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HomeMy WebLinkAboutMinutes-12/08/2003• • December 8, 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 8, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Steve Decker, Superintendent of Streets. Pledge of Allegiance: Pack 505—Lincoln School, Tyler Roby, Ryan Hoepner, Brady Hoepner, Jaden Johnson, Mathew Bryant, Isaac Menton. 119171 - Jordan/Greenwood that the Agenda, as proposed, for the Regular Session on Monday, December 8, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 119172 - Jordan/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, December 1, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring December 11, 2003 as Edgar Vaughn Cunningham Sr. and James Lincoln Page Day. CONSENT AGENDA 119173 - 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 Building Official/Maintenance Administrator transmitting recommendation of appointment of Barry Stratton to the position of Code Enforcement Officer, effective December 9, 2003. 2. Al Delagardelle and Dave Roeder, Sewer Maintenance Workers, to attend Flushing/Vacuuming Equipment Seminar in Cedar Rapids, Iowa on December 15-16, 2003, with costs not to exceed $370.00, including use of city vehicle. 3. Beer/Wine License Permit Application Special Class C Broadway Diner, 504 Riehl (Renewal) (Expires 1/06/05) Ayes: Seven. Motion carried. HEARINGS 119174 - Getty/Welper that proof of publication of notice of public hearing on request of Mark and Donna Newgren to vacate, sell and convey an alleyway generally located north of Stratford Avenue and east of Wallgate Avenue for $1.00, as published in the Waterloo Courier on November 24, 2003, be received and placed on file. Ayes: Seven. Motion carried. 119175 - This being the time and place of public hearing, the Mayor 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. 119176 - Getty/Greenwood that "an Ordinance vacating an alleyway generally located north of Stratford Avenue and east of Wallgate Avenue", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119177 - Jordan/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. December 8, 2003 Hearings - continued 119178 - Welper/Kincaid Page 2 that "an Ordinance vacating an alleyway generally located north of Stratford Avenue and east of Wallgate Avenue", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4660. 119179 - Jordan/Welper 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 assigned No. 2003-792. UNFINISHED BUSINESS 119180 - Welper/Clark that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $82,615.00 to Paul G. Christensen Construction of Cedar Falls, Iowa in conjunction with Gates Pro Shop ADA Restroom Addition, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-793. 119181 - Welper/Jordan that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $90,803.00 to Michael Huff Construction of Cedar Falls, Iowa in conjunction with Iry Warren Memorial Golf Cart Storage Building, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated that this motion approves the building design as presented. Councilperson Clark stated there are questions concerning the location of the building, but the design will stay as originally planned. Paul Huting, Leisure Services Director, stated the plans are on file in the City Clerk's office. We are constructing an anesthetic pleasing storage building that fits well in the neighborhood. The existing building will have to be demolished and a new storage building constructed or the building moved some distance to the north. Mr. Huting stated that the proposal to move the storage building will be discussed by the Leisure Services Commission. If the building is moved, we will need to move the electrical lines and there will be grade changes which will increase the cost. There have been discussions that moving the building would open up the area and improve the view. If moving the building to another site is approved, the additional cost will be brought back to the council as a change order. Jim Walsh, City Attorney, stated that if the council accepts the bid, the bid includes the location. The council could make the motion to accept the bid subject to the contractor agreeing to the location change at an agreed upon price. Mr. Huting stated there is an anesthetic difference with the bid building and the pole building, with the building a little stronger with different siding than the bid on the table. Welper/Jordan that the above motion be amended to include the award of contract is contingent on changing the location and an agreed upon change of price by the city and contractor. Councilperson Getty stated that the council has received a letter from Bob Molinaro expressing that he would like the building moved to a new location. Getty/Hurley that the letter from Bob Molinaro be received and placed on file. Ayes: Seven. Motion carried. • December 8, 2003 • Page 3 Unfinished Business - continued 119182 - Councilperson Greenwood suggested that the council wait a week before awarding the contract until the Leisure Services Commission makes a decision on the building location. Councilperson Greenwood asked if the whole project should be rebid or will the change of location be brought back to the council as a change order. Councilperson Jordan stated that once the bids are opened the bid amounts are public information and rebidding the project could be an issue. Councilperson Clark stated that when the bids were opened, two alternates were included in the bids and asked if the alternates included a different location. Mr. Huting responded that the alternates did not deal with the building location as the bid was to build the storage building at the existing location. Following comments a vote was taken on the original motion with the amendment with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-794. REPORTS 119183 - Jordan/Welper that communication from Waterloo Water Works General Manager transmitting Calendar Year 2004 Budget, be received, placed on file and "Resolution approving said Calendar Year 2004 Budget", be adopted and City Clerk instructed to file same with the Black Hawk County Auditor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-795. DOCUMENTS 119184 - Hurley/Jordan that communication from Executive Director of Human Rights Commission transmitting an application for Community Police Study Circle grant in the amount of $20,000.00, with no required city match, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-796. 119185 - Hurley/Jordan that communication from City Engineer transmitting Certificate of Completion and Final Acceptance of Work performed by Cedar Valley Corporation of Waterloo, Iowa at a total cost of $630,237.40 in conjunction with F.Y. 2001 San Marnan Drive Traffic Improvements - Phase I, STP -U-8155(651)-70-07, Contract No. 624, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-797 119186 - Hurley/Jordan that communication from Building Official/Maintenance Administrator transmitting 28E Agreement with Black Hawk County Board of Supervisors to provide parking lot enforcement services for county parking lots, be received, placed on file and "Resolution approving said 28E 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. Lou Cutwright, Building Official/Maintenance Administrator, reported that the employees will be spending 1.5 hours per day for Black Hawk County. Parking Enforcement will walk Black Hawk County parking lots three times per day, which will not take away from their normal day. Mr. Cutwright states that would save Black Hawk County $9,100.00 while the city would be adding $10,400.00 to its budget. The only expense is the use of the auto to drive to Pine Crest, which would cost approximately $720.00 for fifty weeks. The additional dollars will support the Traffic Operations budget. Councilperson Getty stated he will not support this item as he doesn't feel the city and county need to get this close together. Councilperson Getty stated that Black Hawk County needs to get a hold of its budget and not constantly come to the city. December 8, 2003 Page 4 Documents - continued Councilperson Kincaid stated that he receives a lot of negative feedback from people whom the enforcement officers write tickets on the street. Councilperson Kincaid suggested that the parking enforcement officers receive sensitivity training as they are presenting a bad image for the city. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2003-798. 119187 - Hurley/Jordan that communication from Associate Planner transmitting request of Joseph Paulsen for tax exemptions on improvements totaling $8,000.00 for property located at 209 Randall Street 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 Black Hawk County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-799. 119188 - Kincaid/Welper that communication from General Manager of the Waterloo Water Works transmitting Release of Real Estate Mortgage for Jerry and Karen LaCrosse, 8527 Hammond Avenue, for payment of promissory note in conjunction with Kimball South Rural Water Main Project, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-800. 119189 - Kincaid/Welper that communication from General Manager of the Waterloo Water Works transmitting Release of Real Estate Mortgage for Kenneth and JoAnn Lichty, 9202 Kimball Avenue, for payment of promissory note in conjunction with Kimball South Rural Water Main Project, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-801. 119190 - Kincaid/Welper that communication from General Manager of the Waterloo Water Works transmitting Release of Real Estate Mortgage for Ray and Myrna Hottle, 9421 Hammond Avenue, for payment of promissory note in conjunction with Kimball South Rural Water Main Project, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-802. 119191 - Kincaid/Welper that communication from Building Official/Maintenance Administrator transmitting 42 -month agreement with Aramark to provide laundry services for city buildings, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Nays: Greenwood Resolution adopted and upon approval by Mayor assigned No. 2003-803. RESOLUTIONS TO BE ADOPTED 119192 - Getty/Kincaid that communication from Building Official/Maintenance Administrator transmitting layoff of Joel Shepard, Facilities Maintenance - HVAC, effective December 19, 2003, be received, placed on file and "Resolution approving said layoff", be adopted. Prior to a vote on the above motion, the following comments were heard. • • December 8, 2003 • • Resolutions To Be Adopted - continued Page 5 Councilperson Clark stated that the layoff in no way reflects Mr. Shepard's work but is because of the budget situation. Councilperson Jordan stated that he will not support the resolution because Joel Shepard is the wrong person to lay off. Councilperson Jordan stated that it is hard to find good help and here we are laying off a good employee. Following comments a vote was taken on the original motion with the following result. Ayes: Five. Nays: Jordan, Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-804. 119193 - Getty/Kincaid that "Resolution authorizing City Clerk to publish notice of council's intent to appoint a Ward 1 Council Member", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-805. ORDINANCES TO BE ADOPTED 119194 - Jordan/Welper that "an ordinance amending the 2003 Traffic Code by repealing Subsection (160) Mulberry Street and Vinton Street of Section 540, Obedience to Official Traffic Control Devices (removal of traffic signals at the intersection of Vinton and Mulberry Streets)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119195 - Welper/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119196 - Jordan/Welper that "an ordinance amending the 2003 Traffic Code by repealing Subsection (160) Mulberry Street and Vinton Street of Section 540, Obedience to Official Traffic Control Devices (removal of traffic signals at the intersection of Vinton and Mulberry Streets)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4661. BILLS PAYMENT 119197 - Jordan/Clark that "Resolution approving Schedule AP640, pp. 1-103, dated December 8, 2003, in the amount of $993,448.17, 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. 2003-806. NEW BUSINESS 119198 - Hurley/Getty that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,875.00 for work performed by the Water Works at 100 Janney Avenue, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk authorized to certify same to Black Hawk County Treasurer. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-807. December 8, 2003 Page 6 New Business - continued 119199 - Hurley/Getty that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $800.00 for work performed by the Water Works at 312 Prospect Avenue, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk authorized to certify same to Black Hawk County Treasurer. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-808. ADJOURNMENT 119200 - Clark/Jordan that the Council adjourn at 6:08 p.m. Ayes: Seven. Motion carried. Nanc ckert City Clerk