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HomeMy WebLinkAboutMinutes-08/26/2002• • August 26, 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, August 26, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Reverend Susan Vergeront, First Presbyterian Church. Pledge of Allegiance: Councilperson Harold Getty. ORAL PRESENTATIONS 117416 - Councilperson Welper read a prepared statement concerning the Riverfront Renaissance Project and the variety of reasons cited by different persons voting against the project. The Five Sullivan Brothers Convention Center was characterized as a money loser and held up as a bad example of a public improvement project, and Councilperson Welper asked for the facts on the center. The amount and timing of street improvements were hotly debated. The city needs to objectively look at what we are spending and determine if it is the appropriate amount, too much or too little. The Cattle Congress and Dog Track are privately owned and the city did not have any involvement in running them or what happened to them, and this needs clarification and documentation. Mayor Rooff and Council Members were constantly criticized for giving themselves raises or giving themselves raises that were out of line. The city needs to lay out the record on this and compare ourselves to the public and other elected officials. Councilperson Welper asked Mayor Rooff to review these items and recommend staffing to get definitive documented answers. Getty/Hurley that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 117417 - Jordan/Hurley that the Agenda, as proposed, for the Regular Session on Monday, August 26, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 117418 Jordan/Hurley that the Minutes, as proposed, for the Regular Session on Monday, August 19, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff presented a Certificate of Appreciation to Lieutenant Richard Boesen for 30 years of service. Mayor Rooff presented a Certificate of Appreciation to Dennis Heiser for 30 years of service. Mayor Rooff presented a Certificate of Appreciation to Police Officer Mark Shoars for 30 years of service. Mayor Rooff performed swearing in of Firefighters Eric Allsup, David Hook, Todd Moudry, Bart Samuelson and Troy Luck. Mayor Rooff performed swearing in of Police Officers Andrew Keil, Brice Lippert and Bradly Walter. CONSENT AGENDA 117419 - Jordan/Welper that the following items on the consent agenda be received, placed on file and approved: a. Approve the following travel requests, which satisfy a public purpose, with expenses not to exceed amount shown: 1. Joe Leibold and Keith Smith, Police Sergeants, to attend National Homicide Seminar in Kansas City, Missouri, on October 25-30, 2002, with costs not to exceed $1,815.00, including use of city vehicle. 2. Communication from Police Chief transmitting request of the National Conference for Community and Justice to hold Walk As One Walk-a-thon on September 29, 2002, starting at 1:00 p.m. and ending at 2:00 p.m., with walk to begin and end at Lincoln Park. August 26, 2002 Page 2 CONSENT AGENDA CONTINUED b. Approve the following: 1. Beer/Wine License Permit Application Special Class C Chen's Waterloo Yen Ching, 109 Commercial Street (Renewal) (Expires 9/11/03) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Wishbone, Inc., 201-205 W. 18th Street (Renewal) (Expires 9/14/03) (Includes Sunday Sales) Mr. Biggs Sports Bar, 304-306 West 4th Street (Renewal) (Expires 8/27/03) (Includes Sunday Sales) c. Report of the City Attorney and list of bonds filed with the City Clerk through August 26, 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. ASSESSMENT HEARING 117420 - Getty/Berry that proof of publication of notice of public hearing on F.Y. 2003 Sidewalk Repair Assessment Program—Zone 2, Contract No. 650, as published in the Waterloo Courier on August 8, 2002, and August 15, 2002, be received and placed on file. Ayes: Seven. Motion carried. 117421 - 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. 117422 - Jordan/Hurly that "Proposed Resolution of Necessity in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-507. HEARINGS AND BIDS 117423 - Hurley/Getty that proof of publication of notice of public hearing on F.Y. 2003 Sidewalk Repair Assessment Program—Zone 2, Contract No. 650, as published in the Waterloo Courier on August 13, 2002, be received and placed on file. Ayes: Seven. Motion carried. 117424 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Getty that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 117425 - Getty/Jordan that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Sidewalk Repair Assessment Program—Zone 2, Contract No. 650", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-508. 