HomeMy WebLinkAboutMinutes-08/12/2002• •
August 12, 2002
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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 12, 2002. Mayor John R. Rooff
in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty.
Invocation by: Pastor Norman Stubbendick, Trinity American Lutheran Church.
Pledge of Allegiance: Councilperson Scott Jordan.
117357 - Jordan/Greenwood
that the Agenda, as amended, for the Regular Session on Monday, August 12,
2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
117358 - Jordan/Hurley
that the Minutes, as proposed, for the Regular Session on Monday, August 5,
2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Rooff read a proclamation declaring August 11-17, 2002, as Women of Color
Networking Week.
CONSENT AGENDA
117359 - Hurley/Jordan
that the following items on the consent agenda be received, placed on file and
approved:
a. Communication from Chief of Police transmitting request of Rolling Thunder®
Inc., Iowa Chapter #1, to hold a helium balloon ceremony in conjunction
with National Prisoner of War -Missing in Action Recognition Day at Soldiers
and Sailors Park on September 20, 2002, at 6:30 p.m. and to barricade Cedar
Street between West 4th and 5th Streets.
b. Communication from City Clerk transmitting request of Logan Middle School,
1515 Logan Avenue, for a variance to the Noise Ordinance on August 19,
2002, from 4:30 p.m. to 9:00 p.m. in conjunction with a community kickoff
rally, including choirs, drill teams, drums and keyboards/organs, to be
held on the track and field area behind the school building.
c. Communication from Police Chief transmitting request of Cedar Valley
Vikings to hold Team Homecoming Parade on August 24, 2002, at 4:30 p.m.,
with parade route to begin in the West High School parking lot and travel
on Baltimore Street to Slone Wallace Stadium.
d. Approve the following travel requests, which satisfy a public purpose, with
expenses not to exceed amount shown:
1. Tim Hurley, Councilperson, to attend Iowa League of Cities 104th
Annual Conference and Exhibit in Cedar Rapids, Iowa, on September 18-
20, 2002, with costs not to exceed $290.00.
2. Lou Cutwright, Building Official, to attend Joint Annual BOCA, ICBO
and SBCCI Annual Conference in Fort Worth, Texas on September 29 -
October 5, 2002, with costs not to exceed $2,390.00.
3. Jeff Palmer, Firefighter, to attend 40 hour Aircraft Rescue
Firefighting Class in Duluth, Minnesota on August 25-30, 2020, with
costs not to exceed $1,470.00, including the use of city vehicle.
e. Approve the following:
1. Beer/Liquor License Permit Application
Class C
Mustang Bar, 1927 Jefferson Street (Renewal) (Expires 8/14/03)
(Includes Sunday Sales)
2. Liquor License Permit Application
Class E
Osco Drug Store, 2068 Logan Avenue (Renewal) (Expires 9/15/03)
(Includes Sunday Sales)
August 12, 2002 Page 2
CONSENT AGENDA CONTINUED
3. Wine License Permit Application
Class B
Osco Drug Store, 2068 Logan Avenue (Renewal) (Expires 9/15/03)
(Includes Sunday Sales)
Kuzzins, Inc. 926 Linn Street (Renewal) (Expires 7/31/03) (Includes
Sunday Sales)
4. Beer License Permit Application
Class C
Kuzzins, Inc. 926 Linn Street (Renewal) (Expires 7/31/03) (Includes
Sunday Sales)
5. Beer/Wine License Permit Application
Class C
Young Arena, 125 Commercial (Renewal) (Expires 9/6/03) (Includes
Sunday Sales)
6. Application for Cigarette License Permit
One hundred and two (102)
f. Application for Fireworks Display
Waterloo Community Schools on August 19, 2002, at Logan Middle School
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Communication from Chief Financial Officer transmitting recommendation of
appointment of Joyce Wessels, effective August 26, 2002, and Ruth Hecht,
effective upon a mutually agreed upon date.
h. Report of the City Attorney and list of bonds filed with the City Clerk
through August 12, 2002, be received, placed on file and report and bonds
be approved.
Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor
license permit applications. Motion carried.
HEARINGS AND BIDS
117360 - Berry/Jordan
that proof of publication of notice of public hearing on F.Y. 2002 Satellite
Interceptor Corrosion Project, Contract No. 652, as published in the Waterloo
Courier on July 24, 2002, be received and placed on file. Ayes: Seven.
