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HomeMy WebLinkAboutMinutes-10/28/2002• • October 28, 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 28, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Michelle Weidner, Chief Financial Officer. Pledge of Allegiance: Gabe Drewelow, Drew Meyers, Justin Riggins, Tony Haas, and Assistant Scout Masters Craig Drewelow, Larry Riggins and Brooke Meyers - Boy Scout Troop 126, Elk Run Heights. ORAL PRESENTATIONS 117672 - Leon Mosley presented petitions from citizens protesting the opening of a bar at 819 East 4th Street. Mr. Mosley stated that there is a tavern being built across from East High School, and there have been a lot of problems in that area. Mr. Mosley stated this is the same area where two high school kids were shot and one of the kids was killed five years ago. Mr. Mosley stated the city does not need more taverns in that area. Tom Jennings, Police Chief, reported that he assumes Mr. Mosley is speaking about 811 East 4th Street. An application has been made by Vivian Denis Mabry, but the license has not come before the council. The building still needs to be inspected by the Fire Marshal and health and building inspectors. Jordan/Berry that the petitions from citizens protesting the opening of a bar at 811 East 4th Street be received and placed on file. Ayes: Seven. Motion carried. 117673 - John Knapp, 7th Grade Student from Hoover Middle School, requested that the council make an indoor skate park. An indoor skate park is needed because the users cannot skate, roller blade, or bike in the winter and on rainy days. Mr. Knapp stated that the kids are thankful for the outdoor park built by the city last summer. Mr. Knapp stated he believes after time the skate park will pay for itself by charging a simple yet reasonable price of $5.00 and $6.00 or $7.00 on weekends. Mr. Knapp stated that he would prefer wood ramps because it is the softest to land on, and it is not as expensive as cement. Mr. Knapp suggested that city officials visit www.Endustreal.com for ideas for ramps. Mr. Knapp stated that the ramps need to include a street course with stairs and rails. Jordan/Hurley that the petition requesting the city build an indoor skate board park be received and placed on file. Ayes: Seven. Motion carried. 117674 - Greenwood/Welper that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 117675 - Hurley/Clark that the Agenda, as proposed, for the Regular Session on Monday, October 28, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 117676 - Hurley/Clark that the Minutes, as proposed, for 2002, at 5:30 p.m., be accepted and Mayor Rooff read a proclamation Technology Week. CONSENT AGENDA 117677 - Greenwood/Jordan the Regular Session on Monday, October 21, approved. Ayes: Seven. Motion carried. declaring November 3-9, 2002, as Radiologic that the following items on the consent agenda be received, placed on file and approved: October 28, 2002 CONSENT AGENDA CONTINUED Page 2 a. Beer/Liquor License Permit Application Class C Balkan Bar, 213-215 East 5th Street (Renewal) (Expires 11/16/03) (Includes Sunday Sales) R & L Landing, 2790 Airport Boulevard (New) (Expires 10/21/03) (Includes Sunday Sales) Z's Restaurant & Lounge, 3937 West Airline Highway (Renewal) (Expires 10/31/03) b. Liquor License Permit Application Class E Hy -Vee, 306 Byron Avenue (Renewal) (Expires 11/20/03) (Includes Sunday Sales) c. Beer License Permit Application Class C Kum & Go, 3016 Marnie Avenue (Renewal) (Expires 12/10/03) (Includes Sunday Sales) d. Approve the following resolutions: 1. Communication from City Engineer transmitting request of Gerald Kass for a waiver for a rock field entrance to be located at 700 block of East Airline Highway, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2002-636. 2. Communication from City Engineer transmitting request of Seherizad Kapic for a waiver for a concrete driveway to be located at 1400 W. 11th Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2002-637. 3. Communication from City Engineer transmitting request of John Richard Hills for a waiver for a coated recycled asphalt driveway to be located at 2208 Idaho Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2002-638. 4. Communication from City Engineer transmitting request of Michael Brown for a waiver for a concrete driveway to be located at 423 Martin Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2002-639. e. Report of the City Attorney and list of bonds filed with the City Clerk through October 28, 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. PETITIONS FROM PUBLIC 117678 Berry/Welper that communication from Assistant City Planner transmitting request of Ronald Weber to sell and convey for $9,330.00 city -owned property generally located near the intersection U.S. Highway 218 and West 11th Street be received, placed on file and "Resolution setting date of hearing as November 18, 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. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, City Planner, reported that Mr. Weber and his attorney are reviewing a written agreement which requires Mr. Weber to either sell for construction or construct a building upon the premises within two years of acquisition of the property. The agreement must be signed at the time of closing for the property. 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. 2002-640. • • October 28, 2002 DOCUMENTS 117679 - Getty/Hurley • • Page 3 that communication from Senior Planner transmitting application for Jerry Linsey for tax exemptions on improvements totaling $72,765.00 for property located at 3043 Angeles Drive 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. 2002-641. 117680 Getty/Hurley that communication from Building Official/Maintenance Administrator transmitting Certificate of Substantial Completion for work performed by Borwig Building Services, Inc. of Waterloo, Iowa in conjunction with West Fifth Street Parking Ramp project be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-642. 117681 Councilperson Clark stated he expressed his concerns when this item was brought up before. Councilperson Clark stated the city hired a consultant for the roofing project, and he is concerned we have a change order for this additional work. Councilperson Clark stated he feels the consultant should have included the walk paths in the original bid documents. Councilperson Getty agreed with Councilperson Clark and asked that this the change order be tabled until such time the consultant is able to meet with the council. Councilperson Jordan asked if Black Hawk Roofing is performing the work in good faith. Lou Cutwright, Building Official/Maintenance Administrator, responded that Black Hawk Roofing performed the work in good faith. Mr. Cutwright stated he instructed the contractor to put in the walk path on the Five Sullivan Brothers Convention Center roof. The walk path is needed because of the air conditioning system and the use of ladders by building maintenance. Mr. Cutwright reported that when the roof was designed, a walk path was not talked about, so the consultant just added it to the single -ply membrane roof. Mr. Cutwright stated that during the pre -construction meeting, they were looking at areas where maintenance would put up a ladder, and he asked Black Hawk Roofing to put in walk paths where needed. The walk path provides protection when moving machinery to the Pent House at the Five Sullivan Brothers Convention Center. Councilperson Jordan stated he feels the council is picking on the wrong contractor if the change order is not approved as Black Hawk Roofing did the work in good faith. Councilperson Berry stated she is concerned that we are again approving a change order. If the consultant did not include the walk path in the bid documents, that is a problem, but she agrees the city should not pick on the contractor. The change order is just a small percent of the contract, but we need to be more watchful. Councilperson Clark agreed that Black Hawk Roofing did the work in good faith. Councilperson Clark suggested that the council look at this in the future as he thought the council approved change orders before the work is done. Councilperson Clark stated the city paid the consultant a lot of money, and he should have included the walk path in the bid document and bid price. Councilperson Hurley asked if the city has a policy on change orders, and Mayor Rooff responded that the City Engineer is allowed to sign change orders up to $25,000.00. Mayor Rooff stated that Mr. Cutwright was given the authority to do several hundred thousand dollars of work, but we need to clarify the policy. Councilperson Berry stated with the $25,000.00 policy, the contractor could bid knowing he/she has $25,000.00 latitude. Mr. Cutwright reported that even with the change order Black Hawk Roofing is still the low bidder. The consultant was paid 6.5 percent of the total contract, which is $487,000.00. Councilperson Getty asked that a Building & Grounds Committee meeting be held to discuss the project with the consultant. October 28, 2002 DOCUMENTS CONTINUED Jordan/Clark Page 4 that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of $9,779.75 for work performed by Black Hawk Roof Company in conjunction with 2002 Roofing Projects for City of Waterloo - Five Sullivan Brothers Convention Center, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 117682 - Hurley/Jordan that "Resolution canceling November 25, 2002, City Council meeting due to Thanksgiving Holiday", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-643. 117683 - Hurley/Jordan that "Resolution canceling December 23, 2002, City Council meeting due to Christmas Holiday", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-644. 117684 - Hurley/Jordan that "Resolution approving holding City Council meeting of November 12, 2002, at Veterans Memorial Hall", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-645. 117685 - Clark/Jordan that "Resolution authorizing submission of an application for Vision Iowa funding for the Cedar Valley River Renaissance Plan to include the following funding: $3 million for the Cedar River Plaza and Amphitheater, $2 million for the Riverwalk Loop, $1,250,000 for the Cedar River Dam, $300,000 for the Gateway, $200,000 for the Eastside Ministerial Alliance Community Center, $300,000 for the Cedar Valley Soccer Association Complex and $2 million for the National Cattle Congress" be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark asked regarding the Cedar River Dam, doesn't that include Cedar River improvements and not just the dam. Michelle Weidner, Chief Financial Officer, responded that it should not be a problem to change it to Cedar River Improvements. Bill Bartels, 646 Summit, stated he does not feel the city should spend $9.55 million to get $7.3 million free from Vision Iowa. We need to forget about Vision Iowa and go ahead with the National Cattle Congress project and river improvements. Mr. Bartels stated that Cedar Rapids had input from taxpayers and has been planning their project for five years, and the city has taken just a few weeks to make our plans. Mr. Bartels stated that Mayor Rooff asked for input from the public and then disregarded what the people want and goes about his merry way. Mr. Bartels stated he never heard anything about the Cedar River Plaza, just to fix the river and not with a bubble on the dam. Mr. Bartels said no matter what people say the city forges ahead with future development and will borrow the money and pay interest, and this is not a fiscally sound plan. The city already pays high interest on our debt. Mr. Bartels stated we should not pay for all this unless there is a referendum in each city and each city can vote yes or no. Mr. Bartels stated on October 22 the total project was $50,796,000, with $2.1 million from Black Hawk County, and he asked where did $81 million come from. Mayor Rooff asked Mr. Bartels if he was able to attend any of the Millennium Plan meetings that were held around the community. The top items were the river and a gathering place. Mayor Rooff asked Mr. Bartels if he thinks the city is going to bond for the project. Mr. Bartels asked where the city is going to get $7.3 million, and Mayor Rooff responded that the council has decided to use the Black Hawk Solid Waste Commission money. Mayor Rooff stated the city's plan includes fixing the river, a riverwalk loop and a flat space with a band shell, helping the National Cattle Congress project and helping our kids with the soccer complex, and $200,000 for the Eastside Ministerial Alliance project so they can get federal funding. • • October 28, 2002 • • RESOLUTIONS TO BE ADOPTED CONTINUED Page 5 Councilperson Getty asked if the resolution is approved as worded does that mean we are approving $200,000 for the soccer complex. Mayor Rooff responded that the application is contingent on the council voting to release these funds and to let Vision Iowa know there is a consensus. Revered Ted Keys, President of the Eastside Ministerial Alliance, stated they were very grateful for the city for allocating $200,000 for their project as it will improve the Eastside of Waterloo. The Eastside Ministerial Alliance project will improve the quality of education, health and dental care and crisis intervention. Reverend Keys stated they are very grateful to the council for including them in this project. Reverend Keys stated he watched as the concrete truck pour the foundation, and that the Eastside Ministerial Alliance stayed the course and did not lose their own vision. Mary Robinson, Treasurer of the Eastside Ministerial Alliance, stated the $200,000 from the city completes the $400,000 package with $200,000 in federal funds. This means that what they lost in dollars in the Vision Iowa referendum has been gained back. Ms. Robinson stated she wished Mayor Rooff and the City Council could watch with her when people are standing and looking and smiling. These people will not be on TV or quoted on TV, but they are proud and the council should be proud of themselves. 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. 2002-646. ORDINANCES TO BE ADOPTED 117686 - Welper/Berry that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 334 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second time. Ayes: Six. Abstain: Jordan. Motion carried. 117687 Hurley/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Abstain: Jordan. Motion carried. 117688 - Getty/Clark that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 334 to Section 2A-5, Rezoning Certain Property", be considered and passed for the third time and adopted. Ayes: Six. Abstain: Jordan. Ordinance adopted and upon approval by Mayor assigned No. 4583. 117689 - Hurley/Clark that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection D, of Section 1-8A-7, Local Transient Guest Tax Fund, of Article A, Hotel and Motel Tax, of Chapter 8, Municipal Finances of Title 1, Administration; and enacting in lieu thereof new Subsection D, of Section 1-8A-7, Local Transient Guest Tax Fund, of Article A, Hotel and Motel Tax, of Chapter 8, Municipal Finances of Title 1, Administration (allocation of hotel/motel tax)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty reviewed the following changes to the ordinance. The revenue derived from any hotel and motel tax shall be as follow: 1. Fifty percent to the Waterloo Convention and Visitors Bureau for the promotion of tourism. 2. Twenty percent, or a minimum of $150,000, to the Five Sullivan Brothers Convention Center. 3. Ten percent to the City Council for discretionary purposes. 4. Twenty percent to recreation, culture, conventions, entertainment. The Board of Directors of the Waterloo Convention and Visitors Bureau shall make recommendation every January to the City Council concerning the allocation of these funds. October 28, 2002 Page 6 ORDINANCES TO BE ADOPTED CONTINUED Councilperson Getty stated that no more than two applications will be allowed per organization. The maximum amount of funding per application has been raised to $10,000 from $7,500. Mayor Rooff stated that the proposed ordinance is the result of the Ad Hoc Committee consisting of members of the council, the Chamber of Commerce, Main Street Waterloo and Waterloo Convention and Visitors Bureau. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 117690 - Getty/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 117691 - Berry/Welper that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection D, of Section 1-8A-7, Local Transient Guest Tax Fund, of Article A, Hotel and Motel Tax, of Chapter 8, Municipal Finances of Title 1, Administration; and enacting in lieu thereof new Subsection D, of Section 1-8A-7, Local Transient Guest Tax Fund, of Article A, Hotel and Motel Tax, of Chapter 8, Municipal Finances of Title 1, Administration (allocation of hotel/motel tax)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4584 . BILLS PAYMENT 117692 - Jordan/Getty that "Resolution approving Schedule AP640, pp. 1-58, dated October 28, 2002, in the amount of $2,708,995.23, 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. 2002-647. NEW BUSINESS 117693 - Jordan/Welper that communication from Hotel -Motel Tax Grant Ad -Hoc Committee transmitting request to endorse new hotel/motel tax grant application be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-648. ADJOURNMENT 117694 - Jordan/Berry that the Council adjourn at 6:18 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk • •