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HomeMy WebLinkAboutMinutes-02/18/2002February 18, 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 18, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Hurley. Absent: Jordan, Getty. Invocation by: Reverend Mark Reasoner, St. Edwards Catholic Church. Pledge of Allegiance: Councilperson Ron Welper. ORAL PRESENTATIONS 116478 - Libby Lockard, Event Planner for Van G. Miller and Associates, stated that last September VGM brought the Heartland Conference to the Five Sullivan Convention Center and the Holiday Inn. Prior to the conference, VGM sent a letter and talked to several city officials about some much-needed remodeling and repairs to the Five Sullivan Brothers Convention Center. Ms. Lockard stated VGM is being asked to book the convention center for the next Heartland Conference which will be held on May 14-17, 2003. VGM is uncomfortable about committing to booking the convention with its current state. VGM is asking the city for a commitment to get those repairs done prior to them booking that space. Ms. Lockard stated that about $500,000 in basic repairs, including updating, remodeling and handicap accessibility improvements to the convention center's restrooms, were promised prior to last year's event and had been budgeted the last two years, but never done. Mayor Rooff responded that VGM does have a commitment from the city to fix it because he personally attended the conference, and he knows how much the city wants that back. Mayor Rooff asked Building Official Lou Cutwright to work with Ms. Lockard and report back to the council next week on improvement plans. Sherry Roberts and Theresa Mosley, representatives from the Roosevelt Neighborhood Association, asked the council to rectify a situation. Since October 2001, Roosevelt Neighborhood Association has been contacting various city departments to board a house at 228 Gable Street. The house has been vacant for some time. Windows and doors are broken, and the Association fears that eithe;,illegal activities could eventually transpire there or the youth might be tempted to explore the contents of the house and get hurt. The Association was told that there is a process that must be followed in order to accomplish their goal, but they feel that four to five months is more than enough time to get the property secured and boarded up. Neighborhood Services and Code Enforcement have been contacted by the Neighborhood Association. Mayor Rooff responded that he will speak with them tomorrow. Martin Culpepper stated the members of the Cedar Valley Minority Contractors Association want the program they drafted from Jack Fellenzer's program. This is the means to have a program that will work. The city council makes the rules. The program is suppose to be set up, for WBE/MBE and the business people should be involved. The Association would appreciate the council's input. Clark/Greenwood that the above oral comments be received and placed on file. Ayes: Five. Absent: Jordan, Getty. Motion carried. 116479 - Hurley/Clark that the Agenda, as proposed, for the Regular Session on Monday, February 18, 2002, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Jordan, Getty. Motion carried. 116480 - Berry/Clark that the Minutes, as proposed, for the Regular Session on Monday, February 11, 2002, at 5:30 p.m. be accepted and approved. Ayes: Five. Absent: Jordan, Getty. Motion carried. Paul Huting, Leisure Services Director, presented a Certificate of Appreciation to David Hankes for 30 years of service. Paul Huting, Leisure Services Director, presented a Certificate of Appreciation to Gary McDonald for 30 years of service. February 18, 2002 Page 2 UNFINISHED BUSINESS 116481 - Hurley/Clark that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $64,121.00 to True Ride, Inc., of Duluth, Minnesota, in conjunction with Manufacture and Installation of Skate Park Equipment 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. Councilperson Greenwood asked about the liability to the city. City Attorney Jim Walsh responded that there is always a potential of liability. The State Legislators did make it harder for a city to be liable as they realized skateboard parks are dangerous. There is some liability as the kids will be there alone, and the city will not supervise the skateboard park. Tom Reardon, Sports Commissioner, stated that the city received word last week that McElroy Trust has awarded the city a $10,000 grant that will go toward the cost of the equipment. Jack Fischels, 155 Terrace Drive, stated that he has watched the skateboard park evolve. Skateboarders are not a sue happy crowd. Mr. Fischels stated that the parents want to thank the Council, Mayor Rooff, and especially Harold Getty. Mark Gallagher and Tom Reardon have attended all the meeting, and they appreciate all the effort involved. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-83. PETITIONS FROM PUBLIC 116482 - Clark/Welpe"r that communication from City Clerk transmitting request of Bruce Stiles for an exception to burning yard waste to burn parts of 23 acres of prairie grass located on the north side of Big Rock Road, one-fourth mile west of Logan Avenue from March 16 - April 27, 2002, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services, be received, placed on file, and "Resolution approving said request", be adopted. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-84. REPORTS 116483 - Berry/Greenwood that communication from City Planner transmitting Fiscal Year 2000-2001 annual Planning, Programming and Zoning Report be received and placed on file. Ayes: Five. Absent: Jordan, Getty. Motion carried. DOCUMENTS 116484 - Welper/Greenwood that communication from City Engineer transmitting an agreement with the Iowa Department of Transportation adopting the Unified Certification Program (UCP) 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. Eric Thorson, City Engineer, stated that the federal government is requiring that all Department of Transportation (DOT) recipients of DOT funding participate in a Unified Certification Program for Disadvantaged Business Enterprise requirement. Adopting the IDOT Unified Certification Program will only make this a requirement for DOT funded projects and not projects solely funded by city funds. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-85. February 18, 2002 DOCUMENTS CONTINUED 116485 - Hurley/Greenwood Page 3 that communication from Building Official/Maintenance Administrator transmitting 28E Agreement with Black Hawk County to provide building maintenance administration services be received, placed on file and "Resolution approving said 28E Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Four. Nays: Clark. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-86. 116486 - Berry/Welper that communication from Senior Planner transmitting application for Bernard McKinley Jr. for tax exemptions on improvements totaling $26,428.00 for property located at 729 West 5th 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: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-87. 116487 - Berry/Welper that communication from Senior Planner transmitting application for Bernard McKinley Jr. for tax exemptions on improvements totaling $8,950.00 for property generally located near the curve where West 5th Street changes to West 6th 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: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-88. 116488 - Berry/Welper that communication from Senior Planner transmitting application for Bernard McKinley Jr. for tax exemptions on improvements totaling $17,800.00 for property located at 719-723 West 5th 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: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-89. 116489 - Berry/Welper that communication from Senior Planner transmitting application for Melissa Berry for tax exemptions on improvements totaling $81,778.00 for property located at 1109 Calhoun 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: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-90. 116490 - Clark/Welper that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in conjunction with F.Y. 2001 Rath Vertical Kill Building Demolition, Contract No. 628, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-91. February 18, 2002 DOCUMENTS CONTINUED Page 4 116491 - Clark/Welper that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Weichers Construction, Inc., of Cedar Falls, Iowa, in conjunction with F.Y. 1998 Midport America Park, Plat No. 1, Sanitary Sewer, Contract No. 547, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-92. 116492 - Clark/Welper that communication from Superintendent of Waste Management Services transmitting Change Order No. 10 for a net increase in the amount of $34,731.00 for work to be performed by Story Construction Co. in conjunction with Anaerobic Digester Project, Contract No. 550, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Jordan, Getty. Motion carried. 116493 - Clark/Welper that communication from City Planner transmitting Scope of Services agreement with Howard R. Green Consulting Engineers at a cost of $4,400.00 to prepare grant application for National Parks Service Urban Park and Recreation Recovery funds in conjunction with rehabilitation of recreational sites in the Rath Neighborhood Area be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five, Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-93. 116494 - Clark/Welper that communication from Assistant City Planner transmitting an application with the Environmental Protection Agency for Environmental' Justice grant in the amount of $20,000.00 for evaluation of U.S. 63 traffic and potential roadway improvements, impacts on adjacent residential areas and compatibility with city's plan for redevelopment in conjunction with the U.S. Highway 63 Corridor Study from U.S. Highway 218 to Donald Street be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-94. 116495 - Clark/Welper that communication from Assistant City Planner transmitting an application with the Environmental Protection Agency for Environmental Justice grant in the amount of $20,000.00 to perform a market analysis to determine industries to be targeted for location in the Rath Neighborhood Brownfields Assessment Demonstration Pilot Project area be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-95. RESOLUTIONS TO BE ADOPTED 116496 - Larry Burger, Vice President of Speer Financial, Inc. stated that refunding is similar to refinancing a house. This is a good opportunity to take advantage of the market, and this will not extend the life of the bonds. The estimated savings is $100,000 in refinancing the bonds. Berry/Welper that "Resolution setting date of hearing as March 4, 2002, on the issuance of not to exceed $5,400,000 General Obligation Refunding Bonds for an Essential Corporate Purpose", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-96. February 18, 2002 RESOLUTIONS TO BE ADOPTED CONTINUED 116497 - Hurley/Clark Page 5 that "Resolution setting date of hearing as March 8, 2002, at 5:30 p.m. on F.Y. 2003 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-97. ORDINANCES TO BE ADOPTED 116498 - Berry/Welper that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (382) Sycamore Street of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (382) Sycamore Street of Section 551, Parking Prohibited At All Times On Certain Streets; and repealing Subsection (13) Sycamore Street of Section 563, One Hour Parking; and enacting in lieu thereof a new Subsection (13) Sycamore Street of Section 563, One Hour Parking (allowing one hour restricted parking on the northeast side of the 1300 block of Sycamore Street)", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Jordan, Getty. Motion carried. 116499 - Berry/Welper that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Section 4-4-12, Right of Entry; Refuse Admittance, of Chapter 4, Litter Control of Title 4, Public Health and Safety (repealing right of entry)", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Jordan, Getty. Motion carried. BILLS PAYMENT 116500 - Hurley that "Resolution approving Schedule AP640, pp. 1-73, dated February 18, 2002, in the amount of $929,854.92, 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: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-98. NEW BUSINESS 116501 - Clark/Hurley to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with Cedar River/Exchange Skate Park and Basketball Court Project be received, placed on file and approved. Ayes: Five. Absent: Jordan, Getty. Motion carried. 116502 - Clark/Hurley that plans, specifications, form of contract, etc. in conjunction with Cedar River/Exchange Skate Park and Basketball Court Project be received and placed on file. Ayes: Five. Absent: Jordan, Getty. Motion carried. 116503 - Clark/Berry that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-99. 116504 - Clark/Greenwood that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 18, 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: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-100. February 18, 2002 NEW BUSINESS CONTINUED Page 6 116505 - Hurley/Greenwood to instruct Building Official/Maintenance Administrator to prepare Request for Proposals, form of contract, etc. in conjunction with 2002 Cleaning Contract for City Hall, Carnegie Annex and Police Training Center, be received, placed on file and approved. Ayes: Five. Absent: Jordan, Getty. Motion carried. 116506 - Hurley/Clark that Request for Proposals, form of contract, etc. in conjunction with 2002 Cleaning Contract for City Hall, Carnegie Annex and Police Training Center, be received and placed on file. Ayes: Five. Absent: Jordan, Getty. Motion carried. 116507 - Hurley/Welper that "Resolution preliminarily approving Request for Proposals, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-101. 116508 - Hurley/Greenwood that "Resolution setting date of hearing on form of contract, etc. as March 11, 2002, at 5:30 p.m. in the City Hall Council Chambers and taking of Request for Proposals on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2002-102. TRAVEL REQUESTS 116509 - Greenwood/Berry that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. James Oliver, Police Officer, to attend Police Tactical Unit Training and Certification in Cedar Rapids, Iowa, on February 25-28, 2002, with costs not to exceed $270.00. Ayes: Five. Absent: Jordan, Getty. Motion carried. MISCELLANEOUS 116510 - Hurley/Greenwood 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 applications for Cigarette License Permit be received, placed on file and approved: 1. Beer License Permit Application Class C Hy -Vee Food Store, 4000 University Avenue (Renewal) (Expires 3/15/03) (Includes Sunday Sales) 2. Beer License Permit Application Class B The Grand Hotel, 300 W. Mullan Avenue (Renewal) (Expires 4/12/03) (Includes Sunday Sales) 3. Wine License Permit Application Class B Hy -Vee Food Store, 4000 University Avenue (Renewal) (Expires 3/15/03) (Includes Sunday Sales) 4. Application for Cigarette License Permit Blue River, Inc., 801 Commercial Street 3 Star Mart, 127 Jefferson Street The Pit Stop, 1459 Ansborough Avenue Club Wanabes, 226 West 5th & Jefferson Street Ayes: Four. Abstain: Clark. Absent: Jordan, Getty. Motion carried. • February 18, 2002 BONDS 116511 - Greenwood/Berry Page 7 that the report of the City Attorney and list of bonds filed with the City Clerk through February 18, 2002, be received, placed on file and report and bonds be approved. Ayes: Five. Absent: Jordan, Getty. Motion carried. ADJOURNMENT 116512 - Clark/Berry that the Council adjourn at 6:06 p.m. Ayes: Five. Absent: Jordan, Getty. Motion carried. Nancy" Eckert City Clerk