Loading...
HomeMy WebLinkAboutMinutes-04/29/2002• • April 29, 2002 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, April 29, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Reverend Herb Thompson, Assistant Pastor for Savior Baptist Church. Pledge of Allegiance: Don Temeyer, City Planner. 116808 - Jordan/Getty that the Agenda, as amended to add Item 16a and delete beer and liquor license for Steamboat Gardens, for the Regular Session on Monday, April 29, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 116809 - Jordan/Hurley that the Minutes, as proposed, for the Special Session on Thursday, April 11, 2002, at 4:30 p.m., Regular Session on Monday, April 15, 2002, at 5:30 p.m., and Special Session on Thursday, April 25, 2002, at 8:30 a.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS AND BIDS 116810 - Berry/Jordan that proof of publication of notice of public hearing on F.Y. 2002 Outdoor Public Warning Sirens and Accessories, Contract No. 655, as published in the Waterloo Courier on April 22, 2002, be received and placed on file. Ayes: Seven. Motion carried. 116811 - This being the time and place of public hearing the Mayor called for written and oral objections and there were none. Jordan/Hurley that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 116812 - Getty/Welper that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with F.Y. 2002 Outdoor Public Warning Sirens and Accessories, Contract No. 655", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-228. 116813 - Hurley/Jordan that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-229. 116814 - Jordan/Hurley to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Bond Total Bid Radio Communications, Waterloo, IA 5% $26,280.00 Electronic Engineering, Ames, IA 5% $32,568.00 Fesler's, Inc., North Liberty, IA 5% $26,336.28 Ayes: Seven. Motion carried. HEARINGS 116815 Clark/Jordan that proof of publication of notice of public hearing on request of Nremin and Hikmeta Odobasic to sell and convey property generally located at 1826 Robin Road under HUD Section 5(h) Plan for Sale of Single Family Dwellings under the Public Housing Homeownership Program for $74,000.00, as published in the Waterloo Courier on April 18 and 19, 2002, be received and placed on file. Ayes: Seven. Motion carried. April 29, 2002 Page 2 HEARINGS CONTINUED 116816 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Clark that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 116817 - Hurley/Jordan that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-230. UNFINISHED BUSINESS 116818 - Berry/Greenwood that communication from Leisure Services Director transmitting recommendation of award of contract for Option A in the amount of $21.45 per acre, Option D in the amount of $15.00 per acre, Option E in the amount of $35.00 per hour and Option F in the amount of $40.00 per acre to B & B Lawncare, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2002 Right -of -Way Mowing Contract, 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. 2002-231. PETITIONS FROM PUBLIC 116819 - Getty/Welper that communication from Police Chief transmitting request of the Family Y.W.C.A. to hold Walk/Run on May 4, 2002, starting at 8:00 a.m. and ending at 9:30 a.m., with the race route to begin and end at the Y.W.C.A. on Park Avenue and Lafayette Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-232. REPORTS 116820 - Hurley/Greenwood that communication from Waterloo Convention and Visitor's Bureau transmitting F.Y. 2003 Budget Request and Report to the City Council be received, placed on file and "Resolution approving said budget and report", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-233. DOCUMENTS 116821 - Clark/Jordan that communication from Senior Planner transmitting application for Jacqueline Heeney for tax exemptions on improvements totaling $6,300.00 for property located at 216 Rhey Street 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. 2002-234. 116822 - Clark/Jordan that communication from Senior Planner transmitting application for Lisa Morehouse for tax exemptions on improvements totaling $132,233.00 for property located at 1834 Lark Lane 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. 