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HomeMy WebLinkAboutMinutes-08/13/2001• August 13, 2001 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, August 13, 2001. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Dan Phillips, Allen Memorial Hospital Care and Christian Fellowship Baptist Church. Pledge of Allegiance: Councilperson Bill Gronen. 115673 - Krizek/Jordan that the Agenda, as proposed, for the Regular Session on Monday, August 13, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 115674 - Jordan/Gronen that the Minutes, as proposed, for the Regular Session on Monday, August 6, 2001, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. HEARINGS 115675 - Krizek/Murphy that proof of publication of notice of public hearing on vacation of a portion of the 20 foot sanitary sewer and drainage easement and dedication of new portion of easement generally located at the northern side of 4416 Reflection Lane, as published in the Waterloo Courier on August 2, 2001, be received and placed on file. Ayes: Seven. Motion carried. 115676 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Berry/Getty 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. 115677 - Jordan/Murphy that "an Ordinance vacating a portion of the 20 foot sanitary sewer and drainage easement generally located at the northern side of 4416 Reflection Lane", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 115678 - Murphy/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 115679 - Jordan/Krizek that "an Ordinance vacating a portion of the 20 foot sanitary sewer and drainage easement generally located at the northern side of 4416 Reflection Lane", be considered and passed for the second and third times and adopted. Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 4497. 115680 - Murphy/Jordan that "Resolution dedicating a sanitary sewer and drainage easement generally located at the northern side of 4416 Reflection Lane", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2001-417. UNFINISHED BUSINESS 115681 - Anders/Murphy that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $29,777.65 to Borwig Building Services, Inc., of Waterloo, Iowa, in conjunction with F.Y. 2001 Sidewalk Repair Block Grant Program—Zone 1, Contract No. 632, 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. 2001-418. August 13, 2001 Page 2 PETITIONS FROM PUBLIC 115682 - Anders/Murphy that communication from Senior Planner transmitting request of Scott Buchan to rezone from "R-2" One and Two Family Residence District to "R -2,C -Z" Conditional One and Two Family Residence District property generally located at 903 Wisconsin Street to allow for an automotive audio and accessory installation operation, 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 4, 2001, at 5:30 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. 2001-419. 115683 - Anders/Murphy that communication from Chief of Police transmitting request of KBBG Radio to hold annual parade on August 18, 2001, at 10:00 a.m. beginning at East 4th & Donald Streets, proceeding on East 4th to Sumner Streets, Sumner to Beech Streets, and disbanding at Ferguson -Fields Park be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-420. 115684 - Anders/Murphy that communication from City Engineer transmitting request of Betty R. Mether for a waiver for a concrete driveway to be located at 1022 Calhoun 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. 2001-421. 115685 - Anders/Murphy that communication from City Engineer transmitting request of Lonnie Youngblood for a waiver for a concrete driveway to be located at 247 Elm Drive, 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. 2001-422. 115686 - Anders/Murphy that communication from Senior Planner transmitting request of Abacus Partnership on behalf of Short's Travel to rezone from "R-3" Multiple Residence District to "R-4" Multiple Residence District property generally located at the southwest corner of Dixon Drive and Russell Road to allow for a stand-alone 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 September 4, 2001, at 5:30 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. 2001-423. 115687 - Anders/Murphy that communication from Senior City Planner transmitting request of Nicklos and Leandra Andersen to vacate, sell and convey a portion of the alley generally located behind property at 915 West 4th Street to allow resurfacing of parking area, 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 4, 2001, at 5:30 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. 2001-424. • • August 13, 2001 DOCUMENTS 115688 - Krizek/Jordan • • Page 3 that communication from Chief of Police transmitting 28E Agreement with Black Hawk County, cities of Cedar Falls, Evansdale, Hudson, LaPorte City, Dunkerton and Gilbertville in conjunction with the Consolidated Public Safety Communications Center be received, placed on file and "Resolution approving said 28E Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-425. 115689 - Krizek/Jordan that communication from Associate Planner transmitting application for Jerry Hahn for tax exemptions on improvements totaling $29,750.00 for property located at 1123 Upton Avenue in the Consolidated Urban Revitalization Area Plan, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-426. 