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HomeMy WebLinkAboutMinutes-10/07/2002October 7, 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, October 7, 2002. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Welper, Greenwood, Clark, Jordan, Hurley, Getty. Absent: Berry. Invocation by: Reverend James Carstensen, Good Shepard Lutheran Church. Pledge of Allegiance: Johnathan Wright, Trevor Zuck, Alex Matthias, Cody Hageman, Ross Wagenhofer, Derek Wagenhofer, Chris Stern, Senior Patrol Leader, and Jerry Hageman, Scoutmaster, Troop 106, Kittrell School. 117608 - Jordan/Welper 117609 - 117610 - that the Agenda, as proposed, for the Regular Session on Monday, October 7, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Berry. Motion carried. Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, September 30, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Berry. Motion carried. Mayor Pro Tem Getty read a proclamation declaring October 11, 2002, as Lights On After School Day. Councilperson Tim Hurley read a proclamation declaring the second week in October 2002 as Earth Science Week. CONSENT AGENDA Jordan/Greenwood that the following items on the consent agenda be received, placed on file and approved: a. b. Approve the following: 1. Wilson Carter, Fire Lieutenant, to attend Course Design Instructional Methodology Class in Emmitsburg, Maryland, on December 2-13, 2002, with costs not to exceed $198.00. 2. Michael Vauthier and Robert Greenlee III, Police Officers, to attend Urban Potential Seminar in Waterloo, Iowa, on October 1, 2002, with costs not to exceed $396.00. 3. Rich Hesse and Brian Weldon, Police Officers, to attend International Association of Bomb Technicians and Investigators Conference in Indianapolis, Indiana, on October 26 -November 1, 2002, with costs not to exceed $1,734.00, including the use of city vehicle. 4. Cammie Scully, Director of Cultural & Arts Commission, Association of Midwest Museums Conference in Minneapolis, on November 14-16, 2002, with costs not to exceed $425.00. 5. Communication from City Clerk transmitting appointment of to the position of Clerk II, effective October 14, 2002. Approve the following: 1. Beer/Liquor License Permit Application Class C Cadillac Bowling Lanes, 650 LaPorte Road (Renewal) (Expires (Includes Sunday Sales) 2. Beer License Permit Application Class C Kwik Trip, 506 West 9th Street (Renewal) Sunday Sales) Petro and Provisions, 2100 Lafayette Street (Renewal) 09/30/03) (Includes Sunday Sales) Tobacco Outlet, 1803 LaPorte Road (Renewal) (Expires 10/14/03) (Includes Sunday Sales) (Expires 11/18/03) to attend Minnesota, Rae Frogge 10/04/03) (Includes (Expires 3. Beer/Wine License Permit Application Special Class C Doughy Joey's, 300 West (Includes Sunday Sales) 4th Street (Renewal) (Expires 10/08/03) October 7, 2002 Page 2 CONSENT AGENDA CONTINUED 4. Cigarette Permit Application Currency Inc./Korner Cutz, 829 East 4th Street c. Report of the City Attorney and list of bonds filed with the City Clerk through October 7, 2002, be received, placed on file and report and bonds be approved. d. Approve the following resolutions: 1. Communication from City Engineer transmitting request of Linden United Methodist Church for a waiver for a concrete driveway to be located at 301 Butler Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-600. 2. Communication from City Engineer transmitting request of John Proctor for a waiver for a concrete driveway to be located at 1306 Fulton Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-601. Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Berry. Motion carried. HEARINGS AND BIDS 117611 - Jordan/Welper that proof of publication of notice of public hearing on F.Y. 2003 Iry Warren Memorial, Gates and South Hills Golf Courses and Byrnes Park Parking Lots Paving, Contract No. 658, as published in the Waterloo Courier on October 1, 2002, be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated that he would be voting nay on this project because he dislikes letting bids for construction projects that the city does not include specifications for concrete. Councilperson Clark stated when the city bids asphalt only, we receive only one bid. The city needs to do a cost cycle analysis and give the council some options. Councilperson Hurley concurred with Councilperson Clark and stated he also will vote nay on this project. Dennis Gentz, Assistant City Engineer, stated that they have looked at thin overlays, but the technology for thin concrete overlay (2") is just developing. Mr. Gentz stated that a thicker concrete overlay, such as the one on Airline Highway with a six or seven inch overlay worked well. Councilperson Jordan asked if a road could be overlaid with concrete. Mr. Gentz responded that we could, especially with a thicker