2002-235. • • April 29, 2002 DOCUMENTS CONTINUED 116823 - Clark/Jordan Page 3 that communication from Senior Planner transmitting application for George Nicholas, Mama Nick's Pizzeria, for tax exemptions on improvements totaling $177,265.00 for property located at 1934 Washington Avenue in the Consolidated Urban Revitalization Area, 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated that George Nicholas, 1934 Washington Street, was told that he would receive property tax exemption for ten years, but now he is only going to receive eight years because of the paperwork. Don Temeyer, City Planner, stated that property owners must file the application for the exemption or they will not receive the tax abatement. Mr. Nicholas has paid taxes twice on the property since he made the improvements, but Mr. Nicholas will still be eligible to receive the exemption for eight years because the policy allows the remaining eight year abatement. If he would have waited until after the third year, he would not have received any tax abatement. Mr. Nicholas will receive the same amount of abatement as he would have received for 100 percent exemption for three years on the actual vale added by the improvements. Councilperson Hurley asked if homeowners and business owners know they are located in the Consolidate Urban Revitalization Area (CURA). Mr. Temeyer responded when the council approved the CURA, a notice was mailed to everyone in the area, and they are notified if they are in a rehab area. Mr. Temeyer stated the property owner must file for the exemption after they have made the improvement, the application is forwarded to the Black Hawk County Assessor for review, and she makes the determination to add the added value to the tax bill. Mr. Temeyer stated that the city probably needs to remind everyone located in the District of the opportunity for the exemption. Councilperson Jordan stated that this is commercial property, and Mr. Nicholas thought once the property was approved for the CURA, the process was done. Mr. Temeyer responded that Mr. Nicholas' property was added to the CURA, but he never filed for exemption. Councilperson Jordan asked what happens if the property is sold, and Mr. Temeyer responded the exemption stays with the property. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-236. 116824 - Hurley/Jordan that communication from Chief of Police transmitting Impaired Driving Program Application with the Iowa Governor's Traffic Safety Bureau in the amount of $12,929.00 in conjunction with overtime for OWI arrests and other alcohol- related offenses for the period of July 1, 2002 through September 30, 2002, 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. 2002-237. 116825 - Getty/Jordan that communication from City Forester transmitting agreement with Green Scene to supply, plant and maintain small seedlings on city property until they are transplantable trees be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-238. 116826 - Berry/Welper that communication from Assistant City Engineer transmitting recommendation to accept plat improvements for Pine Meadows Addition be received, placed on file and "Resolution approving said plat improvements", be adopted and two year maintenance bond from Weichers Construction, Inc., be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-239. April 29, 2002 DOCUMENTS CONTINUED 116827 - Berry/Welper Page 4 that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance from B & B Lawncare, Inc., of Waterloo, Iowa, in conjunction with F.Y. 2002 Right -of -Way Mowing Contract, 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. 2002-240. 116828 - Jordan/Greenwood that Tax Exemption Certificate for $5,215,000.00 General Obligation Refunding Bonds, Series 2002, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 116829 - Hurley/Clark that Continuing Disclosure Certificate for $5,215,000.00 General Obligation Refunding Bonds, Series 2002, be received, placed on file and approved. Ayes: Seven. Motion carried. 116830 - Getty/Greenwood that "Resolution authorizing issuance of $5,215,000.00 General Obligation Refunding Bonds, Series 2002, and levying a tax to pay said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-241. 116831 - Welper/Greenwood that "Resolution appointing Wells Fargo Bank Iowa to serve as Paying Agent, Bond Registrar and Transfer Agent, and approving the Paying Agent and Bond Registrar and Transfer Agent Agreement for $5,215,000 General Obligation Refunding Bonds, Series 2002", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-242. 116832 - Berry/Welper that communication from Associate Engineer transmitting agreement with Earth Tech to extend Phase I completion date to October 31, 2002, in conjunction with 18th Street Bridge Replacement, BRM -8155(650)-8N-07, Contract No. 622, 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. 2002-243. 