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HomeMy WebLinkAboutMinutes-01/13/2003• • January 13, 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, January 13, 2003. Mayor John R. Rooff in the Chair. Roll Call: Welper, Greenwood, Clark, Jordan, Getty. Absent: Hurley. Invocation by: Pastor Randolph McHone, Grace Lutheran Church. Pledge of Allegiance: Tim Shea, Superintendent of Waste Management Services. ORAL PRESENTATIONS 117903 Reverend Jay Burt, Pastor at Mount Calvary Missionary Baptist Church, stated that last week he spoke against Romeo's Lounge's application for a beer/liquor license permit. Tonight, there is another application for one on Dane Street. Reverend Burt stated that he has issues regarding this application, but there is nothing he can do about that. Reverend Burt stated he is speaking about the north side of Waterloo and its appearance. Reverend Burt stated he is tired of the north side looked upon as a place for liquor stores only. Reverend Burt stated he is for better businesses and supports malls, grocery stores, etc. Reverend Burt stated that it bothers him that every time he gets a call it is about a bar on the eastside. Reverend Burt stated he would like the council to look at this, and with McDonalds and Subway making money that is proof businesses can survive on the eastside. Reverend Burt asked the council to ask developers to look at the north side as a viable place to build businesses. Martin Culpepper, 1731 Cottage Row, asked if the city had hired a compliance officer. Mayor Rooff responded that on Thursday he will announce a reorganization plan and appointment of a Community Development Director and Compliance Officer. Jordan/Welper that the above oral comments be received and placed on file. Ayes: Five. Absent: Hurley. Motion carried. 117904 - Getty/Clark that the Agenda, as proposed, for the Regular Session on Monday, January 13, 2003, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Hurley. Motion carried. 117905 - Jordan/Getty that the Minutes, as proposed, for the Regular Session on Monday, January 6, 2003, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Hurley. Motion carried. CONSENT AGENDA 117906 - Jordan/Clark that the following items on the consent agenda be received, placed on file and approved: a. Eric Thorson, City Engineer, to attend Asphalt Paving Conference and Steering Committee Meeting in Ames, Iowa on January 28-29, 2003, with costs not to exceed $251.90, including use of city vehicle. b. Paul Hursh and Richard Olson, Mechanics, to attend Blackflow re- certification training in Waverly, Iowa, on January 29, 2003, with costs not to exceed $300.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Uptown Lounge, 512 Mulberry Street (New) (Expires 1/8/04) (Includes Sunday Sales) d. Beer License Permit Application Class C Downtown Amoco, 428 Franklin Street (Renewal) (Expires 01/21/04) (Includes Sunday Sales) East Side Liquor, 521 Dane Street (New) (Expires 01/09/04) (Includes Sunday Sales) e. Beer License Permit Application Class B Cedar Valley Fish Market, 218 Division Street (Renewal) (Expires 01/25/04) January 13, 2003 CONSENT AGENDA CONTINUED Page 2 f. Liquor License Permit Application Class E East Side Liquor, 521 Dane Street (New) (Expires 01/09/04) (Includes Sunday Sales) g• Wine License Permit Application Class B East Side Liquor, 521 Dane Street (New) (Expires 01/09/04) (Includes Sunday Sales) Ayes: Five, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Hurley. Motion carried. HEARINGS AND BIDS 117907 - Clark/Jordan that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center 2002 Renovation, as published in the Waterloo Courier on December 27, 2002, be received and placed on file. Ayes: Five. Absent: Hurley. Motion carried. 117908 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Clark/Jordan that the hearing be closed and oral and written comments be received and placed on file. Ayes: Five. Absent: Hurley. Motion carried. 117909 - Jordan/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Five Sullivan Brothers Convention Center 2002 Renovation", be adopted. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-25 117910 - Jordan/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-26. 117911 - Welper/Jordan that the following bids be received and placed on file. Bidder Bid Bond Phase I Phase II Cardinal Construction, Waterloo, IA 5% $943,650.00 $185,000.00 Paul Christensen, Cedar Falls, IA 5% $1,205,000.00 $230,000.00 Garling Construction, Belle Plaine, IA 5% $1,005,525.00 $193,032.00 Larson Construction, Independence, IA 5% $1,173,000.00 $173,150.00 Peters Construction, Waterloo, IA 5% $1,040,000.00 $186,000.00 Prairie Construction, Waterloo, IA 5% $980,000.00 $152,000.00 Ayes: Four. Nays: Greenwood. Absent: Hurley. Motion carried. 117912 - Lou Cutwright, Building Official/Maintenance Supervisor, reported that bids were opened today at 2:15 p.m. and there was quite a bit of interest in this project. Prairie Construction of Waterloo, Iowa is the apparent low bidder with Cardinal Construction the second low bidder. Mr. Cutwright recommended that the low bid from Prairie Construction in the total amount of $1,132,000.00 be accepted and awarded. Mr. Cutwright stated he will bring a resolution to the council to transfer funds for the project and bring back a recommendation on the sound system. Councilperson Greenwood stated he received a call from a local business who said he was told he was not qualified to bid the sound system on the project. Councilperson Greenwood stated he would like to see the sound system placed with a local provider. • January 13, 2003 • • HEARING AND BIDS CONTINUED Page 3 Jim Walsh, City Attorney, stated if the council's only concern is the sound system, which is an alternate bid, the rest of the bid can be accepted excluding the sound system. Councilperson Clark asked if it will affect Prairie Construction's bid. Mr. Walsh responded Prairie Construction could say they want to take back thier bid, but he doesn't think they will do that. Mr. Walsh stated the timeframe on this project is very sensitive, and if there is any way to proceed with the project without the sound system, the council should go ahead and accept the bid. Mr. Cutwright stated that the Mechanical Designer gave option to qualified bidders who have done a sound system of this size. Eric Doyle stated he was familiar with the local business. The local business did approach properly and was asked for references of similar size projects. Mr. Doyle stated he responded back to the local business that they were held in high regard, but his references did not give suitable experience for a job of this size and complicity. Mr. Doyle stated that he spoke to the gentleman again today and the bidding market is new to him. Mr. Walsh asked if the sound system is pulled from this project. Mr. Doyle responded that the Master Bidders states if rebid with significant change of bid document, it becomes an action. We would be obligated to change the scope of the specifications. Mr. Doyle stated there were four bidders on the sound system. Mayor Rooff stated that the award of bidders could be placed on the agenda of the Special Council meeting to be held on Thursday. Mr. Doyle stated that the last addendum for the project was on January 6, 2003 and prior to the addendum he responded to all potential bidders for the sound portion. Mr. Doyle stated that the local business did not object to their disqualification from the project. Mr. Doyle stated the local business is a very quality contractor and supplier, but the decision was made on what was submitted. The process was used for all contractors not on the pre-bid list. Mr. Doyle stated that ultimately the election contractor can choose which of the four bidders on the sound system he wants to work with. Mr. Doyle stated that all the contractors included a bid with a sound contractor. Councilperson Clark stated that he feels eliminating the sound system portion could stop the whole project and that meeting on Thursday won't change anything. Getty/Welper that "Resolution awarding contract to Prairie Construction in the amount of $1,132,000.00 for said project", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated he believes the local sound contractor was treated unfairly and he won't support this motion. Councilperson Greenwood stated he needs to talk to Mr. Doyle and the contractor. Councilperson Greenwood stated this is a local company, a taxpayer and a quality provider. Councilperson Jordan stated he will support Councilperson Greenwood and would like to wait until Thursday. Following comments a vote was taken on the above motion with the following result. Ayes: Two. Nays: Greenwood, Clark, Jordan. Absent: Hurley. Motion failed. HEARINGS 117913 - Jordan/Clark that proof of publication of notice of public hearing on San Marnan Drive Traffic Improvements - Phase II, STP -U-8155(657)-70-07, Contract No. 647, as published in the Des Moines Register on January 6, 2003, be received and placed on file. Ayes: Five. Absent: Hurley. Motion carried. 117914 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. January 13, 2003 HEARINGS CONTINUED Jordan/Clark Page 4 that the hearing be closed and oral and written comments be received and placed on file. Ayes: Five. Absent: Hurley. Motion carried. 117915 - Jordan/Welper that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with San Marnan Drive Traffic Improvements - Phase II, STP -U- 8155(657)-70-07, Contract No. 647", be adopted. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-27. 117916 - Welper/Jordan that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-28. 117917 - Jordan/Clark that proof of publication of notice of public hearing on the request of homeowners to rezone from "M-1" Light Industrial District to "R-1" Residence District property generally located at 3126, 3142, 3200, 3226, 3242, 3150 and 3252 E. Shaulis Road to convert a legal nonconforming use to a legal conforming use, as published in the Waterloo Courier on December 31, 2002, be received and placed on file. Ayes: Five. Absent: Hurley. Motion carried. 117918 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Clark/Jordan 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: Five. Absent: Hurley. Motion carried. 117919 - Jordan/Greenwood that "an Ordinance, Property", time. Aye Ordinance amending Ordinance No. 2479, as amended, City Zoning by adding Subsection No. 335 to Section 2A-5, Rezoning Certain be received, placed on file, considered and passed for the first s: Five. Absent: Hurley. Motion carried. 117920 - Jordan/Greenwood that proof of publication of notice of public hearing on the request of Jason Christens to reduce 8 foot utility easement to 5 foot for property generally located at 2742 Crestline Avenue for the purpose of constructing a detached garage, as published in the Waterloo Courier on January 3, 2003, be received and placed on file. Ayes: Five. Absent: Hurley. Motion carried. 117921 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Greenwood 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: Five. Absent: Hurley. Motion carried. 117922 - Getty/Clark that "an Ordinance reducing the 8 foot utility easement to 5 foot for property generally located at 2742 Crestline", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Hurley. Motion carried. 117923 - Clark/Jordan that proof of publication of notice of public hearing on request of Blake Development Company to rezone from "R-2" One and Two Family Residence District and "C-2" Commercial District to "C -2,C -Z" Conditional Zoning property generally located at the northeast corner of Ansborough Avenue and Upton Drive for the purpose of constructing mini storage buildings and an office building, as published in the Waterloo Courier on December 31, 2002, be received and placed on file. Ayes: Five. Absent: Hurley. Motion carried. • • January 13, 2003 • • HEARINGS CONTINUED 117924 - Jordan/Clark Page 5 that the hearing be tabled indefinitely at request of applicant. Ayes: Five. Absent: Hurley. Motion carried. PETITIONS FROM PUBLIC 117925 - Welper/Clark that communication from Assistant City Planner transmitting request of Gina Jordan to sell and convey for $16,800.00 city -owned property generally located on Dundee Avenue between Stratford and Upton Avenues be received, placed on file and "Resolution setting date of hearing as January 27, 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: Four. Abstain: Jordan. Absent: Hurley. Resolution adopted and upon approval of Mayor assigned No. 2003-29. 117926 - Welper/Clark that communication from Assistant City Planner transmitting request of Waterloo Schools to sell and convey for $1.00 property generally located at the southwest corner of Walker Street and Longfellow Avenue be received, placed on file and "Resolution setting date of hearing as February 3, 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: Five. Absent: Hurley. Resolution adopted and upon approval of Mayor assigned No. 2003-30. DOCUMENTS 117927 - Clark/Jordan that communication from Associate Engineer transmitting Grade Crossing Surface Repair Fund agreements with Iowa Department of Transportation and Iowa Northern Railway Company in conjunction with reconstruction of railroad crossings at 18th Street and 11th Street at an estimated cost of $117,324.99, with City match of $25,465.00, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-31. 117928 - Clark/Jordan that communication from Associate Engineer transmitting an agreement with Schenk Engineering Company of Waterloo, Iowa in an amount not to exceed $65,226.00, with City match of $32,613.00, for engineering services in conjunction with F.Y. 2003 Northeast Industrial Park - GT Drive Extension Project, RM -8155(658)-90-07, Contract No. 663, be received, placed on file and "Resolution approving said 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. Councilperson Greenwood asked if this extension is exclusively for Gray Transportation. Don Temeyer, City Planner, responded this is a new road to open up additional lots, with a little piece attached to Gray Transportation. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-32. 117929 - Clark/Jordan that communication from Chief of Police transmitting updated 28D and 28E Agreement with the cities of Cedar Falls, Evansdale, Hudson, LaPorte City, Waverly, Black Hawk County, Bremer County and the University of Northern Iowa in conjunction with Tri -County Drug Task Force be received, placed on file and "Resolution approving said Agreements", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-33. January 13, 2003 DOCUMENTS CONTINUED 117930 - Clark/Jordan Page 6 that communication from Senior Planner transmitting application for Wayne C. Hugill for tax exemptions on improvements totaling $7,020.00 for property located at 424 Columbia 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 County Assessor. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, City Planner, stated that Councilperson Getty has asked about the code violation for this address, and it is mostly clean up. Mr. Temeyer stated we need to work with the business, which is working out of a garage, but the CURA application is okay. Councilperson Getty stated that Planning and Zoning has looked at this property regarding the owner running a business out of his garage, which remains to be seen. This CURA application is for a garage he built. Councilperson Clark stated he agrees with Councilperson Getty and would ask Mr. Cutwright to stay on top of this. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-34. RESOLUTIONS TO BE ADOPTED 117931 - Getty/Greenwood that communication from Assistant City Planner transmitting updated Comprehensive Long Range Land Use Plan be received, placed on file and "Resolution setting date of hearing as February 3, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described plan", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval of Mayor assigned No. 2003-35. BILLS PAYMENT 117932 - Jordan that "Resolution approving Schedule AP640, pp. 1-95, dated January 13, 2003, in the amount of $2,009,232.11, 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: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-36. NEW BUSINESS 117933 - Getty/Jordan to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Salvaged Asphalt Crushing, Contract No. 662, be received, placed on file and approved. Ayes: Five. Absent: Hurley. Motion carried. 117934 - Jordan/Clark that plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Salvaged Asphalt Crushing, Contract No. 662, be received and placed on file. Ayes: Five. Absent: Hurley. Motion carried 117935 - Getty/Jordan that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-37. 41 • January 13, 2003 • 1 NEW BUSINESS CONTINUED 117936 - Jordan/Welper Page 7 that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as January 27, 2003, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-38. ADJOURNMENT 117937 - Clark/Getty that the Council adjourn at 6:15 p.m. Ayes: Five. Absent: Hurley. Motion carried. Llie.4141. 2a2.4.) Nancy Eckert City Clerk