HomeMy WebLinkAboutMinutes-06/24/2002• •
June 24, 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, June 24, 2002. Mayor John R. Rooff in
the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty.
Invocation by: Tim Shea, Superintendent of Waste Management Services.
Pledge of Allegiance: Denny Bell, Superintendent of Central Garage.
ORAL PRESENTATIONS
117145 - Ben Warren, 1210 Columbia, asked why the ballot question on the Riverfront
Renaissance Plan does not allow voters to chose either between 100 percent for
roads or 100 percent for the Renaissance Plan. Mr. Warren questioned why it
takes so long to tear down dilapidated houses.
Don Temeyer, City Planner, replied we would need to know which specific house
he is talking about. Dilapidated houses are reviewed on a house by house
basis. Sometimes the house is sold or goes to court, then the city has to
start the process over.
Bill Bartels, 646 Summit, reported that the last several months the home next
to him has been vacant. Parts of the lawn are over 22 inches long and the
grass is over 14 inches long. Lou Cutwright, Building Official/Maintenance
Administrator, replied that by city code grass exceeding a height of 12 inches
is a nuisance and in violation of the weed ordinance. Mr. Cutwright stated
that the city writes citations on a complaint basis only. When the city
receives a complaint, the property owner is notified that they have five days
to abate the violation. If the nuisance is not corrected within five days, the
city will mow the grass and bill the property owner. Mr. Bartels stated he
feels 12 inches is too long. Mayor Rooff asked Mr. Bartels to send a letter to
the Ordinance Committee requesting the committee to look at the weed ordinance
and the 12 inch requirement.
Jordan/Welper
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
117146 - Getty/Jordan
that the Agenda, as proposed, for the Regular Session on Monday, June 24, 2002,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
117147 - Hurley/Greenwood
that the Minutes, as proposed, for the Regular Session on Monday, June 17,
2002, at 5:30 p.m., and the Special Session on Thursday, June 20, 2002, at 8:30
a.m. be accepted and approved. Ayes: Seven. Motion carried.
CONSENT AGENDA
117148 - Jordan/Berry
that the following items on the consent agenda be received, placed on file and
approved:
a. Approve the following:
1. Communication from Mayor Rooff transmitting reappointment of Robert
Griffin, with term expiration date June 30, 2008, to the Board of
Library Trustees.
2. Communication from Mayor Rooff transmitting appointment of John
Eveland, with term expiration date of February 7, 2003; and
reappointment of Thomas Langlas, Mike Marlow and George Warren, with
term expiration date of February 7, 2005, to the Planning, Programming
and Zoning Commission.
3. Communication from Mayor Rooff transmitting appointment of Reverend
Jay R. Burt, with term expiration date of May 7, 2005; and
reappointment of Billie Bailey, with term expiration date of May 7,
2005 to the Design Review Board.
June 24, 2002 Page 2
CONSENT AGENDA CONTINUED
4. Communication from Mayor Rooff transmitting appointment of Michelle
Weidner, with term expiration date of July 1, 2005; and reappointment
of Sonia Johannsen, Chuck Andrews, Ted Schuler and Loretta Kemp, with
term expiration date of July 1, 2004, and Harold Andrews, Essie
Johnson Buls and Sharon Droste, with term expiration date of July 1,
2005, to the Waterloo Metropolitan Transit Authority.
b. Communication from Chief Financial Officer transmitting March 2002
Financial Report with total revenues of $4,616,151.26 and total
expenditures of $4,458,937.36, April 2002 Financial Report with total
revenues of $15,016,596.94 and total expenditures of $7,950,770.71 and May
2002 Financial Report with total revenues of $11,424,893.89 and total
expenditures of $19,508,388.31 be received and placed on file. Ayes: Six.
Absent: Berry. Motion carried
c. Communication from City Clerk transmitting request of J's R & B Lounge, 501
Independence Avenue, for a variance to the Noise Ordinance on July 6, 2002,
from 4:00 p.m. to 10:00 p.m. to allow a band to play in outdoor service
area, together with recommendation of approval of Police Chief.
d. Approve the following:
1. Beer/Wine License Permit Application
Special Class C
Young Arena, 125 Commercial (Transfer to 225 Commercial Street on July
6, 2002)
2. Liquor License Permit Application
Class E
Hy -Vee, Inc., 1422 Flammang Drive (Renewal) (Expires 7/21/03)
(Includes Sunday Sales)
3. Beer/Liquor License Permit Application
Class C
Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/28/03)
(Includes Sunday Sales)
Sonny's Grill, 126 East Ridgeway (New) (Expires 7/10/03) (Includes
Sunday Sales)
Club Wanabe's, 226 West 5th Street (Renewal) (Expires 6/19/03)
(Includes Sunday Sales)
4. Application for Outdoor Service Area
Sonny's Grill, 126 East Ridgeway Avenue (7/10/02-7/10/03)
J's R & B Lounge, 501 Independence Avenue (7/6/02)
5. Recycling Yard License Application
A -Line Iron & Metal, 808 Dearborn Avenue
Alter Trading Corporation, 1500 W. Airline Highway
Alter Trading Corporation, 1491 David Street
Chase Auto Parts Co. Inc., 1041 Sheffield Avenue
Chase Auto Parts Co. Inc., 1117 Sheffield Avenue
Dick's Auto Salvage, 612 Power Street
Jones Metals, 2452 Burton Avenue
Kevin's Car & Truck, 953 Fulton Street
Northside Auto, 821 Dearborn Avenue
Pat's Auto Salvage, 924 Lowell Avenue
Pat's Auto Salvage, 1002 Lowell Avenue
Pat's Auto Salvage, 945 Lowell Avenue
Pierce Used Cars, 1500 Commercial Street
Plumbs R & B, 2630 W.C.F. & N. Drive
Quails Auto Salvage & Sales, 202 Glendale Street
Stuber Enterprises, Inc., 275 Rampart Lane
Tournier Recycling, 900 Fulton Street
Vic Fuller Salvage & Wrecking Co., 2113 Mitchell Avenue
Waterloo Auto Parts, Inc., 1501 Grandview Avenue
Weekley's Auto Salvage, 110 Court Avenue
Wilber Auto Body & Sales, Inc., 212 West 9th Street
e. Report of the City Attorney and list of bonds filed with the City Clerk
through June 24, 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.
• •
June 24, 2002
• •
HEARINGS AND BIDS
117149 - Jordan/Welper
Page 3
that proof of publication of notice of public hearing on F.Y. 2002 Asphalt
Overlay Program, Contract No. 645, as published in the Waterloo Courier on June
17, 2002, be received and placed on file. Ayes: Seven. Motion carried.
117150 - 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.
117151 - Hurley/Jordan
that "Resolution confirming approval of specifications, form of contract, etc.
in conjunction with F.Y. 2002 Asphalt Overlay Program, Contract No. 645", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-371.
117152 - Getty/Hurley
that "Resolution ordering construction in conjunction with above said project",
be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Berry asked if this project warrants subcontracting. Eric
Thorson, City Engineer, responded that the Asphalt Overlay Program typically
does not lend itself to subcontractors except for some sidewalk, driveway and
storm sewer intake work. Mr. Thorson stated that approximately $100,000 of the
contract would include work for subcontractors. Mr. Thorson stated he has a
meeting with Jack Fellenzer, Contract Compliance Officer, in the morning to
review the bid for contract compliance.
Councilperson Berry stated that only one contractor bid on the project and
asked if bids are requested from contractors outside of the city. Mayor Rooff
responded that the bid documents are available for all contractors, but
historically we have only received a bid from Aspro, Inc., a local asphalt
company.
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. 2002-372.
117153 - Welper/Jordan
to receive, file and instruct City Clerk to open and read bids and refer to
City Engineer for review:
Bidder
Bid Bond Bid Amount
Aspro, Inc. & Subsidiaries, Waterloo, IA 5% $2,425,415.28
Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
117154 - Getty/Welper
that communication from Leisure Service Director transmitting recommendation of
award of contract in the amount of $29,547.00 to Paul G. Christensen
Construction of Cedar Falls, Iowa, in conjunction with Re -roof of Concession
Stand at Waterloo Riverfront Stadium, be received, placed on file and
"Resolution approving said award of contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-373.
June 24, 2002
PETITIONS FROM PUBLIC
117155 - Berry/Welper
Page 4
that communication from City Engineer transmitting request of Louis Carter,
Jr., for a waiver for a concrete driveway to be located at 2540 Burton 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. 2002-374.
117156 - Berry/Welper
that communication from City Planner transmitting request of Gray
Transportation for a site plan amendment to the "M -2,P" Planned Industrial
District for construction of a new 18,000 square foot facility generally
located in the Northeast Industrial Park Plat No. 1 be received, placed on file
and "Resolution setting date of hearing as July 8, 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. 2002-375.
117157 - Berry/Welper
that communication from City Planner transmitting proposed Development
Agreement with Gray Transportation to sell and convey for $1.00 approximately
ten (10) acres of land generally located in the Northeast Industrial Park Plat
No. 1 to construct of a new 18,000 square foot facility with tax rebatement for
five years at 50 percent with a minimum assessment of $1,200,000.00 be
received, placed on file and "Resolution setting date of hearing as July 8,
2002 at 5:30 p.m. in the City HalL Council Chambers on the above described
Development Agreement", be adopted and City Clerk instructed to publish notice
of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-376.
REPORTS
117158 - Jordan/Hurley
that communication from Chief Financial Officer transmitting City of
Comprehensive Annual Financial Report for Fiscal Year Ended June 30,
received, placed on file and "Resolution approving said report", be
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-377.
DOCUMENTS
117159 Clark/Jordan
that communication from Leisure Services
and Certificates of Insurance in the
Christensen Construction of Cedar Falls,
Concession Stand at Waterloo Riverfront
and "Resolution approving said documents"
authorized to execute same. Ayes: Seven.
Waterloo
2001, be
adopted.
Director transmitting Contracts, Bonds
amount of $29,547.00 from Paul G.
Iowa, in conjunction with Re -roof of
Stadium, be received, placed on file
, be adopted and Mayor and City Clerk
Resolution adopted and upon approval by Mayor assigned No. 2002-378.
117160 - Clark/Jordan
that communication from Senior Planner transmitting application for Darrel Hoff
for tax exemptions on improvements totaling $3,180.00 for property located at
123 Dearborn 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. 2002-379.
! June 24, 2002
• •
RESOLUTIONS TO BE ADOPTED
117161 - Berry/Welper
Page 5
that "Resolution transferring the amount of $3,002,000.00 from the Trust and
Agency Fund to the General Fund", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Hurley asked why the city doesn't pay directly from the Trust and
Agency Fund. Michelle Weidner, Chief Financial Officer, responded we could,
but the tax levy is deposited to the Trust and Agency Fund when collected and
is available for transfer to the General Fund to reimburse the General Fund for
employee benefits. Ms. Weidner stated this is for record keeping purposes. We
are transferring $3,002,000 from the Trust and Agency Fund at this time.
Bill Bartels, 646 Summit, asked why the city keeps transferring millions from
the Sewer Fund to the Debt Service and General Funds, and then the city wants
to raise sewer rates. Ms. Weidner responded that the city has undergone
extensive construction at the sewer plant. The construction is funded 55
percent with federal funds and 45 percent city funds. Ms. Weidner stated the
city could have issued sewer revenue bonds, but they come with higher interest
rates and citizens would have to pay more interest rate. The last few years of
construction of the sewer plant, the city has used GO Bonds dedicated for sewer
construction, and that is why the transfer is being made. Ms. Weidner stated
that the transfer of $200,000 from the Sewer Fund to the General Fund was
budgeted in the FY02 Budget to keep taxes down.
Mayor Rooff stated that no sewer fees have been raised yet. The city had a
sewer plant that was over 50 years old. Mayor Rooff stated that the council is
looking at other options so that our budget no longer depends on the sewer
funds. Mr. Bartels stated the city keeps taking money out of his pocket for
either taxes or the General Fund.
Councilperson Hurley questioned why the resolution authorizing reallocation of
bond proceeds among various projects is transferring $240,000 from street
improvements to sidewalk repair. Ms. Weidner responded that generally some
kind of street project comes up which is partially funded by RISE funds which
the city must match. Some of the projects did not proceed as planned so the
funds were reallocated rather than let them sit there and allows us to use the
bonds efficiently.
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. 2002-380.
117162 - Berry/Welper
that "Resolution transferring the amount of $818,630.00 from Sewer Fund to the
Debt Service Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-381.
117163 - Berry/Welper
that "Resolution transferring the amount of $1,050,000 from the TIF Debt
Service Fund to the Debt Service Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-382.
117164 - Berry/Welper
that "Resolution transferring the amount of $200,000.00 from the Sewer Fund to
the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-383.
117165 - Berry/Welper
that "Resolution authorizing reallocation of bond proceeds among various
projects", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-384.
June 24, 2002 Page 6
RESOLUTIONS TO BE ADOPTED CONTINUED
117166 - Berry/Welper
that "Resolution transferring the amount of $72,000.00 from the General Fund to
the Debt Service Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-385.
117167 - Berry/Welper
that "Resolution transferring the amount of $200,000.00 from Sixth
Street/Martin Luther King Drive Fund to the Debt Service Fund", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-386.
117168 - Berry/Welper
that communication from City Clerk transmitting request to certify to property
taxes certain unpaid sewer and garbage fees 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. 2002-387.
ORDINANCES TO BE ADOPTED
117169 - Jordan/Welper
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection B, Nominating Method Used, of Section
1-7-1, Nomination Procedures Adopted, of Chapter 7, Municipal Elections, of
Title 1, Administration; and enacting in lieu thereof a new Subsection B,
Providing for Runoff Elections, of Section 1-7-1, Nomination Procedures
Adopted, of Chapter 7, Municipal Elections, of Title 1, Administration, of the
2001 Code of Ordinances of the City of Waterloo. (provide runoff elections for
municipal elections)", be tabled indefinitely. Ayes: Seven. Motion carried.
BILLS PAYMENT
117170 - Jordan
that "Resolution approving Schedule AP640, pp. 1-116, dated June 24, 2002, in
the amount of $1,761,168.71, 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. 2002-388.
NEW BUSINESS
117171 - Hurley/Jordan
that communication from City Clerk transmitting renewal of Inland Marine,
General Liability, Automobile Liability, Law Enforcement, Public Officials
Errors and Omissions, and Umbrella with St. Paul Insurance at a cost of
$499,477.00 be received, placed on file and "Resolution approving said
insurance policies", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Greenwood stated that a breakdown of the quotes shows an option
with St. Paul which has a $50,000 deductible with an aggregate of $250,000 loss
cap. This option was not discussed during last week's work session.
Councilperson Greenwood stated he thinks this is an option the city should
think about doing. Councilperson Greenwood stated he feels the city needs to
take a little more risk to get a lower rate.
Frank Dowie, representing PDCM, stated that the proposal presented last week
with a $50,000 deductible did not have the $250,000 loss cap. Mr. Dowie stated
he asked St. Paul if they would cap the $50,000 deductible at $250,000, and St.
Paul agreed to do that. Mr. Dowie stated he met with the Insurance Committee
and with the conservative philosophy they did not feel the city was ready to go
to a $50,000 deductible. The Insurance Committee would like to build up a
reserve fund so that the city could look at higher deductible programs and self
insured retention. Mr. Dowie stated the city has been very fortunate on its
liability claims. Mr. Dowie stated we will make every effort to go to $50,000
deductible withcap next year.
•
June 24, 2002
NEW BUSINESS CONTINUED
•
Page 7
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Nays: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2002-389.
117172 - Welper/Jordan
that communication from City Clerk transmitting request to recertify the amount
of $9,600.00 for work performed by the Waterloo Water Works at 1208 Logan
Avenue and to rescind Resolution No. 1998-723 in its entirety be received,
placed on file and "Resolution approving said request", be adopted.
Councilperson Clark asked that this item be tabled for two weeks.
Jordan/Getty
that communication from City Clerk transmitting request to recertify the amount
of $9,600.00 for work performed by the Waterloo Water Works at 1208 Logan
Avenue and to rescind Resolution No. 1998-723 in its entirety be tabled for two
weeks". Ayes: Seven. Motion carried.
TRAVEL REQUESTS
117173 - Berry/Jordan
that the following travel request, which satisfies a public purpose, with
expenses not to exceed amount shown, be received, placed on file and approved:
1. John R. Rooff, Mayor; Donald Temeyer,
Community Development Director, to
Funding opportunities for Affordable
14-16, 2002, with costs not to exceed
City Planner; and Richard W. Earles,
attend meeting to discuss Federal
Housing in Washington, D.C., on July
$4,032.00.
Ayes: Seven. Motion carried.
ADJOURNMENT
117174 - Jordan/Getty
that the Council adjourn at 6:04 p.m. Ayes:
Seven. Motion carried.
Nancy Eckert
City Clerk