116833 - Jordan/Clark that communication from Associate Engineer transmitting Supplemental Agreement No. 4 with Parsons Transportation Group, Inc., for continued construction administration services in conjunction with San Marnan Drive Traffic Improvements, Phase I, STP -U-8155(651)-70-07, at a cost not to exceed $56,292.35, with city match of $11,258.47, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked where the city is at concerning Highway 21. Dennis Gentz, Assistant City Engineer, responded that Parsons Transportation Group, Inc. has submitted a concept design, and Fire Rescue and Covenant have reviewed the design and the revisions have been sent to Parsons. Once the revisions are completed, we will need to identify funding for the project. Mayor Rooff stated that the project is on schedule, and we hope to let the contract by fall, so it may not be completed this year. Councilperson Hurley stated that Parsons Transportation Group developed a budget estimate which was based on their estimated 40 -working days on the project. However, when the project was let in August of last year, the Iowa Department of Transportation assigned 75 working days. Mr. Gentz responded the original 40 days was the consultant's best guess, but the Iowa Department of Transportation assigned 75 days. Mr. Gentz stated Parsons based the 40 -working days on their design and estimate of time for the project. The Iowa Department �of Transportati felt there would be more time i iolved in the project. April 29, 2002 • • DOCUMENTS CONTINUED Page 5 Councilperson Greenwood asked if the city has asked surrounding communities to help fund the project. Mayor Rooff responded that a letter was mailed to all the surrounding communities. Councilperson Getty stated he has a problem spending the money until we know it will be approved. For 20 years the Iowa Department of Transportation has said we cannot go down 9`h Street. Councilperson Clark stated it is his understanding this is for emergency vehicles only. Councilperson Clark stated that a citizen has proposed that there be a right on the right turn. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-244. RESOLUTIONS TO BE ADOPTED 116834 - Hurley/Greenwood that communication from Mayor John Rooff transmitting request to bring Senior Conciliation Specialist from U.S. Department of Justice from Kansas City, Missouri, for formal facilitation of discussions to resolve issues regarding minority contractor's involvement in city contracts be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion the following comments were heard. Mayor Rooff stated that he sent all the information to Bill Whitcomb with the U.S. Department of Justice, and he feels the best way handle the issues regarding minority contractors involvement in city contracts is through mediation. Mr. Whitcomb wants letters from the city and prime and subcontractors. Everyone must attend and jointly accept what is decided. Mayor Rooff stated he also sent a request to the Department of Commerce Minority Affairs, and they are reviewing the city's program. Councilperson Getty asked if we are mandated by his decision, and Mayor Rooff responded it will have to be agreed by everyone. Councilperson Getty stated he does not want to feel he is under the gun to whatever the mediator says. Mayor Rooff stated there will be no decision unless all three parties agree. There will be very strict rules. Councilperson Hurley asked if the final program will be brought before the council. Mayor Rooff responded it will come before the council and it will be the city's program. Mayor Rooff stated he envisions representatives from the council at the meetings. Councilperson Berry stated she feels the city is going backwards, and she does not feel we need to have those two parties involved. Councilperson Berry stated it should be a discussion by the council. Jim Walsh, City Attorney, stated the mediator cannot predetermine what the city will adopt. The mediator wants to have everyone act in good faith and get something done. Mayor Rooff stated there will be no costs to the city for the Senior Conciliation Specialist's services. Councilperson Hurley stated he looks forward to this if there is a chance a third party can offer interpretation and understanding of what each side is saying. Mayor Rooff stated we should at least take another attempt in making this work. Once the prime contractors and minority contractors send their letters, the process could start fairly soon. Councilperson Berry stated she is in support of Mr. Whitcomb, but she does not think these parties should be expected to come up with what is best for the city. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-245. April 29, 2002 Page 6 BILLS PAYMENT 116835 - Jordan/Berry that "Resolution approving Schedule AP640, pp. 1-72, dated April 29, 2002, in the amount of $4,776,978.94, 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. 2002-246. NEW BUSINESS 116836 - Berry/Jordan that communication from Assistant Director of Aviation transmitting two-year agreement with Nathan Engelkes of Holland, Iowa, to lease approximately 1,348 acres of farmland at the Waterloo Municipal Airport be received, placed on file and "Resolution setting date of hearing as May 20, 2002, at 5:30 p.m. in the City Hall Council Chambers on the above described lease agreement", be adopted and City Clerk instructed to publish notice of the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-247. 116837 - Berry/Jordan that communication from Mayor Rooff transmitting reappointment of Debra Grosse to the ADA Compliance Commission, with term expiration date of February 22, 2005, be received, placed on file and approved. Ayes: Seven. Motion carried. 116838 - Berry/Jordan that communication from Mayor Rooff transmitting reappointment of Pamela St. John and Mitze Rekward, with term expiration date of December 8, 2004; and appointment of John Mixdorf, with term expiration date of December 8, 2004, to the Board of Adjustment be received, placed on file and approved. Ayes: Seven. Motion carried. 116839 - Berry/Jordan that communication from Mayor Rooff transmitting reappointment of Sue Pearson to the Historic Preservation Commission, with term expiration date of April 7, 2005, be received, placed on file and approved. Ayes: Seven. Motion carried. 116840 - Berry/Jordan that communication from Mayor Rooff transmitting appointment of Craig Caslavka to the Water Works Trustees Board, with term expiration date of January 12, 2004, be received, placed on file and approved. Ayes: Seven. Motion carried. 116841 - Berry/Jordan that communication from Mayor Rooff transmitting appointment of Steve Brodie to the Board of Electrical Examiners and Appeals, with term expiration date of November 1, 2004, be received, placed on file and approved. Ayes: Seven. Motion carried. TRAVEL REQUESTS 116842 - Berry/Welper that the following travel requests, which satisfy a public purpose, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Werner Wittman and Jim Sullivan, Maintenance Electricians, to attend a Seminar for National Electrical Code Updates in Waterloo, Iowa, on May 20, 2002, with costs not to exceed $330.00, including use of city vehicle. 2. Melissa Ludwig and Gregory Fangman, Police Officers, to attend Field Training Officer Certification Course in Appleton, Wisconsin, on May 5-10, 2002, with costs not to exceed $1,700.00. 3. Constance McGovern, Rebecca Johnson, Human Rights Specialists; and Peggy Dandy and Louis Starks, Human Rights Commissioners, to attend Upper Midwest Regional Conference, Building Inclusive Communities, in Minneapolis, Minnesota, on May 1-3, 2002, with costs not to exceed $1,120.00, including use of city vehicle. • • April 29, 2002 • • TRAVEL REQUESTS CONTINUED Page 7 4. John R. Rooff, Mayor, and Michelle Weidner, Chief Financial Officer, to meet with Moody's Investor Services and Insurers in New York, New York, on May 8-10, 2002, with costs not to exceed $2,470.00. Ayes: Seven. Motion carried. MISCELLANEOUS 116843 - 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, Fireworks Display and Solicitation Permit be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Golden China, 2046 E Sunday Sales) Shads, 1607 Sycamore Sales) Flirt's Gentlemen's Ridgeway Road (Renewal) (Expires 5/4/03) (Includes Street (Renewal) (Expires 4/30/03) (Includes Sunday Club, 319 Jefferson (Renewal) (Expires 4/30/03) (Includes Sunday Sales) Paulies Place, 814 LaPorte (Renewal) (Expires 5/14/03) (Includes Sunday Sales) Diamond Daves, 124 Crossroads Blvd (Renewal) (Expires 5/14/03) (Includes Sunday Sales) Olive Garden, 1315 E. San Marnan Drive (Renewal) (Expires 5/28/03) (Includes Sunday Sales) Crystals, 726-728 Logan Avenue (Renewal) (Expires 4/23/03) (Includes Sunday Sales) Broosters, 3555 University Avenue (Renewal) (Expires 4/21/03) 2. Beer License Permit Application Class B Falls Road Drug, 2027 Falls Avenue (Renewal) (Expires 4/30/03) 3. Beer License Permit Application Class C Express Mart, 3535 Marigold (New) (Expires 5/1/03) (Includes Sunday Sales) 4. Wine License Permit Application Class B Express Mart, 3535 Marigold (New) (Expires 5/1/03) (Includes Sunday Sales) 5. Liquor License Permit Application Class A Amvets Home, Inc., 32 Lafayette Road (Renewal) (Expires 5/13/03) (Includes Sunday Sales) 6. Application for Outdoor Service Area Shads, 1607 Sycamore Street (4/30/02 - 4/30/03) Amvets Home, Inc., 32 Lafayette Road (5/14/02 - 5/14/03) Broosters, 3555 University Avenue (4/22/02 - 4/22/03) 7. Application for Fireworks Display Waterloo Jaycees Fireworks on July 6, 2002 on 6th Street Bridge 8. Application for Solicitation Permit Jeni Williams, 709 Randolph Street Ayes: Seven with Councilperson Clark abstaining on all beer, wine and liquor license applications. Motion carried. BONDS 116844 - Jordan/Clark that the report of the City Attorney and list of bonds filed with the City Clerk through April 29, 2002, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. April 29, 2002 ADJOURNMENT 116845 - Jordan/Hurley that the Council adjourn at 6:26 p.m. Ayes: Seven. Motion carried. ✓VLOcn�1, �s-K� Nancy OO Eckert City Clerk • • Page 8