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HomeMy WebLinkAboutMinutes-06/25/2001• June 25, 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, June 25, 2001. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Getty. Absent: Gronen, Berry. Invocation by: Reverend Richard Achey, Ridgeway Bethel Baptist Church. Pledge of Allegiance: Tim Shea, Superintendent of Waste Management Services. 115456 - Jordan/Murphy that the Agenda, as amended to amend Item 22, for the Regular Session on Monday, June 25, 2001, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Gronen, Berry. Motion carried. 115457 - Murphy/Jordan that the Minutes, as proposed, for the Regular Session on Monday, June 18, 2001, at 5:30 p.m. be accepted and approved. Ayes: Five. Absent: Gronen, Berry. Motion carried. HEARINGS AND BIDS 115458 - Jordan/Murphy that proof of publication of notice of public hearing on F.Y. 2001 Asphalt Overlay Program, Contract No. 634, as published in the Waterloo Courier on June 18, 2001, be received and placed on file. Ayes: Five. Absent: Gronen, Berry. Motion carried. 115459 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Krizek that the hearing be closed and oral and written comments be received and placed on file. Ayes: Five. Absent: Gronen, Berry. Motion carried. 115460 - Murphy/Jordan that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2001 Asphalt Overlay Program, Contract No. 634", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-316. 115461 - Getty/Jordan that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No 2001-317. 115462 - Jordan/Getty to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Aspro, Inc. & Subsidiaries, Waterloo, IA Bid Bond Total Bid 5% $1,001,750.79 Ayes: Five. Absent: Gronen, Berry. Motion carried. UNFINISHED BUSINESS 115463 - Anders/Getty that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $89,525.00 to Rampart Corporation of Waterloo, Iowa, in conjunction with F.Y. 2001 Virden Creek Dam and Channel Repairs, Contract No. 626, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-318. June 25, 2001 Page 2 UNFINISHED BUSINESS CONTINUED 115464 - Anders/Getty that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $122,326.23 to Bowers Masonry, Inc., of Waterloo, Iowa, in conjunction with F.Y. 2001 Sidewalk Repair Program—Zone 1 and Greenhill Road Recreational Trail Repair, Contract No. 631, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-319. 115465 - Anders/Getty that communication from Associate Engineer transmitting acceptance of bid .in the amount of $363,749.99 from Weichers Construction of Cedar Falls, Iowa, in conjunction with Sergeant Road -Cedar Prairie Trail Connection, Project No. RT- MSRT(51)-9H-07, Contract No. 637, be received, placed on file and "Resolution approving acceptance of said bid", be adopted and refer back to the City of Cedar Falls for further action. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-320. PETITIONS FROM PUBLIC 115466 - Anders/Jordan that communication from City Engineer transmitting request of David Damm for a waiver for a concrete driveway to be located at 235 Lewis Street, together with recommendation of approval, be received, placed on filed and "Resolution approving said request", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-321. 115467 - Anders/Jordan that communication from City Engineer transmitting request of Grant L. Price for a waiver for an asphalt driveway to be located at 165 Berkshire Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-322. 115468 - Anders/Jordan that communication from City Engineer transmitting request of Debra A. Mattix for a waiver for an asphalt driveway to be located at 719 Creston Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-323. 115469 - Anders/Jordan that communication from City Engineer transmitting request of Clatterie Thomas for a waiver for an asphalt driveway to be located at 222 Mohawk Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-324. 115470 - Anders/Jordan that communication from City Engineer transmitting request Leininger for a waiver for an asphalt driveway to be located Avenue, together with recommendation of approval, be received, and "Resolution approving said request", be adopted. Ayes: Gronen, Berry. of Arlene G. at 1742 Seneca placed on file Five. Absent: Resolution adopted and upon approval by Mayor assigned No. 2001-325. PETITIONS FROM PIC CONTINUED June 25, 2001 • Page 3 PETITIONS FROM PUBLIC CONTINUED 115471 - Anders/Jordan that communication from Assistant City Planner transmitting request of Waterloo Community School District to sell and convey a portion of parkland adjacent to Grant School for $1.00 be received, placed on file and "Resolution setting date of hearing as July 9, 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: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-326. 115472 - Anders/Jordan that communication from City Clerk transmitting request of Shad's Place, 1607 Sycamore Street, for a variance to the Noise Ordinance on July 7, 2001, from Noon until 11:00 p.m. in conjunction with bands playing in the west side parking lot in celebration of the Fourth of July holiday, together with recommendation of approval of Police Chief, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-327. 115473 - Anders/Jordan that communication from City Clerk transmitting request of Broosters, 3555 University Avenue, for a variance to the Noise Ordinance on July 3, 14, 21, 28, August 3, 11, 18, 25 and September 2, 2001, from 8:00 p.m. to midnight in conjunction with live band playing in the beer garden west of the building, together with recommendation of Police Chief to approve from 8:00 p.m. to 11:00 p.m., be received, placed on file and "Resolution approving said variance from 8:00 p.m. to 11:00 p.m.", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-328. DOCUMENTS 115474 - Krizek/Murphy that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $89,525.00 from Rampart Corporation of Waterloo, Iowa, in conjunction with F.Y. 2001 Virden Creek Dam and Channel Repairs, Contract No. 626, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Dennis Gentz, Assistant City Engineer, stated that Jack Fellenzer, Contract Compliance Officer, reported that Rampart Corporation provided a Pre -Bid Contact Information Form showing that 11 MBE/WBE firms had been contacted. The only response was from Pauline Corp. in the amount of $1,000.00 for seeding, and, therefore, the percentage of MBE participation is 1.2 percent. Mr. Fellenzer reported that the WBE goal of 1 percent and the MBE goal of 5 percent for this contract was not met. Mr. Fellenzer feels that due to the lack of response from the MBE/WBE contractors contacted by Rampart that Rampart made a "good faith effort" to include ME/WBE contractors in the contract, and Rampart met the requirements of the current MBE/WBE Contract Compliance Program. Following comments a vote was taken on the above motion, with the following result. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-329. 115475 - Krizek/Murphy that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $122,326.23 from Bowers Masonry, Inc., of Waterloo, Iowa, in conjunction with F.Y. 2001 Sidewalk Repair Program— Zone 1 and Greenhill Road Recreational Trail Repair, Contract No. 631, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. June 25, 2001 Page 4 DOCUMENTS CONTINUED Dennis Gentz, Assistant City Engineer, stated that Jack Fellenzer, Contract Compliance Officer, reported that Bowers Masonry, Inca provided a Pre -Bid Contact Information Form showing that two MBE/WBE firms had been contacted. No MBE or WBE participation was noted on the form. No written quotes were received from any of the MBE/WBE contractors contacted by Bowers Masonry. Mr. Fellenzer reported that the WBE goal of 1 percent and MBE goal of 5 percent of this contract was not met. Mr. Gentz stated that Bowers Masonry is doing all but two of the bid items, seed, fertilize and much, and temporary access road. Mr. Fellenzer feels that Bowers Masonry has made a "good faith effort" to include local MBE/WBE contractors in the contract, and that Bowers Masonry has met the requirements of the current MBE/WBE Contract Compliance Program. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-330. 115476 - Krizek/Murphy that communication from City Planner transmitting access agreement with Lockard Development in conjunction with sale of property generally located behind the fire station on San Marnan Drive be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-331. 