Motion carried.
117361 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Jordan/Greenwood
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
117362 - Jordan/Getty
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2002 Satellite Interceptor Corrosion
Project, Contract No. 652", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-478.
117363 - Getty/Welper
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-479.
117364 - Welper/Jordan
to receive, file and instruct City Clerk to open and read bids and refer to
Superintendent of Waste Management Services for review:
Alternate 1
Bidder Bid Bond Bid Amount Deduct Amount
Municipal Pipe Tool Company, Hudson, IA 5% $489,999.69 ($10,000.00)
Ayes: Seven. Motion carried.
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August 12, 2002
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HEARINGS AND BIDS CONTINUED
117365 Jordan/Welper
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Page 3
that proof of publication of notice of public hearing on F.Y. 2003 Sidewalk
Block Grant Repair Program, Contract No. 649, as published in the Waterloo
Courier on July 24, 2002, be received and placed on file. Ayes: Seven.
Motion carried.
117366 - 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.
117367 - Getty/Welper
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2003 Sidewalk Block Grant Repair
Program, Contract No. 649", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-480.
117368 - Jordan/Welper
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-481.
117369 - Getty/Berry
to receive, file and instruct City Clerk to open and read bids and refer to
City Engineer for review:
Bidder Bid Bond Bid Amount
Borwig Building Service, Inc., Waterloo, IA 5% $26,066.07
Todd VanDorn Construction, Cedar Falls, IA 5% $22,675.90
Mike Dolan Concrete & Masonry, Inc., Waterloo, IA 5% $30,228.15
Ayes: Seven. Motion carried.
PETITIONS FROM PUBLIC
117370 - Clark/Jordan
that communication from City Engineer transmitting request of Brenda Ohlenkamp
for a waiver for a concrete driveway to be located at 1130 Ann 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. 2002-482.
117371 - Clark/Jordan
that communication from Assistant City Planner transmitting request of Leonard
Curtis to rezone from "R-3" Multiple Residence District to "R -3,C -Z"
Conditional Multiple Residence District property generally located in the 900
block of Grant Avenue, between West 7th and West 8th Streets for purpose of
converting into an artist studio be received, placed on file and "Resolution
setting date of hearing as August 26, 2002, 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. 2002-483.
August 12, 2002 Page 4
PETITIONS FROM PUBLIC CONTINUED
117372 - Clark/Jordan
that communication from Assistant City Planner transmitting
Transportation for a minor site plan amendment for the "M-2,
Industrial District for property generally located in the Northeast
Park to allow reconfiguration of the building by rotating it 90
received, placed on file and "Resolution approving said minor
amendment", be adopted. Ayes: Seven.
request of Gray
P" Planned
Industrial
degrees be
site plan
Resolution adopted and upon approval by Mayor assigned No. 2002-484.
REPORTS
117373 - Hurley/Berry
that "Resolution approving Letter of Intent with Cedar Valley Minority
Contractors Association and Prime Contractors in conjunction with the Contract
Compliance Program", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-485.
117374 - Welper/Greenwood
that communication from Community Development Director transmitting Contract
Compliance Program 2002 and supporting documents be received, placed on file
and "Resolution approving said program and supporting documents", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-486.
Mayor Rooff thanked the minority contractors, prime contractors, council
members, Walter Reed, Jack Fellenzer and Bill Whitcomb for working on the
program. Mayor Rooff stated a lot of work went into coming up with this
program, and that about 30 hours were spent working on the program.
DOCUMENTS
117375 - Berry/Jordan
that communication from Superintendent of Waste Management Services
transmitting Change Order No. 12 for a net increase in the amount of $33,875.00
for work to be performed by Story Construction Company in conjunction with
Anaerobic Digesters Waterloo Water Pollution Control Facilities, Contract No.
550, be received, placed on file and approved and Mayor authorized to execute
same. Ayes: Seven. Motion carried.
117376 - Berry/Jordan
that communication from Assistant City Engineer transmitting plat improvement
(sanitary sewer) for South Fork Estates First Addition be received, placed on
file and "Resolution approving said plat improvement", be adopted and two year
maintenance bond from Ernster & Company, Inc., be received and placed on file.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-487.
117377 - Berry/Jordan
that communication from Waterloo Water Works General Manager transmitting
Release of Real Estate Mortgage for Ron Dillavou, 44 W. Eagle Road, for payment
of Promissory Note in conjunction with Kimball South Rural Water Main Project
be received, placed on file and "Resolution approving said release of real
estate mortgage", be adopted and Mayor and City Clerk authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-488.
117378 - Berry/Jordan
that communication from Waterloo Water Works General Manager transmitting
Release of Real Estate Mortgage for Duane Nachazel, 11721 Kimball Avenue, for
payment of Promissory Note in conjunction with Kimball South Rural Water Main
Project be received, placed on file and "Resolution approving said release of
real estate mortgage", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-489.
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August 12, 2002
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DOCUMENTS CONTINUED
117379 - Jordan/Welper
that communication from Assistant Director of Aviation transmitting Change
Order No. 1 for a net increase in the amount of $11,607.60 for work to be
performed by Burns & McDonnell Engineering in conjunction with Waterloo
Regional Airport Terminal Project, 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.
Brad Hagen, Director of Aviation, reported that the asbestos abatement was
removed from the original contract due to concerns from the general contractors
bidding on the project. It was determined that this portion of the project
should be pulled from the contract and the consultant put together a separate
bid document.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
117380 - Hurley/Greenwood
that communication from Assistant City Planner transmitting an application for
RISE funding in the amount of $603,145.00, with a local match of $301,572.50,
in conjunction with development of TG Drive located in the Northeast Industrial
Park 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. 2002-490.
117381 - Clark/Jordan
that communication from City Attorney transmitting Service Agreement with MCC
IOWA LLC to provide maintenance on broadband data network provided to city
buildings at a cost of $20 per fiber strand per location be received, placed on
file and "Resolution approving said service agreement", be adopted and Mayor
authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Jim Walsh, City Attorney, stated that the agreement covers the installation,
operation and maintenance of the fiber optics for city facilities and same
modem hookups. The contract is for five years and can be renewed for two
successive five year terms. Mr. Walsh stated the contract is a good bargain
for the city, and the total cost for hookup is $7,300.00.
Councilperson Getty stated there is some cable throughout the city owned by the
Cedar Falls Public Utilities, and he asked if this agreement will squeeze them
out of the city. Mr. Walsh stated that this contract does not affect them as
the removal of the right -of -first refusal language eliminated that possibility.
Councilperson Getty stated that Section 6, Termination Without Fault, requires
the city to pay 70 percent of the remaining recurring charges if we terminate
within 25-60 months from the service date. Mr. Walsh responded that the city
would only pay the termination fee if we elect to terminate the agreement
within the first sixty months. If the city elects not to renew the agreement
after five years, the city does not pay the termination fee, but if the city
renews the agreement the termination without fault clause would start over.
Mayor Rooff stated the recurring charges are $20 per fiber strand per location
per month or $2,400 per year for ten fibers. Mayor Rooff stated that cable
modem Internet services will be provided at no cost to some of the city
buildings. Mr. Walsh stated if the city adds additional buildings, we will be
charged according to the schedule. The city pays for any equipment to the
building and the connection of the fiber to the buildings.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Nays: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-491.
August 12, 2002 Page 6
DOCUMENTS CONTINUED
117382 - Clark/Jordan
that communication from Assistant City Planner transmitting Preliminary Plat of
Ola Rhodes Addition, together with Engineering Department review and staff
report, be received, placed on file and "Resolution approving said Preliminary
Plat", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-492.
117383 - Clark/Jordan
that communication from Assistant City Planner transmitting Final Plat of South
Fork Estates Second Addition, together with Engineering Department's review
letter, Deed of Dedication, Certificate of Survey and Staff Report, be
received, placed on file and "Resolution approving said Final Plat", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-493.
117384 - Berry/Greenwood
that communication from Police Chief transmitting agreement with the Governor's
Traffic Safety Bureau for Alcohol Incentive Grant in the amount of $14,500.00
to be used for overtime, training -related travel and educational materials and
one in -car video system and two dual antenna radar units 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. 2002-494.