117426 - Berry/Jordan that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-509. • • August 26, 2002 • • HEARINGS AND BIDS CONTINUED Page 3 • 117427 - Welper/Jordan to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid Mike Dolan Concrete & Masonry, Waterloo, IA 5% $65,903.85 Borwig Building Service, Waterloo, IA 5% $62,562.44 Ayes: Seven. Motion carried. HEARINGS 117428 Getty/Jordan that proof of publication of notice of public hearing on the 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 Street and West 8th Street, for purpose of converting into an artist studio, as published in the Waterloo Courier on August 16, 2002, be received and placed on file. Ayes: Seven. Motion carried. 117429 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Berry 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. 117430 - Jordan/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 98 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 117431 - Welper/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 117432 - Jordan/Clark that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 98 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4570. 117433 - Hurley/Jordan that proof of publication of notice of public hearing on request of Oscar L. Aguilar and Concepcion L. Mendez to sell and convey property generally located at 48 Mulberry Street under HUD Section 5(h) Plan for Sale of Single Family Dwellings under the Public Housing Homeownership Program for $49,900.00, as published in the Waterloo Courier on August 13 and 14, 2002, be received and placed on file. Ayes: Seven. Motion carried. 117434 - 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. 117435 - Getty/Welper 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. 2002-510. August 26, 2002 Page 4 UNFINISHED BUSINESS 117436 - Greenwood/Jordan that communication from Superintendent of Waste Management Services transmitting recommendation of award of contract in the amount of $489,999.69 to Municipal Pipe Tool Company, Inc., of Hudson, Iowa, in conjunction with F.Y. 2002 Satellite Interceptor Corrosion Project, Contract No. 652, be received, placed on file and "Resolution approving said award of contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Tim Shea, Superintendent of Waste Management Services, reported that this project is funded 55 percent with federal funds and 45 percent with General Obligation Bond funds. Mr. Shea reported that the project involves corrosion control on manholes along the interceptor sewer line running from the pretreatment lagoon to the Easton Avenue Treatment Plant. A heavy concentration of hydrogen sulfide gas in the waste stream from IBP and Eagle Tannery is corroding the manholes. Following comments a vote was taken on the above motion with the following results. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-511. PETITIONS FROM PUBLIC 117437 - Hurley/Berry that communication from City Engineer transmitting request of Sheryl Petersen for a waiver for a concrete driveway to be located at 922 Byron Avenue, 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. 2002-512. 117438 - Hurley/Berry that communication from City Engineer transmitting request of Larry A. Phillips for a waiver for a concrete driveway to be located at 926 Byron Avenue, 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. 2002-513. 117439 - Hurley/Berry that communication from City Engineer transmitting request of Shelby Hagberg for a waiver for a concrete driveway to be located at 209 Oakridge Road, 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. 2002-514. 117440 - Hurley/Berry that communication from City Engineer transmitting request of Dell Shook for a waiver for an asphalt driveway to be located at 1621 Oakwood 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. 2002-515. 117441 - Berry/Greenwood that communication from Assistant City Planner transmitting request of Alan and Jacqueline Nicks to sell and convey vacated city right-of-way generally located northeast of the intersection of West 4th Street and Skyline Drive for $458.70 be received, placed on file and "Resolution setting date of hearing as September 9, 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 of Mayor assigned No. 2002-516. • • • August 26, 2002 • Page e 5 PETITIONS FROM PUBLIC CONTINUED 117442 - Berry/Greenwood that communication from City Planner transmitting request of Gray Transportation to vacate 8 foot utility easement generally located on the south side of Lot 6 of the Northeast Industrial Park Plat No. 1 and a 20 foot utility easement generally located on the north side of Lot 12 in the Northeast Industrial Park Plat No. 3 be received, placed on file and "Resolution setting date of hearing as September 16, 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 of Mayor assigned No. 2002-517. DOCUMENTS 117443 - Getty/Welper that communication from Senior Planner transmitting application for Harry L. Clemmensen for tax exemptions on improvements totaling $4,700.00 for property located at 1111 Longfellow 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. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-518. 117444 Getty/Welper that communication from Assistant Director of Aviation transmitting Change Order No. 3 for a net increase in the amount of $4,953.66 for work to be performed by Allied Construction Company, Inc., in conjunction with Reconstruction of Taxiway D at the Waterloo Municipal Airport, FAA AIP Project No. 3-19-0094-18, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 117445 - Getty/Welper that communication from Assistant Director of Aviation transmitting an agreement with the Iowa Department of Transportation for FY 2003 Commercial Air Service Vertical Infrastructure Program funds in the amount of $83,981.00 to be used for roof repairs in conjunction with the Waterloo Regional Airport Terminal Project 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. 2002-519. 117446 - Getty/Welper that communication from Assistant Director of Aviation transmitting an agreement with Burns & McDonnell Engineering Company, Inc., in the amount of $175,000.00 for construction phase services in conjunction with the Waterloo Regional Airport Terminal Renovation Project 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. 2002-520. RESOLUTIONS TO BE ADOPTED 117447 - Berry/Jordan that "Resolution approving allocation of Fiscal Year 2003 Mayor's Youth Initiative Funds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-521. August 26, 2002 Page 6 ORDINANCES TO BE ADOPTED 117448 - Councilperson Greenwood stated he is in favor of construction of the fiber optic network, but some citizens think Mediacom could do more. These are public buildings, the city grants the franchise, this is taxpayers' money. Councilperson Greenwood stated he does not feel it is unreasonable to ask Mediacom to bring the cable from the street right into the city buildings. Councilperson Greenwood requested that the ordinance be tabled to the September 9, 2002 council meeting. Councilperson Greenwood noted that Mediacom has been pretty cooperative, and he hopes they will negotiate this item. Councilperson Greenwood asked if the city could do the maintenance on the fiber optic network and not pay Mediacom for the maintenance. Greenwood/Getty 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)", be tabled to September 9, 2002. Ayes: Seven. 117449 - Greenwood/Getty that the Service Agreement with Mediacom approved by the council on August 12, 2002 to provide maintenance on the broadband data network provided to city buildings at a cost of $20.00 per fiber strand per location be reconsidered and placed on the September 9, 2002 council agenda. Ayes: Seven. Motion carried. BILLS PAYMENT 117450 - Jordan that "Resolution approving Schedule AP640, pp. 1-44, dated August 26, 2002, in the amount of $2,358,785.56, 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. 2002-522. NEW BUSINESS 117451 - Jordan/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 South Hills Golf Course Parking Lot Paving, Contract No. 657, be received, placed on file and approved. Ayes: Seven. Motion carried. 117452 - Berry/Jordan that plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 South Hill Golf Course Parking Lot Paving, Contract No. 657, be received and placed on file. Ayes: Seven. Motion carried. 117453 - Jordan/Getty 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. 2002-523. 117454 - Getty/Greenwood that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 9, 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. 2002-524. 117455 - Hurley/Jordan that communication from transmitting recommendation of of the Five Sullivan Brothers percent of $750,000.00, for a cost at a rate of 6 percent approving said contract", be Ayes: Seven. Building Official/Maintenance Administrator acceptance of low bid for design of renovation Convention Center to Struxture Architect at 5.65 total of $42,453.00 and additional construction , be received, placed on file and "Resolution adopted and Mayor authorized to execute same. Resolution adopteand upon approval by Mayor assi d No. 2002-525. August 26, 2002 • • ADJOURNMENT 117456 - Jordan/Clark that the Council adjourn at 6:10 p.m. Ayes: Seven. Motion carried. T'dw-1 NandEckert City Clerk Page 7