115690 - Krizek/Jordan that communication from Associate Planner transmitting application for Dianne Van Gorder for tax exemptions on improvements totaling $12,878.80 for property located at 1621 Williston Avenue in the Consolidated Urban Revitalization Area Plan, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-427. 115691 - Krizek/Jordan that communication from City Planner transmitting Federal Financial Assistance Application Kit and SF424 Form for Brownfields Cleanup Revolving Loan (BCRLF) in the amount of $1,000,000.00 with the U.S. Environmental Protection Agency (EPA) in conjunction with Rath Area Redevelopment Area be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-428. 115692 - Krizek/Jordan that communication from City Planner transmitting Change Order No. 1 for a net increase in the amount of $10,503.00 for work to be performed by Howard R. Green Company of Cedar Rapids, Iowa, in conjunction with Brownfields Assessment Demonstration Pilot be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 115693 - Krizek/Jordan that communication from Assistant City Engineer transmitting construction plans for paving alley between North Barclay and Jackson Streets and Shilliam and Oneida Streets, together with recommendation of approval, be received, placed on file and "Resolution approving said construction plans", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-429. 115694 - Krizek/Jordan that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $29,777.65 from Borwig Building Services, Inc., of Waterloo, Iowa, in conjunction with F.Y. 2001 Sidewalk Block Grant Repair Program—Zone 1, Contract No. 632, 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. 2001-430. August 13, 2001 Page 4 DOCUMENTS CONTINUED 115695 - Krizek/Jordan that communication from Building Official transmitting one-year agreement with Cue's Janitorial Services to provide cleaning services for City Hall and the Carnegie Annex be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-431. 115696 - Krizek/Jordan that communication from Superintendent of Waste Management Services transmitting Change Order No. 13 for a net increase in the amount of $20,103.00 for work to be performed by Fagen, Inc., of Fargo North Dakota, in conjunction with Waterloo Easton Avenue Water Pollution Control Facilities, Contract No. 549, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Berry stated that she brought up her concerns at tonight's Public Works Committee meeting. Councilperson Berry stated that the point is we are getting change orders, and she has a problem with awarding to low bidder, then having change orders. Mayor Rooff stated that change orders are for work not previously identified in the project, and we try to keep change orders with 5 percent of the original project cost. Tim Shea, Superintendent of Waste Management Services, stated that with this change order the total of all change orders for this project is 1.35 percent of the original contract price and results in a new contract price of $19,347,618.00. Councilperson Getty stated that quite often contractors bid on certain projects and then something unforeseen comes up. Mayor Rooff commented that most change orders are not driven by the contractors. Mayor Rooff stated that the change orders for this project are reviewed by Engineering, the Partnering Group, council committees and then comes to the full council. Councilperson Anders stated this change order is actually six different items in one change order. Councilperson Anders stated that Mr. Shea and his group scrutinizes the consultant and does a good job questioning why we have to have these change orders. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 115697 - Gronen/Krizek that "Resolution naming private street generally located south of Maxhelen Boulevard and east of Reflection Lane as Vintage Lane", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-432. 115698 - Gronen/Krizek that communication from Senior Planner transmitting request of U.S. Cellular on behalf of Waterloo Church of Christ to dedicate 60 feet by 60 feet right-of-way generally located along the northeastern dead-end of Hyperion Drive for the purpose of creating a cul-de-sac/turn around be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-433. • • August 13, 2001 • • ORDINANCES TO BE ADOPTED 115699 - Getty/Gronen Page 5 that "an Ordinance adding Subsection B3 to Section 5-2-6, Discharging Weapons, of Chapter 2, General Offenses, of Title 5, Police Regulations, of the Code of Ordinances of the City of Waterloo, Iowa (allow Health Department technicians to utilize pellet rifle to control burrowing animals on flood dike system from May 15t through October 1st)", 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 Anders stated that he received a telephone call from a professional wild life/pest control man who questioned who is the technician who does the shooting, and he is concerned about shooting them. This gentleman traps the animals and then euthanizes them with gas, and with skunks there is a syringe pole. Councilperson Anders stated it seems to him to be a bad ordinance. Councilperson Jordan stated he would like to look at all ordinances relating to shooting as we currently have an ordinance that allows the use of bows and arrows. Councilperson Jordan stated he would like to revisit all the ordinances. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Anders, Berry. Motion carried. BILLS PAYMENT 115700 - Krizek that "Resolution approving Schedule AP640, pp. 1-99, dated August 13, 2001, in the amount of $1,836,169.68, 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. 2001-434. NEW BUSINESS 115701 - Berry/Jordan that communication from Acting Fire Chief transmitting recommendation to accept bid and contract from Clarey's Safety Equipment of Rochester, Minnesota, in the amount of $335,000.00 in conjunction with purchase of Rescue Pumper be received, placed on file and "Resolution approving award of said bid and contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-435. 115702 - Jordan/Anders that "Preliminary Resolution approving construction of sidewalk improvements in conjunction with the F.Y. 2001 Sidewalk Repair Assessment Program -Zone 1, Contract No. 633", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-436. 115703 - Getty/Berry that "Resolution fixing value of lots in conjunction with the F.Y. 2001 Sidewalk Repair Assessment Program -Zone 1, Contract No. 633", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-437. 115704 - Jordan/Murphy that "Resolution adopting preliminary plat and schedule of assessments and estimate of costs in conjunction with the F.Y. 2001 Sidewalk Repair Assessment Program -Zone 1, Contract No. 633", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-438. August 13, 2001 Page 6 NEW BUSINESS CONTINUED 115705 - Anders/Murphy that "Resolution of Necessity setting date of hearing on F.Y. 2001 Sidewalk Repair Assessment Program -Zone 1, Contract No. 633, as September 4, 2001, at 5:30 p.m. in the City Hall Council Chambers", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-439. 115706 - Jordan/Krizek to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2001 Sidewalk Repair Assessment Program -Zone 1, Contract No. 633, be received, placed on file and approved. Ayes: Seven. Motion carried. 115707 - Jordan/Murph,y that plans, specifications, form of contract, etc. in conjunction with F.Y. 2001 Sidewalk Repair Assessment Program -Zone 1, Contract No. 633, be received and placed on file. Ayes: Seven. Motion carried. 115708 - Murphy/Gronen that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-440. 115709 - Anders/Krizek that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 4, 2001, at 5:30 p.m. in the City Hall Council Chambers and taking of bids 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. 2001-441. 115710 - Krizek/Jordan that communication from Assistant City Planner transmitting request to vacate property generally located at the northwest corner of West 4th Street and Shaulis Road, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 27, 2001, at 5:30 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. 2001-442. 115711 - Krizek/Jordan that communication from Senior Planner transmitting amendment to Zoning Ordinance as it pertains to the height of fences in front of houses, be received, placed on file and "Resolution setting date of hearing as September 4, 2001, at 5:30 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. 2001-443. 115712 - Krizek/Jordan that communication from Superintendent of Streets transmitting request to seek bids for treated rock salt be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-444. • • August 13, 2001 TRAVEL REQUESTS 115713 - Krizek/Jordan • 1 Page 7 that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Robert Greenlee III, School Resource Officer, to attend National Association of School Resource Officers certification course in St. Louis, Missouri, on August 12-17, 2001, with costs not to exceed $1,060.00, including use of city vehicle. 2. John Kehoe, Chief Electrical Inspector, to attend 2001 Western Section Annual Meeting in Jackson Hole, Wyoming, on September 15-19, 2001, with costs not to exceed $1,610.00. 3. Lou Ball, Firefighter, to attend Injury Control Conference in San Diego, California, on September 1-7, 2001, with costs not to exceed $1,583.00. 4. S. Maureen Newbill, Business and Marketing Manager, to attend IMA/SPC Meeting in Sioux City, Iowa, on August 19-20, 2001, with costs not to exceed $125.00. Prior to a vote on the above motion, the following comments were heard. Councilperson Anders stated that he objects to the travel requests for the School Resource Officer, Chief Electrical Inspector and Firefighter as they are too expensive. Councilperson Anders stated that he would like to put a moratorium on all travel except for those for education and training purposes. Councilperson Krizek stated that the travel requests were approved by the Finance Committee on August 6, 2001, as the committee was told by Department Heads that these are necessary for education and training purposes. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Anders for Numbers 1-3. Ayes: Seven for Number 4. Motion carried. MISCELLANEOUS 115714 - Getty/Berry 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 C Wader's Restaurant, 2790 Livingston Lane (Renewal) (Expires 8/14/02) (Includes Sunday Sales) Wishbone, Inc., 201-205 W. 18th Street (Renewal) (Expires 9/14/02) (Includes Sunday Sales) Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/22/02) (Includes Sunday Sales) Ayes: Seven. Motion carried. BONDS 115715 - Jordan/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through August 13, 2001, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 115716 - Jordan/Berry that the Council adjourn at 6:07 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk