HomeMy WebLinkAboutMinutes-12/01/2003December 1, 2003
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, December 1, 2003. Mayor Pro Tem
Harold Getty in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley,
Greenwood.
Invocation by: Reverend Ted Keys, Community Baptist Church.
Pledge of Allegiance: Jim Walsh, City Attorney.
119135 - Jordan/Welper
that the Agenda, as proposed, for the Regular Session on Monday, December 1,
2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
119136 - Jordan/Welper
that the Minutes, as proposed, for the Regular Session on Monday, November 17,
2003, at 5:30 p.m., and Special Session on Friday, November 21, 2003, at 9:00
a.m., be accepted and approved. Ayes: Seven. Motion carried.
CONSENT AGENDA
119137 - Hurley/Jordan
that the following items on the consent agenda be received, placed on file and
approved:
a. Motion to approve the following:
1. Communication from Director of Special Events for Van G. Miller & Associates
transmitting request to use the grassy area northeast of Wells Fargo Bank
between 5th and 6th Streets on June 4, 2004, from 6:00 p.m. to 11:00 p.m. to
watch the My Waterloo Days Parade and Fireworks in conjunction with Annual
Heartland Conference to be held on June 1-4, 2004.
2. Joseph Leibold, Police Sergeant, to attend Recertification Sub -Gun
Instructor Course in Johnston, Iowa, on December 2-4, 2003, with costs not
to exceed $239.00, including use of city vehicle.
3. Walter Reed, Jr., Executive Director; Brian Krischke, Fair Housing
Coordinator; Thadine Graham, Administrative Secretary; and Shantella Moore,
Clerical Assistant, to attend Fair Housing Conference in Kansas City, Kansas
on December 10-12, 2003, with costs not to exceed $1,321.3, including use of
city vehicle.
b. Bonds.
c. Beer/Liquor License Permit Application
Class C
The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/02/04) (Includes
Sunday Sales)
Fitzgerald's Grill & Pub, 360 E. Ridgeway Avenue (Renewal) (Expires
12/09/04) (Includes Sunday Sales)
Carlos O'Kelly's Inc., 1331 Flammang Drive (Renewal) (Expires 12/30/04)
(Includes Sunday Sales)
Joan's ger, 929 West 5th Street (Renewal) (Expires 11/30/04) (Includes Sunday
Sales)
Ayes: Seven. Motion carried.
HEARINGS AND BIDS
119138 - Nancy Eckert, City Clerk, reported that Kidder Construction Inc. has requested
that they be allowed to withdraw their bid on the Iry Warren Memorial Golf Cart
Storage Building project and their combined bid as their bid has a mathematical
error.
Jim Walsh, City Attorney, read Iowa Code Section 384.100 as it pertains to the
bidding process. Mr. Walsh stated that the Code says that the council must
receive and file all bids received by the City Clerk, and that the council has a
statutory obligation to open all bids. Mr. Walsh stated that the city would not
have to force a contractor to honor a bid with an obvious mistake.
December 1, 2003 Page 2
Hearings and Bids - continued
Clark/Jordan
that proof of publication of notice of public hearing on Iry Warren Memorial
Golf Cart Storage Building, as published in the Waterloo Courier on November 13
and 20, 2003, be received and placed on file. Ayes: Seven. Motion carried.
119139 This being the time and place of public hearing, the Mayor Pro Tem 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: Seven. Motion carried.
119140 - Jordan/Clark
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Iry Warren Memorial Golf Cart Storage Building", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-776.
119141 - Welper/Kincaid
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-777.
119142 - Clark/Jordan
that proof of publication of notice of public hearing on Gates Pro Shop ADA
Restroom Addition, as published in the Waterloo Courier on November 13 and 20,
2003, be received and placed on file. Ayes: Seven. Motion carried.
119143 This being the time and place of public hearing, the Mayor Pro Tem 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: Seven. Motion carried.
119144 - Jordan/Clark
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Gates Pro Shop ADA Restroom Addition", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-778.
119145 - Welper/Kincaid
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-779.
119146 - Clark/Jordan
Bidder
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Gates Warren Mem. Alt. Alt.
Bid Bond Pro Shop Golf Storage Combined #1 #2
Paul G. Christensen 5% $82,615 $ 91,987 $172,600 $4,150 $1,250
Don Gardner Constr. 5% No Bid $106,647 N/A $6,757 $2,065
Michael Huff Constr. 5% $99,163 $ 89,728 $188,891 $5,700 $1,075
Kidder Construction Inc. 5% $95,775 $ 84,365 $180,014 $5,055 $1,260
Ramker Construction & Sup 5% $95,560 $118,375 $213,935 $4,400 $1,065
Ayes: Seven. Motion carried.
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December 1, 2003
HEARINGS
119147 - Hurley/Welper
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Page 3
that proof of publication of notice of public hearing on request of John Hill
and Andy Austin to vacate, sell and convey city right-of-way generally located
at the southwest intersection of Highway 218 and Marigold Drive for $1.00, as
published in the Waterloo Courier on November 17, 2003, be received and placed
on file. Ayes: Seven. Motion carried.
119148 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Jordan/Welper
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission and oral and written comments be received and
placed on file. Ayes: Seven. Motion carried.
119149 - Welper/Jordan
that "an Ordinance vacating city right-of-way generally located at the southwest
intersection of Highway 218 and Marigold Drive", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion carried.
119150 - Jordan/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
119151 - Welper/Jordan
that "an Ordinance vacating city right-of-way generally located at the southwest
intersection of Highway 218 and Marigold Drive", be considered and passed for
the second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4658.
119152 - Welper/Kincaid
that "Resolution authorizing said sale and conveyance", be adopted and City
Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-780.
PETITIONS FROM PUBLIC
119153 - Welper/Kincaid
that communication from City Planner transmitting request of Mike Gruetzmacher
of G&D Future Concepts for a site plan amendment for property generally located
at 3500 Kimball Avenue to allow a Sports Grill and Bar, together with
recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as December
15, 2003, 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 Pro Tem assigned No. 2003-781.
REPORTS
119154 - Kincaid/Jordan
that communication from Community Planning and Development Director transmitting
Downtown and East Side Small Business Improvement Program be received, placed on
file and "Resolution approving said report", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Don Temeyer, Community Planning & Development Director, reported that as part of
the program, five downtown banks have asked that the city guarantee up to 50
percent or a maximum of $25,000.00 per project. The banks have made $2.5
million available for loans to businesses in the Downtown and Logan Plaza area,
and there is no time limit as to how long the program will last. Mr. Temeyer
reported that a brochure is being putting together, in conjunction with the
banks, explaining the program. There will be a contact person at each bank,
Main Street Waterloo and Logan Plaza.
December 1, 2003
Page 4
Reports - continued
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-782.
DOCUMENTS
119155 - Hurley/Jordan
that communication from City Planner transmitting an Encroachment Agreement with
Whitaker Foods, Inc. to allow construction of a security fence on city -owned
property generally located on Gayle Street between Joy Drive and Rainbow Drive be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-783.
119156 - Hurley/Jordan
that communication from Associate Engineer transmitting an agreement with
Chicago Central and Pacific Railroad Company for Local Agency Highway -Railway
Grade Crossing Improvement to extend an existing crossing surface across Vinton
Street in conjunction with F.Y. 2003 18th Street Bridge and Approach Roadway,
STP -U-8155(852)-70-07, Contract No. 622, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor Pro Tem authorized
to execute same.
Prior to a vote on the above motion, the following comments were heard.
Dennis Gentz, Assistant City Engineer, reported that the city will contribute 20
percent of the cost of the whole project. The railroad does not participate in
the cost because this is not a replacement of the crossing but a new crossing.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-784.
119157 - Hurley/Jordan
that communication from Associate Engineer transmitting license with Iowa
Northern Railway Company at a cost of $750.00 for Underground Pipelines, Cable
and Conduits to be used for placement of interconnect conduit for the traffic
signals in conjunction with F.Y. 2003 18th Street Bridge and Approach Roadway,
STP -U-8155(852)-70-07, Contract No. 622, be received, placed on file and
"Resolution approving said license", be adopted and Mayor Pro Tem authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-785.
119158 - Hurley/Jordan
that communication from Associate Engineer transmitting an application with Iowa
Department of Transportation for use of Highway Right -of -Way for Recreation
Trail Operation in conjunction with F.Y. 2003 18th Street Bridge and Approach
Roadway, STP -U-8155(852)-70-07, Contract No. 622, be received, placed on file and
"Resolution approving said application", be adopted and Mayor Pro Tem authorized
to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-786.
119159 - Clark/Jordan
that communication from Associate Planner transmitting request of Darryl Hoff
for tax exemptions on improvements totaling $3,691.22 for property located at
123 Dearborn Avenue in the Consolidated Urban Revitalization Area (CURA),
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 Pro Tem assigned No. 2003-787.
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December 1, 2003
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Documents - continued
119160 - Clark/Jordan
Page 5
that communication from Associate Planner transmitting request of Larry L.
Lamfers for tax exemptions on improvements totaling $103,895.98 for property
located at 1508 Jefferson Street in the Consolidated Urban Revitalization Area
(CURA), 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 Pro Tem assigned No. 2003-788.
119161 - Clark/Jordan
that communication from Associate Planner transmitting request of James and
Connie Droste for tax exemptions on improvements totaling $6,048.00 for property
located at 751 Dawson Street in the Consolidated Urban Revitalization Area
(CURA), 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 Pro Tem assigned No. 2003-789.
119162 - Jordan/Welper
that communication from Building Official/Maintenance Administrator transmitting
Completion of Project and Recommendation of Acceptance of Work performed by All
Pro Construction and Roofing in conjunction with Salt Shed Roof Replacement be
received, placed on file and "Resolution approving said documents", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-790.
ORDINANCES TO BE ADOPTED
119163 - Jordan/Welper
that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (138)
Fowler Street of Section 551, Parking Prohibited At All times On Certain
Streets; and enacting in lieu thereof a new Subsection (138) Fowler Street of
Section 551, Parking Prohibited At All Times On Certain Streets (changing the
restricted parking on the south side of Fowler Street between Linden Avenue and
Vinton Street to the north side), be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
119164 - Welper/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
119165 - Kincaid/Clark
that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (138)
Fowler Street of Section 551, Parking Prohibited At All times On Certain
Streets; and enacting in lieu thereof a new Subsection (138) Fowler Street of
Section 551, Parking Prohibited At All Times On Certain Streets (changing the
restricted parking on the south side of Fowler Street between Linden Avenue and
Vinton Street to the north side)", be considered and passed for the second and
third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4659
BILLS PAYMENT
119166 - Jordan/Hurley
that "Resolution approving Schedule AP640, pp. 1-63, dated December 1, 2003, in
the amount of $4,134,400.16, a copy of which is on file in the City Clerk's
Office", be adopted, together with recommendation of approval of the Finance
Committee. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-791.
119167 - Hurley/Kincaid
that the Council adjourn to Executive Session at 5:57. p.m. Ayes: Seven.
Motion carried.
December 1, 2003 Page 6
EXECUTIVE SESSION
Jim Walsh, City Attorney, stated that discussion of acquisition of property as
part of the redevelopment of the Rath Brownfield Area, including the 18th Street
project and CMC property, is an approved topic of Executive Session pursuant to
Iowa Code Section 21.5(1) (j) (2003).
119168 - Welper/Jordan
that the Council adjourn Executive Session at 6:20
carried.
119169 - Clark/Jordan
p.m.
Ayes: Seven. Motion
that city staff be authorized to proceed with the condemnation process for
properties owned by Ardith Shull in conjunction with Iowa Brownfields Project.
Ayes: Seven. Motion carried.
ADJOURNMENT
119170 - Hurley/Jordan
that the Council adjourn at 6:21 p.m. Ayes: Seven. Motion carried.
rd.,
Nancy Ed$ert
City Clerk
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