117385 - Hurley/Jordan
that "Resolution approving grant in the amount of $2,500,000.00 from the R.J.
McElroy Trust to be used for facilities for youth within the public indoor
sports complex of the Riverfront Renaissance project", be adopted and Mayor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-495.
RESOLUTIONS TO BE ADOPTED
117386 - Berry/Jordan
that "Resolution setting date of hearing as August 26, 2002, at 5:30 p.m. in
the City Hall Council Chambers on sale and conveyance of property generally
located at 48 Mulberry Street to Oscar Aguilar and Concepcion Mendez for
$49,500.00 under HUD Section 5(h) Plan for Sale of Single Family Dwellings
under the Public Housing Homeownership Program", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-496.
117387 - Getty/Jordan
that "Resolution authorizing and providing for issuance of $380,000.00 General
Obligation Bonds, Series 2002C, and levying a tax to pay said bonds", be
adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-497.
ORDINANCES TO BE ADOPTED
117388 - Jordan/Welper
that "an Ordinance amending the franchise agreement with MCC Iowa LLC
(construction of fiber optic network capable of carrying video, voice and data
connectivity to the City, Waterloo Community School District and Black Hawk
County buildings)", be received, placed on file, considered and passed for the
first time. Ayes: Six. Nays: Getty. Motion carried.
117389 - Jordan/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Five. Nays: Hurley, Getty. Motion
failed.
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August 12, 2002
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ORDINANCES TO BE ADOPTED CONTINUED
117390 - Getty/Berry
Page 7
that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (134)
Fourth Street (E) of Section 551, Parking Prohibited at All Times on Certain
Streets; and enacting in lieu thereof a new Subsection (134) Fourth Street (E)
of Section 551, Parking Prohibited at All Times on Certain Streets; and by
repealing Subsection (40) E. Fourth Street of Section 553, No Parking Here to
Corner; and enacting in lieu thereof a new Subsection (40) E. Fourth Street of
Section 553, No Parking Here to Corner (prohibit parking on the east side of
the 600 block of E. 4th Street from Walnut Street to Lime Street)", be received,
placed on file, considered and passed for the first time. Ayes: Seven.
Motion carried.
117391 - Getty/Clark
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
117392 - Clark/Jordan
that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (134)
Fourth Street (E) of Section 551, Parking Prohibited at All Times on Certain
Streets; and enacting in lieu thereof a new Subsection (134) Fourth Street (E)
of Section 551, Parking Prohibited at All Times on Certain Streets; and by
repealing Subsection (40) E. Fourth Street of Section 553, No Parking Here to
Corner; and enacting in lieu thereof a new Subsection (40) E. Fourth Street of
Section 553, No Parking Here to Corner (prohibit parking on the east side of
the 600 block of E. 4th Street from Walnut Street to Lime Street)", be
considered and passed for the second and third times and adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4568.
BILLS PAYMENT
117393 - Jordan
that "Resolution approving Schedule AP640, pp. 1-71, dated August 12, 2002, in
the amount of $2,023,391.87 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. 2002-498.
NEW BUSINESS
117394 - Berry/Getty
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2003 Sidewalk Repair Assessment Program -Zone 2,
Contract No. 650, be received, placed on file and approved. Ayes: Seven.
Motion carried.
117395 - Getty/Jordan
that plans, specifications, form of contract, etc. in conjunction with F.Y.
2003 Sidewalk Repair Assessment Program -Zone 2, Contract No. 650, be received
and placed on file. Ayes: Seven. Motion carried.
117396 - Jordan/Greenwood
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. 2002-499.
117397 - Getty/Jordan
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as August 26, 2002, 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. 2002-500.
August 12, 2002 Page 8
NEW BUSINESS CONTINUED
117398 - Clark/Jordan
that communication from Waterloo Water Works General Manager transmitting
request to certify $474.07 for work performed by Waterloo Water Works at 411
Denver Street, together with recommendation of approval of Board of Trustees of
Waterloo Water Works, be received, placed on file and "Resolution approving
said request", be approved and City Clerk instructed to notify Black Hawk
County Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-501.
ADJOURNMENT
117399 - Jordan/Clark
that the Council adjourn at 6:11 p.m. Ayes: Seven. Motion carried.
Nancy ckert
City Clerk
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