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HomeMy WebLinkAboutMinutes-09/15/2003• • September 15, 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, September 15, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Clark, Jordan, Hurley, Getty. Absent: Greenwood. Invocation by: Rudy Jones, Community Development Director. Pledge of Allegiance: Councilperson Ron Welper. 118814 Jordan/Welper that the Agenda, as proposed, for the Regular Session on Monday, September 15, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 118815 - Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, September 8, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 118816 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Communication from City Engineer transmitting request of Lori Heidt- Johnson for a waiver for a concrete driveway to be located at 119 Belleview Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-605. 2. Communication from City Engineer transmitting request of Juso Ikahovic for a waiver for a concrete driveway to be located at 1320 Wisconsin Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-606. b. Motion to approve the following: 1. Bob Etringer, Sports Programmer, to attend National Certified Pool Operator School in Cedar Falls, Iowa, on January 13-14, 2004, with costs not to exceed $200.00. 2. Cheryl Huddleston, Human Resources Manager, to attend Iowa Public Employers Labor Relations Association Annual Meeting in Des Moines, Iowa, on October 2-3, 2003, with costs not to exceed $180.00. c. Beer/Wine License Permit Application Special Class C Zio Johno's Spaghetti House, 900 LaPorte Road (Renewal) (Expires 10/03/04) (Includes Sunday Sales) d. Beer License Permit Application Class C UNA Market, Inc., 189 West 11th Street (New) (Expires 9/17/04) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Rudy's Taco, 2401 Falls Avenue (Renewal) (Expires 9/27/04) f. Bonds. g. Fireworks Display Application Waterloo Black Hawks, Young Arena on October 4, 2003 Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Greenwood. Motion carried. September 15, 2003 HEARINGS AND BIDS Page 2 118817 - Jordan/Getty that proof of publication of notice of public hearing on F.Y. 2003 Intersection Improvements For Franklin Street/1St Street and Franklin Street/5th Street, Contract No. 670, as published in the Waterloo Courier on September 8, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 118818 - 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 oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 118819 - Getty/Kincaid that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Intersection Improvements For Franklin Street/lst Street and Franklin Street/ 5th Street, Contract No. 670", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-607. 118820 - Jordan/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-608. 118821 - Hurley/Welper to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid Rampart Corporation, Waterloo, IA 5% $68,468.30 Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 118822 - Jordan/Getty that proof of publication of notice of public hearing on request of Ray Baldwin to rezone from "A-1" Agricultural District to "R-1" Residential District property generally located near the intersection of Highway 63 and Airline Highway for the purpose of constructing a single family home, as published in the Waterloo Courier on September 4, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 118823 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Kincaid 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: Six. Absent: Greenwood. Motion carried. 118824 - Getty/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 348 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 118825 - Jordan/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. • • • September 15, 2003 Page 3 HEARINGS CONTINUED 118826 - Kincaid/Getty that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 348 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4646. 118827 - Hurley/Jordan that proof of publication of notice of public hearing on the allocation of grant in the amount of $61,575.00 from the U.S. Department of Justice for F.Y. 2003 Local Law Enforcement Block Grant Program (LLEBG) with a required local match of $6,841.67, as published in the Waterloo Courier on September 4, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 118828 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Kincaid that the hearing be closed and recommendation of the Advisory Committee and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 118829 - Getty/Jordan that "Resolution approving said grant and allocation of funds", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-609. UNFINISHED BUSINESS 118830 - Mayor Rooff reported Louis Starks, Contract Compliance Officer, reviewed the MBE/WBE participation for the project. Based upon the Engineer's estimate of the total contract amount and the level of MBE/WBE participation by WATCO and Quick Construction, Mr. Starks concurs in the award of the contract to B & B Builders, and that given the size of the project, the levels of MBE/WBE participation demonstrate good faith compliance. Welper/Kincaid that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $53,430.35 to B & B Builders and Supply of Waterloo, Iowa, in conjunction with F.Y. 2003 Falls Avenue/University Avenue ADA Pedestrian Way, Contract No. 669, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-610. DOCUMENTS 118831 - Getty/Clark that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $53,430.35 from B & B Builders and Supply of Waterloo, Iowa, in conjunction with F.Y. 2003 Falls Avenue/University Avenue ADA Pedestrian Way, Contract No. 669, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-611. 118832 - Getty/Clark that communication from Chief of Police transmitting agreement with the U.S. Department of Justice, Bureau of Justice Assistance, for F.Y. 2003 Local Law Enforcement Block Grant (LLEBG) in the amount of $61,575.00, with a required local match of $6,841.67, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-612. September 15, 2003 DOCUMENTS CONTINUED 118833 - Getty/Clark Page 4 that communication from Leisure Services Director transmitting five-year agreement with Buck's Baseball, Inc. for lease of Waterloo Riverfront Stadium at a cost of $1.00 per year, with profit sharing in the form of cash or stadium improvements of $5,000.00 per year or 20 percent of net profit, whichever is greater, 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. Mayor Rooff stated that we are all enjoying good quality baseball at Riverfront Stadium and introduced Gary Rima. Gary Rima, General Manager of the Bucks, stated the agreement is for five years. The previous five years we have really improved the usage and condition of the stadium. Mr. Rima reported that the use of the stadium has increased from 50 baseball games five years ago to about 110 games this year, which includes games for the collegiate -level Northwoods League Bucks, the University of Northern Iowa, high school teams and the Optimist World Series games. Mr. Rima thanked the council, Paul Huting and Leisure Services for their cooperation in renovation of the stadium. Mr. Rima stated there are still a few things left to do at the stadium, but in the next few years we are going to have it in pretty good shape. Mr. Rima reported that about 1,800 to 1,900 fans attend each game and the goal is to have 2,000 per game. From March to October about 125,000 fans go through the stadium gates. Mayor Rooff commented that the Diamonds were averaging about 800 people per game and the Bucks have more than doubled that number. Mayor Rooff stated that more people are enjoying baseball, and the Diamonds have set up a program which makes it affordable to families. Councilperson Hurley thanked Mr. Rima for all he does for baseball. Councilperson Hurley stated that the agreement says the Bucks will either make improvements of $5,000.00 each year or 20 percent of the net profits, whichever is greater, and he asked if the money goes to the general fund or for capital improvements. Mr. Rima responded that the money has been put back into the stadium, and the last five year the Bucks have spent $6,000.00 per year. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-613. 118834 - Getty/Clark that communication from City Engineer transmitting Certificate of Completion and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $5,175,874.35 in conjunction with F.Y. 2000 Martin Luther King, Jr. Drive, Phases IV and V, STP -U-8155(31)-70-07, STP - U -8155(34)-70-07, Contract No. 556, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-614. 118835 - Getty/Clark that communication from Associate Planner transmitting request of Greater Black Hawk Habitat for Humanity for tax exemptions on improvements totaling $50,000.00 for property located at 924 Logan Avenue 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-615. 118836 - Getty/Clark that communication from Associate Planner transmitting request of Greater Black Hawk Habitat for Humanity for tax exemptions on improvements totaling $50,000.00 for property located at 925 Logan Avenue 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: Six. Absent: Greenwood. t Resolution adopand upon approval by Mayor ass d No. 2003-616. t. • • September 15, 2003 Page 5 DOCUMENTS CONTINUED 118837 - Getty/Clark that communication from Associate Planner transmitting request of Greater Black Hawk Habitat for Humanity for tax exemptions on improvements totaling $50,000.00 for property located at 36 Dawson 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. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-617. 118838 - Getty/Clark that communication from Associate Planner transmitting request of Greater Black Hawk Habitat for Humanity for tax exemptions on improvements totaling $50,000.00 for property located at 930 Logan Avenue 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-618. 118839 - Getty/Clark that communication from Associate Planner transmitting request of Sandra Plum for tax exemptions on improvements totaling $9,165.00 for property located at 601 Dundee Avenue 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-619. RESOLUTIONS TO BE ADOPTED 118840 - Hurley/Jordan that communication from Community Development Director transmitting request to purchase property located at 803 Mobile Street at a cost of $4,700.00 using Low Income Housing Assistance Program (LHAP) funds be received, placed on file and "Resolution approving acquisition of said property", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-620. 118841 - Jordan/Clark that "Resolution setting date of hearing as October 6, 2003, at 5:30 p.m. in the City Hall Council Chambers on sale and conveyance of the Dunsmore House located at 902 Logan Avenue to Ben and Kaleen Hanson", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-621. BILLS PAYMENT 118842 - Jordan that "Resolution approving Schedule AP640, pp. 1-85, dated September 15, 2003, in the amount of $619,004.64, 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-622. NEW BUSINESS 118843 - Jordan/Welper to instruct Superintendent of Traffic Operation to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Video Detection Systems, West 4th Street/Ansborough Avenue and Greenhill Road/Rainbow Drive, Contract No. 674, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. September 15, 2003 Page 6 NEW BUSINESS CONTINUED 118844 - Jordan/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Video Detection Systems, West 4th Street/Ansborough Avenue and Greenhill Road/Rainbow Drive, Contract No. 674, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 118845 - Getty/Jordan that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-623. 118846 - Hurley/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 22, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-624. 118847 - Welper/Jordan that communication from Superintendent of Traffic Operations transmitting request to perform study of possible removal of the traffic signals at Vinton Street and Mulberry Street be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-625. 118848 - Getty/Hurley that the Council adjourn to Executive Session at 5:56 p.m.. Ayes: Six. Absent: Greenwood. Motion carried. EXECUTIVE SESSION Jim Walsh, City Attorney, stated that discussion of litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2003). 118849 - Clark/Hurley that the Council adjourn Executive Session at 6:05 p.m. Ayes: Six. Absent: Greenwood. Motion carried. 118850 - Clark/Jordan that the settlement agreement with Rebecca Post be received, placed on file and approved and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-626. ADJOURNMENT 118851 - Jordan/Clark that the Council adjourn at 6:07 p.m. Ayes: Six. Absent: Greenwood. Motion carried. aUX aEckert City Clerk • 1