overlay, but a thin concrete overlay is still being evaluated. Councilperson Clark stated that he spoke with a concrete contractor while attending an Iowa League of Cities meeting, and the contractor said the same as Mr. Gentz, except they do it all the time and would like to give the city a bid. A local contractor also said he would like to bid on a concrete overlay project. Councilperson Clark stated he just feels it is time the city looks at a concrete overlay. Councilperson Jordan stated he is all for looking at something new and asked if we need to proceed with this project tonight. Mayor Pro Tem Getty stated that originally the Engineers designed the project with concrete and a curb for water. The thickness of the current parking lots was looked at and they have a good base for an overlay. Mayor Pro Tem Getty stated that the Leisure Services Board looked at the cost for concrete vs. overlay, and using an overlay three lots could do be done for the same price as concrete. Paul Huting, Leisure Services Director, stated that the reason to move forward on this project is so that construction could be completed this fall, as ideally fall works for golf course improvements. • • October 7, 2002 HEARINGS AND BIDS CONTINUED Page 3 Councilperson Clark stated he does not advocate the city hold off on this project tonight, but he just is letting everyone know that we need to get comparisons. Mayor Pro Tem Getty stated that asphalt is much thicker than cement, and the process includes an underlay and asphalt on top. The Engineering Department and Leisure Services Commission thought it was best to go with black top. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Berry. Motion carried. 117612 - This being the time and place of public hearing the Mayor Pro Tem 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: Six. Absent: Berry. Motion carried. 117613 - Jordan/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Iry Warren Memorial, Gates and South Hills Golf Courses and Byrnes Park Parking Lots Paving, Contract No. 658", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley stated that his concerns go back to all the discussions that in order to make the best decision, we need to include life cycle analysis, and we need to force as much competition as we can. Councilperson Hurley stated he wants to feel better about South Hills. The project was included in Leisure Services list of projects, and city staff asked to put together specifications for the South Hills Projects in compliance with our regulations. At the 11th hour, we backed off and said there is a better way to do the project. Mr. Gentz stated that originally the design was just for South Hills, which included concrete and asphalt. Then an addendum was sent out to the contractors that the city would not receive these bids. Staff then received direction to do the overlay on all three golf course parking lots. Councilperson Jordan asked if the city could have requested bids for both concrete and asphalt. Mr. Huting stated that the South Hills parking lot was identified as highest priority. If we don't accept the bids tonight, it could be another year before we proceed. Mr. Huting stated we didn't think we would have enough money to do all the parking lots. Mr. Huting stated that Gates parking lot is falling apart. Byrnes is not as bad, but should be fixed to keep it from getting in the same shape as Gates. Mr. Huting stated that an overlay could last 15 years. Councilperson Jordan stated he will support the project although he supports Councilpersons Clark and Hurley. The Leisure Services Commission has approved the overlay project, and he would hate to stop it at the 11th hour. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Clark, Hurley. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-602. Councilperson Hurley asked if each division gets treated the same concerning minority contractors. Mr. Gentz responded that any project of $50,000 or more must follow the new minority contractor guidelines. Councilperson Hurley asked if the city will look at minority compliance for each division. Mr. Gentz responded that the specifications stated that each division could be awarded separately as a separate contract. 117614 Welper/Greenwood that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Four. Nays: Clark, Hurley. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-603. October 7, 2002 HEARINGS AND BIDS CONTINUED 117615 - Jordan/Greenwood Page 4 to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Iry Byrnes South Bid Warren Park Gates Hills Bond Div. I Div. II Div. III Div. IV Aspro, Inc., Waterloo, IA 5% $42,791.85 $44,454.06 $59,542.97 $106,270.89 Ayes: Five. Nays: Clark. Absent: Berry. Motion carried. UNFINISHED BUSINESS 117616 - Clark/Jordan that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $97,716.00 to Chester Pool Systems, Inc. of Sellersburg, Indiana, in conjunction with Byrnes Pool - Zero Depth Renovation be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-604. 117617 Clark/Hurley that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $63,733.00 to Ace Refrigeration of Cedar Rapids, Iowa, in conjunction with Evaporative Condenser and Control System Young Arena be received, placed on file and tabled. Ayes: Six. Absent: Berry. Motion carried 117618 - Jordan/Welper that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $46,563.00 to Mike Dolan Concrete and Masonry of Waterloo, Iowa, in conjunction with Byrnes Pool Concrete Replacement be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-605. PETITIONS FROM PUBLIC 117619 - Hurley/Greenwood that communication from Assistant City Planner transmitting request of Scott Jordan to rezone from "R-3" Multiple Residential District to "R-4" Multiple Residential District property generally located at 605-625 Johnson Street to allow for construction of two 12-plex apartment buildings be received, placed on file and "Resolution setting date of hearing as October 21, 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: Five. Abstain: Jordan. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-606. DOCUMENTS 117620 - Welper/Clark that communication from Police Chief transmitting agreement with U.S. Department of Justice, Office of Community Policing, for a COPS in Schools grant in the amount of $153,281.00, with city's share of $28,281.00, to provide for an additional School Resource Officer in the schools be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-607. October 7, 2002 DOCUMENTS CONTINUED 117621 - Hurley/Greenwood Page 5 that communication from City Planner transmitting agreement with the Iowa Department of Economic Development for funding in the amount of $400,000.00 (50 percent forgivable loan and 50 percent grant) from the Brownfields Redevelopment Financial Assistance Program for redevelopment of the former Construction Machinery Company (CMC) site as part of the Rath Neighborhood Plan be received, placed on file and `Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-608. 117622 - Greenwood/Welper that communication from City Planner transmitting subordination agreement and consent agreement with Black Hawk Economic Development, Inc. for Clear Windows, LLP, which lists the city in the second lien position behind Black Hawk Economic Development, Inc. and ensures the mortgage will continue as a lien on the real estate subject to the right of reversions be received, placed on file and "Resolution approving said subordination agreement and consent agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, City Planner explained the subordination agreement. Mr. Temeyer stated that Clear Windows always envisioned the mortgage would be on the land. The first mortgage always wants first right. If anything happens, they would get the property free and clear. Any money put into the property is to the city's favor as more money to the city. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-609. 117623 - Greenwood/Jordan that communication from Waterloo Water Works General Manager transmitting Release of Real Estate Mortgage for John and Lynda Hart, 342 W. Schrock Road, for payment of Promissory Note in conjunction with the Kimball South Rural Water Main Project be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-610. 117624 - Greenwood/Welper that communication from Police Chief transmitting an agreement with the Iowa Division of Criminal and Juvenile Justice Planning for a Juvenile Accountability Incentive Block Grant (JAIBG) in the amount of $20,606.00 be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-611. RESOLUTIONS TO BE ADOPTED 117625 - Welper/Greenwood that communication from Leisure Services Director transmitting request to approve quantity adjustments in the amount of $63,143.60 for the 2000 Golf Course Path Construction Project be received, placed on file and "Resolution approving said quantity adjustments", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-612. 117626 - Jordan/Hurley that communication from City Planner transmitting Notice of Intent to apply for Vision Iowa funds be received, placed on file and "Resolution approving said Notice of Intent", be adopted. Prior to a vote on the above motion, the following comments were heard. RESOLUTIONS TO BE ADOPTED CONTINUED October 7, 2002 RESOLUTIONS TO BE ADOPTED CONTINUED Page 6 Don Temeyer, City Planner, reported that this is a joint project with the cities of Cedar Falls, Evansdale, Waterloo, Black Hawk County and the National Dairy Cattle Congress. Black Hawk County is not actually sponsoring a project, but the Black Hawk County Conservation Commission may include items. The intent is to file an application with Vision Iowa by October 28, 2002 to ensure a slot. City of Waterloo projects include the Cedar River Plaza, the Riverwalk Loop and the Cedar River dam improvements. The Riverwalk Loop ties the bicycle trails through Cedar Falls to Cedar Rapids, the Cedar River Plaza and amphitheater ,in conjunction with Cultural & Arts, will have programs along the river, and the Cedar River dam will create more navigable upstream. Wally Sulentic stated that the National Cattle Congress is a national treasure, and the intent is to have year round agricultural exhibitions and bring the National Cattle Congress into the 21St Century. The plan includes a multi- purpose campus, recreation and visitors attractions. This is still in the conceptual stage, and they are making progress. Mr. Sulentic stated that he visited with Mayor Rooff before he went on vacation, and he was very enthusiastic about the project and said to include it with Cedar Falls and Waterloo and present an united front with Vision Iowa. Mayor Pro Tem Getty stated that this is just a joint letter of intent with the cities of Cedar Falls, Waterloo, Evansdale, Black Hawk County and the National Cattle Congress. The letter of intent tells Vision Iowa we are planning on filing a program for Vision Iowa funds. Mayor Pro Tem Getty stated the cities and Black Hawk County have to raise matching funds as Vision Iowa funds 25 percent of a project and we have to match with 75 percent. Mayor Pro Tem Getty stated that we have had public input from the county and cities, and he is happy to see these entities together. Bill Bartels stated he totally agrees with the National Cattle Congress plans. Mr. Bartels stated he does not understand how we could go from a $72 million project, take out $40 million and still come up with $81 million. Mr. Temeyer stated that the actual application is being put together by the UNI Institute of Decision Making using information from all the entities. Mr. Bartels asked why we would pay $3.5 million for a bladder to put on a dam owned by a private company when the bladder will only last one summer. Mayor Pro Tem Getty stated that these are just ideas put down on paper. When Vision Iowa grants us the money, we will have committees of people to see what is most feasible, a dam or dredging. Mayor Pro Tem Getty stated that nothing is set in concrete. Mr. Bartels questioned why we would want to put an amphitheater by the river. Mayor Pro Tem Getty responded that one of the first things mentioned by many citizens, Leisure Services and our consultants, Vanderwalle, was the Cedar River, amphitheater and the River Walk. Mr. Bartels stated that the band shell should be moved away from the river so that it won't flood. Mr. Bartels stated that everyone, except people paying taxes, has input and that gripes him. Barbara Leestamper, Black Hawk County Supervisor, asked when the application goes to Vision Iowa will all entities, Cedar Falls, Waterloo, Evansdale, Black Hawk and the National Cattle Congress, be included. Mayor Pro Tem Getty responded yes all five entities would be included. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-613. BILLS PAYMENT 117627 - Jordan/Greenwood that "Resolution approving Schedule AP640, pp. 1-65, dated October 7, 2002, in the amount of $1,359,546.18, 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: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-614. October 7, 2002 NEW BUSINESS 117628 - Hurley/Jordan Page 7 that communication from Waterloo Water Works General Manager transmitting request to certify the amount of $906.50 for work performed by the Waterloo Water Works at 1211 W. Parker Street, together with recommendation of approval of the Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be approved and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-615. 117629 - Hurley/Jordan hat communication from Waterloo Water Works General Manager transmitting request to certify the amount of $10,583.47 for work performed by the Waterloo Water Works at 135-137 University Avenue, together with recommendation of approval of the Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be approved and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-616. 117630 - Hurley/Jordan that communication from Waterloo Water Works General Manager transmitting request to certify the amount of $2,680.00 for work performed by the Water Works at 1301 Bertch Avenue, together with recommendation of approval. of the Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be approved and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-617. ADJOURNMENT 117631 Jordan/Clark that the Council adjourn at 6:32 p.m. Ayes: Six. Absent: Berry. Motion carried. Nancy Eckert City Clerk