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.
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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.
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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