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HomeMy WebLinkAboutMinutes-05/20/2002• • May 20, 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, May 20, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Clark, Jordan, Hurley, Getty. Absent: Greenwood. Invocation by: Carol Johnson, Library Director. Pledge of Allegiance: Tom Jennings, Police Chief. ORAL PRESENTATIONS 116917 - John Holmes distributed a handout to the council regarding questions he has on the Riverfront Renaissance Plan. Mr. Holmes stated on April 22, 2002 he sent a letter to Don Temeyer, City Planner, asking for a copy of a map or other descriptions detailing which parts of the Downtown Waterloo Urban Renewal and Redevelopment Area, and which parts of the land described in Amendment #2 are designated as blighted or economic development, asked for confirmation the council has never approved a written RR plan, and asked for confirmation that no resolution or ordinance had authorized WDC to come up with the RR plan or any revisions. Mr. Holmes stated on April 23, 2002 he sent a letter to Noel Anderson, Assistant City Planner, asking which parcels of real estate the $10.8 million was earmarked to purchase real estate for the RR project, requested a map showing which parcels are to be included in any way in facility, parking or otherwise for the Rec. Complex and River Plaza, requested a list of business situated upon the parcels involved, and requested a list of names, addresses and phone numbers of all owners of affected real estate. Mr. Holmes stated on May 1, 2002 he sent a letter to Jim Walsh, City Attorney, that he had not received answers to the questions to Mr. Temeyer and Mr. Anderson. Mr. Holmes stated he would like the city to respond to his questions. Mary Hassis, 116 Courtland, stated she is glad that the city has not passed an ordinance banning burning of yard waste. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 116918 - Getty/Welper that the Agenda, as proposed, for the Regular Session on Monday, May 20, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 116919 - Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, May 13, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Presentation was made by Karen Meyer of a check from the Waterloo Exchange Club to be used for the new Skate Park. Mayor Rooff read a proclamation declaring May 25, 2002, as KOKZ Cool 105.7 Day. Presentation was made by Janet Lyons and Floyd Winter of Cedar Valley's Promise. HEARINGS AND BIDS 116920 - Getty/Jordan that proof of publication of notice of public hearing on F.Y. 2002 Greenhill Road Recreational Trail Repair -Phase 2, Contract No. 656, as published in the Waterloo Courier on May 14, 2002, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 116921 - This being the time and place of public hearing the Mayor called for written and oral objections and there were none. Jordan/Hurley that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. May 20, 2002 HEARINGS AND BIDS CONTINUED 116922 - Berry/Jordan Page 2 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2002 Greenhill Road Recreational Trail Repair -Phase 2, Contract No. 656", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-282. 116923 - Jordan/Clark that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-283. 116924 - Getty/Berry to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount Borwig Building & Supply, Waterloo, IA 5% $46,462.00 Bowers Masonry, Waterloo, IA 5% $44,662.90 Cedar Falls Construction, Cedar Falls, IA 5% $55,284.80 Rampart Corporation, Waterloo, IA 5% $41,768.00 Ayes: Six. Absent: Greenwood. Motion carried. Councilperson Clark asked if any minorities submitted bids. Eric Thorson, City Engineer, responded that 16 contractors were notified of the project, and 4 of those contractors were minorities. Mayor Rooff stated that Bill Whitcomb from the U. S. Department of Justice will be here on June 12 and June 13, 2002 and will hold three meetings to meet with minority contractors, prime contractors and city representatives. HEARINGS 116925 - Hurley/Clark that proof of publication of notice of public hearing on the proposed two-year Lease Agreement with Nathan Engelkes to lease approximately 1,348 acres of farmland at the Waterloo Municipal Airport, as published in the Waterloo Courier on May 8, 2002, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 116926 - This being the time and place of public hearing the Mayor called for written and oral objections and there were none. Mayor Rooff reported that an individual called him and said that there is nothing in the lease that protects the land, and lime is already built up on the land. Councilperson Getty stated he will ask the Airport Board on Wednesday if there is language in the lease protecting the land. Jim Walsh, City Attorney, stated that it was his understanding that bids were received from individuals wishing to lease the property, then the lease agreement was negotiated, and the Airport Board approved the lease with Nathan Engelkes. Mr. Walsh stated the council could approve the lease subject to an appropriate clause be added to the lease which protects the land. Jordan/Clark that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 116927 - Jordan/Berry that "Resolution approving said Lease Agreement subject to approval of appropriate clause to protect the land", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-284. • • May 20, 2002 • • PETITIONS FROM PUBLIC 116928 - Clark/Jordan Page 3 that communication from City Engineer transmitting request of Beverly Lynch for a waiver for an asphalt driveway to be located at 827 Belle Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-285. 116929 - Clark/Jordan that communication from Chief of Police transmitting request of The Radio Group to hold 4th Street Cruise on Saturday, May 25, 2002, from 12:00 noon to 4:30 p.m. with first route to start at 4th Street to Mulberry Street, east to 5th Street, south to Commercial Street, west to 4th Street and north to Mulberry Street, and a second route to start south on 4th Street to Jefferson Street, west to Park Avenue, north to Mulberry Street and east to 4th Street be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-286. DOCUMENTS 116930 - Hurley/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgement/settlement agreement with Econofoods, 1411 Flammang Drive, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Five. Abstain: Clark. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-287. 116931 - Hurley/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgement/settlement agreement with Hy -Vee, Inc., 1422 Flammang Drive, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Five. Abstain: Clark. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-288. 116932 - Getty/Jordan that communication from Assistant City Planner transmitting one-year Lease Agreement with Garold Titus to lease approximately 0.73 acres of property for $81.28 generally located on the undeveloped platted portion of Garden Avenue west of Wren Road be received, placed on file and "Resolution approving said Lease 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. Don Temeyer, City Planner, stated that the average lease rate in Black Hawk County is $110 to $120 per acre, and Garold Titus offered $81.28 for roughly 0.73 acres. Councilperson Getty stated that Garold Titus has been farming this property for years without approval from the city. Councilperson Hurley stated that the Building & Grounds Committee reviewed this request and approved the lease for one year, and will review the use of this land next fall. Councilperson Welper stated that the city is required to give Mr. Titus a longer notice because of Iowa legislation, and the city will probably give notice to Mr. Titus by September 1, 2002. Councilperson Getty stated the council should approve this lease for one year and have the Building & Grounds Committee take action before September 1, 2002. Following discussion a vote was taken on the above motion, with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-289. May 20, 2002 DOCUMENTS CONTINUED 116933 - Berry/Welper Page 4 that communication from Superintendent of Waste Management Services transmitting Change Order No. 11 for a net increase in the amount of $32,423.40 for work to be performed by Story Construction Co. in conjunction with Anaerobic Digesters Waterloo Water Pollution Control Facilities, Contract No. 550, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. 116934 - Welper/Jordan that communication from Superintendent of Waste Management Services transmitting Change Order No. 17 for a net increase in the amount of $38,744.00 for work to be performed by Fagen, Inc., in conjunction with Easton Avenue Water Pollution Control Facilities, Contract No. 549, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Berry asked when the project will be completed. Tim Shea, Superintendent of Waste Management Services, responded the project will be completed as soon as the change order is approved. This change order is for the purchase of equipment by the contractor, and the contractor will turn over the equipment to the city for use at the Easton Avenue building. Mr. Shea stated that the contractor is essentially done with the project except for seeding, and it is anticipated the project will be completed by the end of next month. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Motion carried. 116935 - Berry/Welper that communication from Assistant City Planner transmitting Release of Real Estate Mortgage for Joseph and Ardys Squiers for property located at 722 Water Street in conjunction with payment of Economic Development Loan 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-290. 116936 - Berry/Welper that communication from Cedar Valley Promise Project Coordinator transmitting renewal of the "Community of Promise" Covenant in conjunction with the Cedar Valley Promise be received, placed on file and "Resolution approving said covenant", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-291. RESOLUTIONS TO BE ADOPTED 116937 - Welper/Jordan that "Resolution setting date of hearing as May 28, 2002, on the issuance of not to exceed $1,000,000 General Obligation Bonds for an Essential Corporate Purpose for construction and acquisition of sanitary sewer and wastewater treatment plant improvements and related facilities", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-292. ORDINANCES TO BE ADOPTED 116938 - Jordan/Hurley that "an Ordinance amending the 2000 Traffic Code by repealing Section 61, Operation of Motor Vehicles With Expired License; Section 159, Minimum Speed Regulations; Section 406, Putting Glass, Etc. On Highway or Streets; Section 407, Removing Injurious Material; and Section 427, Vehicles in Unsafe Condition; and enacting in lieu thereof new Section 61, Operation of Motor Vehicles With Expired License; Section 159, Minimum Speed Regulations; Section 406, Putting Glass, Etc. on Highway or Streets; Section 407, Removing Injurious Material; and Section 427, Vehicles in Unsafe Condition (increase scheduled fines to coincide with State fines)", be received, placed on file, considered and passed for r e first time. Ayes: Six. sent: Greenwood. Motion carried. •Ab May 20, 2002 116939 - Hurley/Berry Page 5 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 116940 - Berry/Jordan that "an Ordinance amending the 2000 Traffic Code by repealing Section 61, Operation of Motor Vehicles With Expired License; Section 159, Minimum Speed Regulations; Section 406, Putting Glass, Etc. On Highway or Streets; Section 407, Removing Injurious Material; and Section 427, Vehicles in Unsafe Condition; and enacting in lieu thereof new Section 61, Operation of Motor Vehicles With Expired License; Section 159, Minimum Speed Regulations; Section 406, Putting Glass, Etc. on Highway or Streets; Section 407, Removing Injurious Material; and Section 427, Vehicles in Unsafe Condition (increase scheduled fines to coincide with State fines)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4552. BILLS PAYMENTS 116941 - Jordan that "Resolution approving Schedule AP640, pp. 1-86, dated May 20, 2002, in the amount of $1,408,024.09, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-293. NEW BUSINESS 116942 - Hurley/Jordan that communication from the Iowa Department of Transportation transmitting notification of July 16, 2002, letting of PCC Patching Project on I-380 from the east corporation line extending westerly to the junction with U.S. 218 be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. TRAVEL REQUESTS 116943 - Berry/Jordan that the following travel requests, which satisfy a public purpose, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Lou Ball, Fire Department Public Education Specialist, to attend Lifesavers 2002 National Conference on Highway Safety Priorities in Lake Buena Vista, Florida, on June 9-11, 2002, with costs not to exceed $1,650.00. 2. Walter Reed, Jr., Executive Director of Human Rights; Brian Krischke, Fair Housing Coordinator; Clara Wright, Nicky Rainey, Douglas Zhu and Ron Dixon, Human Rights Commissioners; and Gary Cook, Jesse Cosby Center Director, to attend National Fair Housing Policy Conference in Lake Buena Vista, Florida, on June 8-15, 2002, with costs not to exceed $10,465.00. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated these travel requests were discussed this afternoon during a Finance Committee meeting. Councilperson Getty stated the Finance Committee discussed why a federal government agency would make it mandatory to send staff to Florida for training. Councilperson Getty stated that the Finance Committee reduced the amount of the travel request for the Human Rights Commission. Councilperson Getty stated there is no reason these conferences could not be held in the Midwest. Councilperson Getty stated he is opposed to sending people that far away. Mayor Rooff stated that both of the travel requests are funded with federal dollars. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Getty. Absent: Greenwood. Motion carried. May 20, 2002 MISCELLANEOUS 116944 - Getty/Jordan Page 6 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 the following applications for Outdoor Service Area and Fireworks Display Permit be received, placed on file and approved: 1. Beer License Permit Application Class B My Waterloo Days, 100 W. 4th Street (Temporary 5/30/02-6/3/02) (Transfer to 615 Park Road) (Includes Sunday Sales) My Waterloo Days, 519 Mulberry Street (Temporary 5/30/02-6/3/02) (Includes Sunday Sales) My Waterloo Days, 100 E. Park Avenue (Temporary 5/30/02-6/3/02) (Transfer to 1000 Fletcher Avenue) (Includes Sunday Sales) 2. Beer License Permit Application Class C Osco Drug Store, 2068 Logan Avenue (Renewal) (Expires 7/5/03) (Includes Sunday Sales) Target Store, 1501 East San Marnan (Renewal) (Expires 6/27/03) (Includes Sunday Sales) 3. Liquor License Permit Application Class E Target Store, 1501 East San Marnan (Renewal) (Expires 6/27/03) (Includes Sunday Sales) 4. Wine License Permit Application Class B Target Store, 1501 East San Marnan (Renewal) (Expires 6/27/03) (Includes Sunday Sales) 5. Application for Outdoor Service Area My Waterloo Days, 100 W. 4th Street (Temporary 5/30/02-6/3/02) (Transfer to 615 Park Road) (Includes Sunday Sales) My Waterloo Days, 519 Mulberry Street (Temporary 5/30/02-6/3/02) (Includes Sunday Sales) My Waterloo Days, 100 E. Park Avenue (Temporary 5/30/02-6/3/02) (Transfer to 1000 Fletcher Avenue) (Includes Sunday Sales) 6. Application for Fireworks Display Waterloo Bucks Baseball on June 7, 15, 21, and July 26, 2002 at Riverfront Stadium Ayes: Six, with Councilperson Clark abstaining on all beer and liquor licenses. Absent: Greenwood. Motion carried. BONDS 116945 - Jordan/Clark that the report of the City Attorney and list of bonds filed with the City Clerk through May 20, 2002, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 116946 - Jordan/Berry that the Council adjourn at 6:15 carried. p.m. Ayes: Six. Absent: Greenwood. Motion '1/4-410.41: Nancy ckert City Clerk • •