115477 - Krizek/Murphy that communication from Chief Financial Officer transmitting agreement with Hogan - Hansen, PC, CPAs to provide audit services for the three year period ending June 30, 2003, at a cost of $164,700.00 be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-332. RESOLUTIONS TO BE ADOPTED 115478 - Jordan/Anders that communication from City Clerk transmitting request to certify to property taxes certain unpaid sewer and garbage fees be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-333. 115479 - Jordan/Anders that "Resolution transferring the amount of $1,477,780.00 from the Trust and Agency Fund to the General Fund", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-334. 115480 - Jordan/Anders that "Resolution setting rates for Leisure Services activities", be adopted. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-335. ORDINANCES TO BE ADOPTED 115481 - Jordan/Murphy that "an Ordinance extending boundaries for the Consolidated Urban Revitalization Area (CORA)", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Gronen, Berry. Motion carried. June 25, 2001 BILLS PAYMENTS 115482 - Krizek • Page 5 that "Resolution approving Schedule AP640, pp. 1-69, dated June 25, 2001, in the amount of $2,448,922.89, 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: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-336. NEW BUSINESS 115483 - Jordan/Murphy that communication from City Planner transmitting amendment to the Downtown Waterloo Urban Renewal and Redevelopment Plan be received, placed on file and "Resolution setting date of hearing as July 23, 2001, at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Gronen, Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-337. 115484 - Krizek/Jordan that communication from Mayor Rooff transmitting reappointment of the following to the Cultural and Arts Commission: Don Singer, Liz Petersen and Mary Ann Burk, with term expiration date of March 1, 2003; Steven Showers and Mike Broshar, with term expiration date of March 1, 2004; and appointment of Susie Heaton, with term expiration date of March 1, 2002; Tom Langlas and Karol Rae Hoth with term expiration date of March 1, 2003; and Dale G. Phelps with term expiration date of March 1, 2004, be received, placed on file and approved. Ayes: Five. Absent: Gronen, Berry. Motion carried. TRAVEL REQUESTS 115485 - Anders/Jordan that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Brian Krischke, Fair Housing Coordinator, to attend Fair Housing School in Philadelphia, Pennsylvania, on July 22-27, 2001, with costs not to exceed $2,005.00. Ayes: Five. Absent: Gronen, Berry. Motion carried. MISCELLANEOUS 115486 - Getty/Jordan 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 and the following applications for outdoor service area be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Mustang Bar, 1927 Jefferson Street (Renewal) (Expires 8/14/02) (Includes Sunday Sales) Park Road Inn, 306 Park Road (Renewal) (Expires 6/30/02) (Includes Sunday Sales) Half -Pint Saloon, 1831 Independence Avenue (Renewal) (Expires 6/29/02) Maple Lanes Bowling Center, 2608 University Avenue (Renewal) (Expires 7/9/02) (Includes Sunday Sales) Chasers Pub, 3005 University Avenue (New) (Expires 12/7/01) (Includes Sunday Sales) 2. Beer License Permit Application Class B Dell Oil LTD, 90 West 18th Street (Renewal) (Expires 7/27/02) (Includes Sunday Sales) Main Street Waterloo, 100 West 4th Street (Temporary from July 7-8, 2001) (Includes Sunday Sales) Main Street Waterloo, 200 West 4th Street (Temporary from July 7-8, 2001) (Includes Sunday Sales) Main Street Waterloo, 100 East 4th Street (Temporary from July 7-8, 2001) (Includes Sunday Sales) June 25, 2001 Page 6 MISCELLANEOUS CONTINUED 3. Application for Outdoor Service Area Shad's Place, 1607 Sycamore Street (6/28/01-11/01/01) Main Street Waterloo, 100 West 4th Street (Temporary from July 7-8, 2001) (Includes Sunday Sales) Main Street Waterloo, 200 West 4th Street (Temporary from July 7-8, 2001) (Includes Sunday Sales) Main Street Waterloo, 100 East 4th Street (Temporary from July 7-8, 2001) (Includes Sunday Sales) Ayes: Five. Absent: Gronen, Berry. Motion carried. BONDS 115487 - Jordan/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through June 25, 2001, be received, placed on file and report and bonds be approved. Ayes: Five. Absent: Gronen, Berry. Motion carried. ADJOURNMENT 115488 - Getty/Jordan that the Council adjourn at 6:02 p.m. Motion carried. Nancy Eckert City Clerk Ayes: Five. Absent: Gronen, Berry.