Repair Block Grant Program --Zone 9, Contract No. 540, be 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. 1998-187. 110054 - Mollenhoff/Jordan Contracts, Mike Dolan F.Y. 1998 received, be adopted that communication from City Planner transmitting a Community Economic Betterment Account (CEBA) Agreement with the Iowa Department of Economic Development for a loan to Waterloo Industries in the amount of $414,000 ($207,000 forgivable loan and $207,000 loan) which requires Waterloo Industries to retain 130 jobs and create 13 new jobs, 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. 1998-188. 110055 - Mollenhoff/Jordan that "Resolution appointing Norwest Bank Iowa, National Association of Des Moines, Iowa, to serve as Paying Agent, Registrar, and Transfer Agent, approving the Paying Agent and Registrar and Transfer Agent Agreement for $665,000 General Obligation Loan Notes, Series 1998 and authorizing the execution of the agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-189. 110056 - Mollenhoff/Jordan that the Tax Exemption Certificate for $665,000 General Obligation Capital Loan Notes, Series 1998, be received, placed on file and approved. Ayes: Seven. Motion carried. 110057 - Mollenhoff/Jordan that "Resolution authorizing loan agreement and issuance of $665,000 General Obligation Capital Loan Notes, Series 1998, and levying a tax to pay the notes using fees from airport hangar lease", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-190. RESOLUTIONS TO BE ADOPTED 110058 - Anders/Krizek that "Resolution approving Plumbing Permit Fees", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-191. 110059 - Anders/Krizek that "Resolution supporting the completion of U.S. Highway 20 as a four -lane highway from Dubuque, Iowa to Sioux City, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-192. April 6, 1998 Page 10 RESOLUTIONS TO BE ADOPTED CONTINUED 110060 - Anders/Krizek that "Resolution fixing date of hearing as April 27, 1998 at 7:00 p.m. in the City Hall Council Chambers on the proposition of the issuance of $3,520.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs for street construction, construction and repair of sidewalks and bridges, construction and equipping of works and facilities used for collection and disposal of surface waters and streams, installation and repair of traffic control devices, improvement to existing parks, improvement of waterways, real and personal property useful for protection of property situated within corporate limits of the city from floods or high water and equipping street, park, police and fire departments", be adopted and City Clerk instructed to publish notice of the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-193. 110061 - Anders/Krizek that "Resolution fixing date of hearing as April 27, 1998 at 7:00 p.m. in the city Hall Council Chambers on the proposition of the issuance of not to exceed $695,000 General Obligation Bonds for General Corporate Purpose to pay costs for construction and remodeling of city buildings and facilities, renovation of Five Sullivan Brothers Center, Carnegie Annex and the Veterans Memorial Hall and Riverview Park developments", be adopted and City Clerk instructed to publish notice of the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-194. 110062 - Anders/Krizek that "Resolution fixing date of hearing as April 27, 1998 at 7:00 p.m. in the City Hall Council Chambers on the proposition of the issuance of not to exceed $485,000 of General Obligation Bonds for General Corporate Purpose to pay costs for repairs to East and West Parking Ramps, construction or reconstruction of buildings and facilities for compliance with American Disabilities Act, computer system replacements and Cedar riverfront improvements", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-195. 110063 - Anders/Krizek that "Resolution fixing date of hearing as April 27, 1998 at 7:00 p.m. in the City Hall Council Chambers on the proposition of the issuance of not to exceed $300,000 of General Obligation Bonds for General Corporate Purpose to pay costs for golf course improvements, ICN classroom construction and equipping of Public Library, improvements to Recreation Center, swimming pool renovation and equipping of Building Inspection and facility maintenance departments", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-196. 110064 - Anders/Krizek that communication from City Planner transmitting Development Agreement with R & N Investments to deed for $1.00 Lot 10 in Northeast Industrial Park Plat No. 2 to build a 30,000 square -foot plastic pallets manufacturing facility, with industrial tax rebates for five years, be received, placed on file and "Resolution setting date of hearing as April 20, 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. 1998-197. April 6, 1998 Page 11 RESOLUTIONS TO BE ADOPTED CONTINUED 110065 - Anders/Krizek that communication from City Planner transmitting a Development Agreement with Midwest Thermal Insulation, Inc. to deed for $1.00 the south 227 feet of Lot No. 2 in the Northeast Industrial Park Plat No. 1 to build a 7,000 square foot manufacturing distribution facility, with tax rebates for five years, be received, placed on file and "Resolution setting date of hearing as April 20, 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. 1998-198. 110066 - Anders/Krizek that communication from Main Street Waterloo Program Manager transmitting a Development Agreement with Willey Brothers to deed for $1.00 property formerly known as the Klinefelter Livery located at 229 East Park Avenue to renovate the building consisting of approximately 26,000 square feet, with tax rebates for seven years, be received, placed on file and "Resolution setting date of hearing as April 27, 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. 1998-199. 110067 - Anders/Krizek that "Resolution fixing date of hearing as April 20, 1998 at 7:00 p.m. in the City Hall Council Chambers on vacation, sale and conveyance of a portion of Water Street generally located between East 4th and East 5th Streets and the abutting alley within Lot 10 to Waterloo Industries for $1.00 and other valuable consideration", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-200. 110068 - Anders/Krizek that "Resolution fixing date of hearing as April 27, 1998 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of 1428, 1500, and 1502 Washington Street to the Waterloo Community School District for $1.00 and other valuable consideration", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-201. 110069 - Anders/Krizek that "Resolution approving the deed and approving total acquisition contract payment for Parcel No. 1502 (Eduardo Lopez) in the amount of $29,723.00 in conjunction with 218 Corridor Enhancements", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-202. 110070 - Anders/Krizek that "Resolution authorizing to proceed with condemnation of 312.5 square feet permanent easement and 700 square feet temporary construction easement for property owned by Cennex Inc. in conjunction with W.C.F.&N. Sewer Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-203. April 6, 1998 Page 12 ORDINANCES TO BE ADOPTED 110071 - Jordan/Mollenhoff that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 307 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second time. Prior to a vote on the above motion, the following comments were heard. Councilperson Krizek stated that residents asked her to check the developer's references. City staff has checked John Foley's projects in Nebraska and Kansas and have found that he is a very nice person and a welcome addition to their communities. Randy Herod, 1278 W. Mullan Avenue, stated that the city should show their confidence in this project and suspend the rules and go ahead with this project. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 110072 - Getty/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 18, Heating, Air Conditioning and Ventilation and any other ordinances regarding Heating, Air Conditioning and Ventilation; and enacting in lieu thereof a new Chapter 18, Heating, Air Conditioning and Ventilation (Adoption of the Waterloo Mechanical Code)", be received, placed on file, considered and passed for the third time. Ayes: Seven. 110073 - Murphy/Krizek that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 18, Heating, Air Conditioning and Ventilation and any other ordinances regarding Heating, Air Conditioning and Ventilation; and enacting in lieu thereof a new Chapter 18, Heating, Air Conditioning and Ventilation (Adoption of the Waterloo Mechanical Code)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 1998-4288. BILLS PAYMENT 110074 - Jordan that "Resolution approving Schedule AP640, pp. 1-51 dated April 6, 1998 in the amount of $1,263,472.03 a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1998-204. NEW BUSINESS 110075 - Krizek/Jordan to instruct City Planner to prepare plans, specifications, form of contract, estimated cost, etc. in conjunction with F.Y. 1998 Demolition of Waterloo Industries Site --Phase 1, Contract No. 573, be received, placed on file and approved. Ayes: Seven. Motion Carried. 110076 - Jordan/Murphy that plans, specifications, form of contract, etc. in conjunction with F.Y. 1998 Demolition of Waterloo Industries Site --Phase 1, Contract No. 573, be received and placed on file. Ayes: Seven. Motion Carried. 110077 - Krizek/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. 1998-205. April 6, 1998 Page 13 NEW BUSINESS CONTINUED 110078 - Anders/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, estimated costs, etc. and taking of bids as April 20, 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. 1998-206. 110079 - Mollenhoff/Jordan that communication from Mayor John R. Rooff transmitting recommendation of reappointment of Eric Johnson and Elsie Duncan to the Community Development Board effective immediately with term expiration of March 01, 2001, be received, placed on file and approved. Ayes: Seven. Motion carried. 110080 - Anders/Collier that communication from Mayor John R. Rooff transmitting recommendation of the following appointments to the Waterloo Commission on Human Rights effective immediately: Ron Dixon to replace Val Martin, with term to expire January 1, 2001; Leila Granger to replace Bennie Walker, with term to expire January 1, 1999, and reappointment of Harris Ceasar, with term to expire January 1, 2000, be received, placed on file and approved. Ayes: Seven. Motion carried. TRAVEL REQUESTS 110081 - Krizek/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Sang -Ki Han, Assistant City Attorney, to attend Government Practice Section Seminar in Des Moines, Iowa, on May 8, 1998 with costs not to exceed $157.50. 2. Robert Ball, Chief Building Inspector, to attend 1997 UBC Update Seminar (IABD) for Nonstructural Update in Cedar Rapids, Iowa, on April 29, 1998, with costs not to exceed $130.00, including the use of city vehicle. 3. John Kehoe, Chief Electrical Inspector, to attend Iowa Chapter International Association of Electrical Inspectors --60th Annual Education & Business Meeting in Cedar Rapids, Iowa, on April 16-17, 1998 with costs not to exceed $175.00, including the use of city vehicle. 4. Nancy Eckert, City Clerk, to attend Municipal Clerk's Institute in Ames, Iowa, on July 13-17, 1998, with costs not to exceed $530.00. 5. Richard Grimm, Superintendent of Sanitation and Recycling, to attend ISOSWO Spring Conference in Muscatine, Iowa, on April 29-30, 1998 with costs not to exceed $361.90. 6. Mayor John R. Rooff, Bruce Meisinger, Finance Director, and Tunis Den Hartog to attend Bond Rating Presentation to Moody's Investor Services in New York, New York; on April 131-15, 1998 with costs not to exceed $1,900.00 per person. Ayes: Seven. Motion carried. MISCELLANEOUS 110082 - Getty/Murphy that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer/Liquor License Permit Application Class A Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/14/99) Includes Sunday Sales) April 6, 1998 Page 14 MISCELLANEOUS CONTINUED 2. Beer License Permit Application Class B Waterloo Women's Softball, Exchange Park (Seasonal from 4/25/98 to 10/25/98) (Includes Sunday Sales) 3. Beer License Permit Application Class C Triple J. Mart, 1807 LaPorte Road (Renewal) (Expires 4/8/99) (Includes Sunday Sales) 4. Beer/Liquor License Permit Application Class C Flirts, 319 Jefferson Street (Renewal) (Expires 4/30/99) (Includes Sunday Sales) Loading Dock, 1435 Sycamore Street (Renewal) (Expires 4/17/99) (Includes Sunday Sales) A.J.'s Eatery & Spirits, 1415 E. San Marnan Dr. (New) (Expires 4/18/99) (Includes Sunday Sales) 5. Application for Outdoor Service Area Sunnyside Country Club, 1600 Olympic Drive (from 4/14/98 to 4/14/99) Waterloo Women's Softball, Exchange Park (Seasonal from 4/25/98 to 10/25/98) 6. Fireworks Display Application Trinity Episcopal Parish, 4535 Kimball Avenue - April 11, 1998 Ayes: Seven. Motion carried. BONDS 110083 - Mollenhoff/Collier that the report of the City Attorney and list of bonds filed with the City Clerk through April 6, 1998, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 11084 - Jim Porter thanked the council for considering and approving the $10,000 grant to KBBG Radio. Councilperson Anders stated that Tuesday, April 7, 1998 is an important day in our community with the school bond referendum. He urged all registered voters to get out and vote. Mayor Rooff stated that the Cedar Valley Summit will be held on April 17-18, 1998 at the Five Sullivan Brothers Convention Center. He urged everyone to attend and get involved. Getty/Collier that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 110085 - Collier/Jordan that the Council adjourn at 9:33 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk