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HomeMy WebLinkAboutMinutes-02/04/2002February 4, 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, February 4, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Councilperson Bob Greenwood. Pledge of Allegiance: Nancy Eckert, City Clerk. ORAL PRESENTATIONS 116424 - Jerry Shatzer, 1829 West 7th Street, proposed a Volunteers for Seniors at Risk Program. Seniors would volunteer to help businesses, but instead or receiving money they would receive coupons for tax credits. The seniors would take the carbon copy and turn it in to Black Hawk County. Businesses would be billed for the services provided by the seniors, but the business would not pay taxes. Mr. Shatzer suggested that Councilperson Berry chair this program. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 116425 - Jordan/Hurley that the Agenda, as proposed, for the Regular Session on Monday, February 4, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 116426- Jordan/Getty that the Minutes, as proposed, for the Regular Session on Monday, January 28, 2002, at 5:30 p.m. and Special Session on Thursday, January 31, 2002, at 8:30 a.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff presented a Certificate of Appreciation to Linda Craun for 30 years of service. HEARINGS 116427 - Jordan/Hurley that proof of publication of notice of public hearing on request of Jeffrey H. Turner for a site plan amendment to the "R -2,C -Z" Conditional One and Two Family Residence District for property generally located at 239 Sumner Street for the purpose of converting a grocery store to a beauty salon and clothing store, as published in the Waterloo Courier on January 24, 2002, be received and placed on file. Ayes: Seven. Motion carried. 116428 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Berry/Jordan 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. 116429 - Hurley/Berry that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-58. 116430 - Getty/Jordan that proof of publication of notice of public hearing on request of Cedar Skyline Corporation dba Main Street Waterloo to sell and convey property generally located to the rear of property at 210-214 East 4th Street for the development of a parking lot to the rear of the property for $1.00, as published in the Waterloo Courier on January 24, 2002, be received and placed on file. Ayes: Seven. Motion carried. February 4, 2002 Page 2 HEARINGS CONTINUED 116431 - 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. 116432 - Hurley/Greenwood 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. 2002-59. 116433 - Jordan/Greenwood that proof of publication of notice of public hearing on amendments to Zoning Ordinance and Subdivision Ordinance as it pertains to the deletion of enforcement of platted building lines, as published in the Waterloo Courier on January 24, 2002, be received and placed on file. Ayes: Seven. Motion carried. 116434 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Noel Anderson, Assistant City Planner, stated that the city would still regulate the zoning setback for specific zoning districts. The City Attorney's office instructed Planning staff that the city should not be enforcing private building line restrictions for permits, developments, etc. The zoning setback would be mandated by the Zoning Ordinance. When private property is individually developed, the parcels are platted into lots and developers stipulate the setbacks. Owners in the private developments would have to renew any setback°requirements in their subdivision. Jim Walsh, City Attorney, stated that the city will enforce setbacks in zoning districts, but not in private developments. Clark/Greenwood that the hearing be closed and the 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. 116435 - Jordan/Hurley that "an Ordinance amending Zoning Ordinance and Subdivision Ordinance as it pertains to the deletion of enforcement of platted building lines", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116436 - Greenwood/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116437 - Clark/Getty that "an Ordinance amending Zoning Ordinance and Subdivision Ordinance as it pertains to the deletion of enforcement of platted building lines", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4537. UNFINISHED BUSINESS 116438 - Hurley/Greenwood that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $44,982.00 to Peterson Contractors, Inc., of Reinbeck, Iowa, in conjunction with F.Y. 2002 Repair of Recreational Trail Bridge Over Black Hawk Creek, Contract No. 641, 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. • • • i February 4, 2002 • • UNFINISHED BUSINESS CONTINUED Page 3 Councilperson Clark stated that with the disparity in the bids received by the city for