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HomeMy WebLinkAboutMinutes-09/10/20011 September 10, 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, September 10, 2001. Mayor John R. Rooff in the Chair. Roll Call: Anders, Krizek, Murphy, Gronen, Berry. Absent: Jordan, Getty. Invocation by: Reverend Philip Scott, Waterloo Church of Christ. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. ORAL PRESENTATIONS 115867 - Robert Sieglaff, 914 West 3rd Street, suggested putting the rubber dam under the new 18th Street Bridge. Mr. Sieglaff stated he feels it is more economical to do the two projects together. Mr. Sieglaff stated he feels that putting the rubber dam above the current dam, which is over 100 years old, would put too much pressure on the dam and the dam could give away. Mr. Sieglaff suggested that the city eliminate the dam and start over. Mr. Sieglaff stated he disagrees with the city's use of plastic cards, and that the city should do away with the plastic cards. Mr. Sieglaff stated he feels that no city vehicles should be driven out of town. Mary Haais, 116 Courtland Street, stated that two weeks ago her registered puppy was stolen out of her yard, and as of yet the puppy has not been found. Murphy/Gronen that the above oral comments be received and placed on file. Ayes: Five. Absent: Jordan, Getty. Motion carried. 115868 - Berry/Murphy that the Agenda, as proposed, for the Regular Session on Monday, September 10, 2001, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Jordan, Getty. Motion carried. 115869 - Gronen/Murphy that the Minutes, as proposed, for the Regular Session on Tuesday, September 4, 2001, at 5:30 p.m. be accepted and approved. Ayes: Five. Absent: Jordan, Getty. Motion carried. HEARINGS AND BIDS 115870 - Krizek/Murphy that proof of publication of notice of public hearing on Furgerson-Fields Restroom Project, as published in the Waterloo Courier on August 28, 2001, be received and placed on file. Ayes: Five. Absent: Jordan, Getty. Motion carried. 115871 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gronen/Murphy that the hearing be closed and oral and written comments be received and placed on file. Ayes: Five. Absent: Jordan, Getty. Motion carried. 115872 - Murphy/Krizek that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Furgerson-Fields Restroom Project", be adopted. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-496. 115873 - Berry/Gronen that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-497. September 10, 2001 Page 2 HEARINGS AND BIDS CONTINUED 115874 - Murphy/Gronen to receive, file and instruct City Clerk Leisure Services Director for review: Bidder Bowers Masonry, Waterloo, IA Dolan Concrete, Waterloo, IA Gardner Construction, Waterloo, IA to open and read bids and refer to Bid Bond 5% 5% 5% Ayes: Five. Absent: Jordan, Getty. Motion carried. UNFINISHED BUSINESS 115875 - Krizek/Murphy that communication from Associate of contract in the amount of $76, Waterloo, Iowa, in conjunction Program—Zone 1, Contract No. 633, approving said award of contract", Total Bid $12,101.00 $14,944.00 $23,633.00 Engineer transmitting recommendation of award 587.53 to Borwig Building Services, Inc., of with F.Y. 2001 Sidewalk Repair Assessment be received, placed on file and "Resolution be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Anders stated that the Contract Compliance Officer feels that Borwig Building Services, Inc. has made a "good faith effort" to include local certified MBE/WBE contractors on this contract, and that Borwig Building Services, Inc. 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 results. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-498. 115876 - Krizek/Murphy that communication from Associate Engineer transmitting recommendation of award contract in the amount of $565,975.32 to E.K. Bridge, Inc., of Hudson, Iowa, in conjunction with F.Y. 2001 San Marnan Drive Traffic Improvements, Phase I, STP - U -8155(651)-70-07, Contract No. 624, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-499. PETITIONS FROM PUBLIC 115877 - Gronen/Krizek that communication from City Engineer transmitting request of David A. Lux for a waiver for a concrete driveway to be located at 2603 Laurel Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval of Mayor assigned No. 2001-500. 115878 - Gronen/Krizek that communication from City Clerk transmitting request of Daryl Chase, 555 W. Wellington Street, for a variance to the Noise September 22, 2001, from 7:00 p.m. to 11:00 p.m. in conjunction playing in their back yard, together with recommendation of app Police Chief, be received, placed on file and "Resolution ap request", be adopted. Ayes: Five. Absent: Jordan, Getty. and Meri K. Ordinance on with a band royal of the proving said Resolution adopted and upon approval by Mayor assigned No. 2001-501. • • September 10, 2001 UNFINISHED BUSINESS CONTINUED 115879 - Gronen/Krizek Page 3 that communication from City Clerk transmitting request of Crossroads Assembly of God, 3206 Bethel Street, for a variance to the Noise Ordinance on September 15, 2001, from 11:00 a.m. to 8:00 p.m. in conjunction with music playing at an outdoor church service to be held in the parking lot of the church, together with recommendation of approval of the Police Chief, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-502. DOCUMENTS 115880 - Murphy/Berry that communication from Building Official transmitting Change Order No. 1 for a net increase in the amount of $4,257.31 for work performed by Quick Construction Company of Waterloo, Iowa, in conjunction with A.D.A. Right -of -Way Improvements-Ansborough Avenue (in front of Cattle Congress), be received, placed on file and approved. Ayes: Five. Absent: Jordan, Getty. Motion carried. 115881 - Murphy/Berry that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $76,587.53 from Borwig Building Services, Inc., of Waterloo, Iowa, in conjunction with F.Y. 2001 Sidewalk Repair Assessment Program—Zone 1, Contract No. 633, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-503. ORDINANCES TO BE ADOPTED 115882 - Berry/Krizek that "an Ordinance repealing Article D, Inspection Department, of Chapter 6, Municipal Departments, of Title 1, Administration; and enacting in lieu thereof a new Article D, Building Inspection, Permits and Maintenance Department, of Chapter 6, Municipal Departments, of Title 1, Administration (merging Maintenance Department with Building Inspection Department)", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Jordan, Getty. Motion carried. 115883 - Krizek/Gronen that "an Ordinance repealing Subsection B, Permits, of Section 9-2C-4, Fireworks, of Article C, Explosives and Fireworks, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa; and enacting in lieu thereof a new Subsection B, Permits, of Section 9-2C-4, Fireworks, of Article C, Explosives and Fireworks, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations (requiring Certificate of Insurance in the amount of $5,000,000)", 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. Ray Garris, 320 Third Street, Washburn, and Vice President of Iowa Pyrotechnics Association, stated he has concerns about the amount of insurance this ordinance would require. Mr. Garris stated he talked with the person he buys insurance from and $1 million is the amount normally required. Mr. Garris reported that it cost $580.00 to purchase $1 million of insurance and $5 million adds an additional $1,500.00 to the cost. Mr. Garris stated if someone wanted to put on a small show, the $2,000.00 would use up the whole budget. Mr. Garris stated the association feels the council should put more thought into this ordinance. Mr. Garris stated that the ordinance does not say anything about the size of the display. Mr. Garris stated he is involved with a union discussing doing a fireworks display at the ball park. Six members of the union are pyrotechnics who would put on the show at not costs. Mr. Garris stated if they only have a few budgeted dollar for the show, the $5 million insurance requirement will use up the whole budget. September 10, 2001 Page 4 ORDINANCES TO BE ADOPTED CONTINUED Councilperson Gronen asked how many shows Mr. Garris is involved in one year. Mr. Garris responded over 20, with over half of them on city property. Mr. Garris stated he is just one of the helpers for the displays. Councilperson Krizek stated that J & M Displays carries a $10 million policy. Councilperson Krizek stated some homeowner's insurance policy will attach a rider so that it wouldn't be necessary to purchase additional insurance. Mr. Walsh stated that the insurance policy carried for a business would be different from a personal policy. Mr. Garris stated that J & M Displays has a big policy and can extend it out, and that being a big outfit he has an umbrella. Mr. Garris stated that small businesses cannot come up with the money for big amounts of insurance, and the city needs to consider the little people. Councilperson asked Mr. Garris if small organizations hire him. Mr. Garris responded that they could and that he did five shows this past year. Councilperson Anders asked Mr. Garris when he comes to the city to apply for a permit does he show proof of insurance. Mr. Garris responded he has never applied in Waterloo. Councilperson Anders asked what affect the $5 million requirement would have on public organizations and the pyrotechnics. Mr. Garris responded this would affect anyone on the edge of town. Mr. Garris stated it will make it impossible for the small person to do a show. Councilperson Gronen asked Mr. Garris if every show he puts on is covered by insurance, whether on public or private property. Mr. Garris stated that most homeowners have some kind of insurance through their homeowner's policy, and that it is up to the governing body what amount of insurance is required for displays on public property. Councilperson Gronen stated the he feels if the fireworks display is on city property we should require $5 million in insurance, but he would not be opposed to a lower insurance requirement for displays on private property. Councilperson Gronen stated that if an accident occurred the city could be liable for damages. Scott Anderson, President ,of Iowa Pyrotechnics Association, stated that homeowners can provide their own insurance. Mr. Anderson stated he usually carries $1 million in insurance which costs $580.00 per night, and that is the norm. Mr. Anderson stated if a church wanted to have fireworks, they would not be able to do it because it would cost $2,000.00 for the insurance. Mr. Anderson asked what brought this requirement. City Clerk Nancy Eckert stated that the city does not currently require a certificate of insurance for persons or companies handling fireworks displays. Ms. Eckert stated that the $5 million amount was chosen to be in accordance with other insurance requirements that the city has for construction contractors and events held on public property in the city. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Jordan, Getty. Motion carried. BILLS PAYMENT 115884 - Krizek that "Resolution approving Schedule AP640, pp. 1-55, dated September 10, 2001, in the amount of $1,629,688.24, 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: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-504. TRAVEL REQUESTS 115885 - Gronen/Berry that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Frank j(rogh and Corbin Payne, Police Officers, to attend Clandestine Lab Certification School in Ames, Iowa, on September 23-28, 2001, with costs not to exceed $1,125.00, including use of city vehicle. Ayes: Five. Absent: Jordan, Getty. Motion carried. • • • September 10, 2001 MISCELLANEOUS 115886 - Berry/Gronen Page 5 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 License Permit Application Class C Big K -Mart, 2715 Crossroads Blvd. (Renewal) (Expires 10/15/02) (Includes Sunday Sales) 2. Wine License Permit Application Class B Big K -Mart, 2715 Crossroads Blvd. (Renewal) (Expires 10/15/02) (Includes Sunday Sales) 3. Beer/Wine License Permit Application Class C Chen's Waterloo Yen Ching, 109 Commercial Street (Renewal) (Expires 9/11/02) (Includes Sunday Sales) Ayes: Five. Absent: Jordan, Getty. Motion carried. ADJOURNMENT 115887 - Krizek/Berry that the Council adjourn at 6:08 p.m. Ayes: Five. Absent: Jordan, Getty. Motion carried. Nancy Eckert City Clerk