this project, the council should watch to make sure we are not inundated with change orders. Mayor Rooff responded that Peterson Contractors, Inc. are very experienced, and any change orders will be reviewed by the City Engineer. Eric Thorson, City Engineer, stated that this is an acceptable bid. The city received two high bids and two low bids. The Engineering Department talked to the two lower bidders before the contract was let. The low bidders took a close look at the specifications and the other bidders looked differently at the project.: Mr. Thorson stated he is comfortable with the bid submitted by Peterson Contractors. Mr. Thorson stated he has the authority to approve change orders up to $20,000.00, and any change order over $10,000.00 is reviewed with Mayor Rooff. 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. 2002-60. DOCUMENTS 116439 - Jordan/Greenwood that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $44,982.00 from Peterson Contractors, Inc., of Reinbeck, Iowa, in conjunction with F.Y. 2002 Repair of Recreational Trail Bridge Over Black Hawk Creek, Contract No. 641, 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. 2002-61. 116440 - Welper/Greenwood that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Rampart Corporation of Waterloo, Iowa, in conjunction with F.Y. 2002 Virden Creek Dam and Channel Repairs, Contract No. 626, and two-year maintenance bond be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-62. 116441 - Getty/Jordan that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Rampart Corporation of Waterloo, Iowa, in conjunction with F.Y. 2000 Concrete and Structure Repair, Contract No. 617, and two-year maintenance bond be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-63. 116442 - Hurley/Greenwood that communication from Waterloo Water Works General Manager transmitting Release of Real Estate Mortgage for James C. and Dawne E. Bosier, 9501 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. 2002-64. 116443 - Councilperson Getty stated that he reviewed the recommendation from the Convention & Visitors Board of Directors on funding of Hotel/Motel Tax grant applications and he would like the council to review how hotel/motel funds are spent. Councilperson Getty asked that this item be tabled until council has time to meet with the Convention & Visitors Board to discuss the Hotel/Motel grant applications. Mayor Rooff asked the City Clerk to schedule a council work session to discuss the disbursement of Hotel/Motel funds. February 4, 2002 Page 4 DOCUMENTS CONTINUED Getty/Clark that communication from Executive Director of Waterloo Convention and Visitors Bureau transmitting recommendation on allocation of hotel/motel tax grant funds be tabled indefinitely. Ayes: Seven. Motion carried. ORDINANCES TO BE ADOPTED 116444 - Jordan/Berry that "an Ordinance repealing Subsection A, Appointment; Qualifications, of Section 2-11-2, Composition and Membership, of Chapter 11, Memorial Hall Commission, of the 2001 Code of Ordinances of the City of Waterloo, Iowa; and enacting in lieu thereof a new Subsection A, Appointment; Qualifications, of Section 2-11-2, Composition and Membership, of Chapter 11, Memorial Hall Commission, of the 2001 Code of Ordinances of the City of Waterloo, Iowa (increasing the number of commission members from twelve to fifteen)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116445 - Jordan/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116446 - Berry/Greenwood that "an Ordinance repealing Subsection A, Appointment; Qualifications, of Section 2-11-2, Composition and Membership, of Chapter 11, Memorial Hall Commission, of the 2001 Code of Ordinances of the City of Waterloo, Iowa; and enacting in lieu thereof a new Subsection A, Appointment; Qualifications, of Section 2-11-2, Composition and Membership, of Chapter 11, Memorial Hall Commission, of the 2001 Code of Ordinances of the City of Waterloo, Iowa (increasing the number of commission members from twelve to fifteen)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4538. BILLS PAYMENT 116447 - Jordan/Clark that "Resolution approving Schedule AP640, pp. 1-91, dated February 4, 2002, in the amount of $474,011.00, 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. 2002-65. NEW BUSINESS 116448 - Hurley/Welper that communication from Waterloo Water Works General Manager transmitting request of Great Plains Company, Deed Holder, and Bridgett R. Sisk, Contract Purchaser, to certify $3,200.00 for work performed by Waterloo Water Works at 517 Cottage Street, together with recommendation of approval of Board of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-66. 116449 - Hurley/Welper that communication from Waterloo Water Works General Manager transmitting request of Tobin James Orcutt, Owner, and Raymond A. Derfield, Contract Purchaser, to certify $3,340.00 for work performed by Waterloo Water Works at 2186 Lafayette Street, together with recommendation of approval of Board of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-67. • • • Y February 4, 2002 NEW BUSINESS CONTINUED 116450 - Clark/Jordan • Page 5 to instruct. City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2002 Sidewalk Repair Program -Zone 2, Contract No. 648, be received, placed on file and approved. Ayes: Seven. Motion carried. 116451 - Getty/Clark that plans, specifications, form of contract, etc. in conjunction with F.Y. 2002 Sidewalk Repair Program -Zone 2, Contract No. 648 , be received and placed on file. Ayes: Seven. Motion carried. 116452 - Jordan/Hurley 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. 2002-68. 116453 - Getty/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as February 25, 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. 2002-69. TRAVEL REQUESTS 116454 - Hurley/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Steve Grimm and Ralph Baracz, Fire Instructors, to teach Technician Recertification class for Lennox Corporation in Marshalltown, Iowa, on January 29-30, 2002, with costs not to exceed $300.00, with cost to be reimbursed. 2. Rick Curran, Construction Coordinator; Gene Milton, Construction Foreman; Veryl Riggins and Rick Wagner, Park Maintenance II, to attend National Playground Safety Inspector Course and Exam in Marshalltown, Iowa, on February 26-28, 2002, with costs not to exceed $1,362.00, including the use of city vehicle. Ayes: Seven. Motion carried. MISCELLANEOUS 116455 - Getty/Jordan that the following beer and liquor license permit applications placed on file and approved and endorsed application forwarded to and Liquor Control Department and the following applications Service Area and Recycling Yard Licenses be received, placed approved: be received, the Iowa Beer for Outdoor on file and 1. Beer/Liquor License Permit Application Class C Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (Renewal) (Expires 3/11/03) (Includes Sunday Sales) Sapphire's Gentlemen's Club, 301 West 4th Street(Renewal) (Expires 2/12/03) (Includes Sunday Sales) LaFiesta Mexican Restaurant, 3551 University Avenue (New) (Expires 2/14/03) (Includes Sunday Sales) 2. Beer License Permit Application Class C Sam's Club, 210 E. Tower Park Drive (Renewal) (Expires 2/28/03) (Includes Sunday Sales) Sycamore Convenience, 614-619 Sycamore Street (Renewal) (Expires 3/11/03) (Includes Sunday Sales) Hy -Vee Food Stores, 2052 Logan Avenue (Renewal) (Expires 3/23/03) (Includes Sunday Sales) Hy -Vee Food Store, 306 Byron Avenue (Renewal) (Expires 3/23/03) (Includes Sunday Sales) February 4, 2002 Page 6 MISCELLANEOUS CONTINUED 3. Wine License Permit Application Class B Sam's Club, 210 East Tower Park Drive (Renewal) (Expires 2/28/03) (Includes Sunday Sales) Sycamore Convenience, 614-619 Sycamore Street (Renewal) (Expires 3/11/03) (Includes Sunday Sales) Hy -Vee Food Stores, 2052 Logan Avenue (Renewal) (Expires 3/23/03) (Includes Sunday Sales) Hy -Vee Food Store, 306 Byron Avenue (Renewal) (Expires 3/23/03) (Includes Sunday Sales) 4. Liquor License Permit Application Class E Sam's Club, 210 East Tower Park Drive (Renewal) (Expires 2/28/03) (Includes Sunday Sales) Sycamore Convenience, 614-619 Sycamore Street (Renewal) (Expires 3/11/03) (Includes Sunday Sales) 5. Application for Outdoor Service Area Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (Renewal) (Expires 3/11/03) (Includes Sunday Sales) 6. Recycling Yard License Application Pat's Auto Salvage, 924 Lowell Avenue Pat's Auto Salvage, 1002 Lowell Avenue Pat's Auto Salvage, 945 Lowell Avenue Northside Auto, 821 Dearborn Stuber Enterprises, Inc., 275 Rampart Lane Quails Auto Salvage & Sales, 202 Glendale Street Alter Trading Corporation, 1500 W. Airline Highway Alter Trading Corporation, 1491 David Street Kevin's Auto Parts, 953 Fulton Street Chase Auto Parts Co. Inc., 1041 Sheffield Avenue Chase Auto Parts Co. Inc., 1117 Sheffield Avenue Weekley's Auto Salvage, 110 Court Avenue Pierce Used Cars, 1500 Commercial Street Wilber Auto Body & Sales, Inc., 2220 Easton Avenue B. Schultz Company, 1500 David Street A -Line Iron & Metal, 808 Dearborn Avenue Vic Fuller Salvage & Wrecking Co., 2113 Mitchell Avenue Dick's Auto Salvage, 612 Power Street Waterloo Auto Parts, Inc., 1501 Grandview Avenue Jones Metals, 2452 Burton Avenue Plumbs R & B, 2630 W.C.F. & N Drive Litzkow Auto Recycler, Inc., 1720 Black Hawk Road TournierRecycling, 900 Fulton Street Ayes: Seven, with Councilperson Clark abstaining on Item Nos. 1-4. Motion carried. ADJOURNMENT 116456 - Jordan/Greenwood that the Council adjourn at 6:03 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk