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HomeMy WebLinkAboutMinutes-08/16/2004• August 16, 2004 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, August 16, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clarke Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Mayor Tim Hurley. 120273 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, August 16, 2004, at 5:30 p.m., be accepted and approved. Ayes: Sevei. Motion carried. 120274 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, August 9, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seve. Motion carried. CONSENT AGENDA 120275 - Kincaid/Gunderson that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-78, dated August 16, 2004, in the amount of $616,922.67, a copy of which i$ on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2004-535. 2. Communication from City Engineer transmitting request of Phil Bailey for a waiver for a concrete driveway to be located at 1231 Garden Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-536. 3. Communication from City Engineer transmitting request of Ivan D. Hankins III for a waiver for a concrete driveway, to be located at 449 Martin Road, together with recommendation of apprpval. Resolution adopted and upon approval by Mayor assigned No. 2004-537. 4. Communication from City Engineer transmitting request of Sandra K. White for a waiver for a concrete driveway to be located at 752 Hickory Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-538. 5. Communication from City Clerk transmitting regiest of Donna Penne, 1524 West 4th Street, for a variance to the Noise Ordinance on September 4, 2004, from 3:00 p.m. to 8:00 p.m. in conjunction with a neighborhood block party to be held in the alley located in the 1500 block of West Fourth Street between the 500 bloc of Sullivan and 400 block of Bayard, including a DJ playing music, together with recommendation of approval of Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2004-539. 6. Communication from City Clerk transmitting request of Reverend Helen Seenster and Shandra Mitchell for a waiver to the Noise Ordinance on August 22, 2004, from 8:00 a.m. to 6:00 p.m., in conjunction with outdoor church services to be held on Wellington Street from West 2nd Street to West 1st Street, including a PA system and music, together with recommendation of approval of Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2004-540. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of Pat Cole to the Airport Board,lwith term expiration date of January 14, 2007. August 16, 2004 Page 2 CONSENT AGENDA CONTINUED 2. Communication from Community Planning & Development Director transmitting recommendation of appointment of David Becker to the position of Housing Maintenance, effective at a mutually agreed upon date. 3. Brian Baker, Chief HVAC Inspector; Dan Youngblood, Chief Combination Inspector; Bob Osgood, Chief Plumbing Inspector, to attend IAPMO 2003 Uniform Mechanical Code Seminar in Cedar Rapids, Iowa, on September 24, 2004, with costs not to exceed $495.00, including use of city vehicle. 4. Tim Hurley, Mayor, to attend Iowa League of Cities 106th Annual Conference and Exhibits in Sioux City, Iowa, on September 23-24, 2004, with costs not to exceed $315.00. 5. Louis Cutwright, Building Official/Maintenance Administrator, to attend 2004 Iowa Downtown Summit in Muscatine, Iowa, on August 24-25, 2004, with costs not to exceed $210.00, including use of city vehicle. 6. John Mattson, Fire Inspector, and Dave Boesen, Fire Marshal, to attend Fire Investigation Seminar in Waterloo, Iowa, on September 14-17, 2004, with costs not to exceed $250.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/22/05) (Includes Sunday Sales) Kings and Queens Tap, 304-306 West 4th Street (Renewal) (Expires 8/27/05) (Includes Sunday Sales) d. Bonds. Ayes: Seven. Motion carried. ASSESSMENT HEARING 120276 - Welper/Kincaid that proof of publication of notice of public hearing on F.Y. 2005 Sidewalk Repair Assessment Program — Zone 4, Contract No. 679, as published in the Waterloo Courier on July 29, 2004, and August 5, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120277 - This being the time and place of public hearing, the Mayor called for written and oral objections. Steve Michael, 2472 105th Street, Ackley, Iowa and Vice -President of the El Mecca Shrine Club, reported that the city sent him a notice that the curb out front is all messed up and that they are going to have to fix it at a cost of $22,000.00. It's very plain to see if you go out front and look at it the reason its torn up is because the snow plows are coming down there and tearing up the concrete. Mayor Hurley asked if Mr. Michael feels the repairs were not the Shrine Club's responsibility. Mr. Michael responded no, he doesn't think so. If the snow plow is tearing it up, he doesn't see how it could possibly be El Mecca's fault. It was in good repair. Dennis Gentz, Assistant City Engineer, stated that Gary Heinick, Associate Engineer, has been handling the Sidewalk Assessment Program and has been out to inspect the sidewalks. Mr. Michael said the address of the property is 716 Commercial Street. Mr. Gentz reviewed the process for the Sidewalk Repair Assessment Program. At the very beginning the City Engineering Department inspects all the sidewalks in the zone, and a notice is sent out in May notifying all the properties of any deficiencies that need to be addressed. They are given a certain amount of time to either hire someone to make those repairs or to become bonded and make those repairs themselves. June 18, 2004 was the cut off day for permits to be obtained. If a property owner qualifies for Block Grant funding then they are able to submit their information to Community Development to verify their qualifications. If a property owner does not qualify for Block Grant or does not hire someone to do the repairs, then it would go into an assessment program, an assessment notice is sent out with an estimated cost to do those repairs, and the city hires a contractor to make those repairs. There are some administrative costs that are added for office personnel. Once the work is completed a final assessment is sent out to each property within the assessment project. • August 16, 2004 Page 3 ASSESSMENT HEARING CONTINUED Gary Heinick, Associate Engineer, reported the exact cost that was sent to the El Mecca Shrine Club after the final inspection is $2,250.00. The reason for that cost is there is a coal vault in front of the building. Mr. Heinick stated some of the vaults the city found on the west side of Waterloo, which were nine, did not go all the way to the curb. They st ped short, and there were one or two feet between the coal vault wall and he curb. El Mecca's vault extended the entire width of the sidewalk to the curb and what is happening is the concrete is simply deteriorating. This is a Class A vault repair where the contractor will come in and chip the old concrete down until he gets to good reinforcing steel. If he doesn't we put in new reinforcing steel and pin that to the street and basically have repaired the vault. It is not the curb but behind the back of the curb where it is falling apart. It is an area about 11 feet long and 3 feet wide and about 3 foot on each square so it makes a u -shape thing. Out of the nine vaults, El MecCa's is the only vault that was not fixed. Everyone else chose to use a contractor on their own, take out a permit and fix it and most of them used one contractor. The estimated cost is $2,250.00, but we will know when the city open the bids. This vault becomes integral to the street, not the other way around. Mr. Michael reported El Mecca has been approached by the gambling interests that they would like to purchase their building. Mr. Michael asked how much time do they have to get this done or can they wait until a decision is made when they want to do it because the gambling license isn't going to be until December, if they get a license. Mr. Michael stated if the gambling interests do get a license and they do buy El Mecca's building and tear it down, El Mecca has spent $2,000 or however many dollars for a lot of nothing. Mr. Michael stated a main concern is if gambling does happen there they are just going to come in and tear down the building. Mr. Gentz stated as of now, if council approves opening the bids and approves the sidewalk project, that would become part of the assessment project so the work would be done and assessed to the property. Mr. Lentz stated he is not exactly sure what route would be taken if El Mecca's repair were pulled out of the assessment program at this point. Jim Walsh, City Attorney, stated the city has to follow the procedure if somebody should happen to put a building up there before we fix the curb, then the city would not have to fix the curb. Mr. Walsh stated the gambling location is unknown at this time, but he realizes they are out asking for options around El Mecca's part of town. Whether they actually build it there or not, they have asked for options on a lot of different places. Whether they get a license, whether they build it, all these are uncertains and unknowns. This is a policy decision the council could make if they wanted to, but it wouldn't be good policy to say somebody might build something there someday so let's not fix the sidewalks. Mr. Michael stated they did not receive notification in May. El Mecca Shrine Club just received the notification the other day, and that is the first notification they received. Mr. Heinick reiterated the city only looks at structurally deficient sidewalks or vaults that are unsafe and a person could trip. El Mecca's vault basically goes back 4 feet from the back of the curb, and that is an area that a person could trip, and it is deteriorated. Dan Bush, President of the Shrine Club, reported at this late notice they had a cement contractor come down and look at what the city is talking about. He told them today that the vault ends 2 feet from the curb, but they have not had a chance to look at it themselves. Mr. Bush asked if there a way they can get an extension on whatever the city wants done so they can get this done. The other people had since May, but they just received this notice about two weeks ago. Mr. Gentz responded that the initial notice and information on the need for the repair would have been sent out approximately April 30th, which would have contained all the dates as far as hiring someone to do the work yourself. Mr. Walsh stated we need to open the bids and proceed With the bids. If they want to fix it themselves and it is fixed before the w*rk is done, he doesn't know what is going to happen. There are people who wants to do the work. They want to open the bids. Mr. Gentz asked if there is a way to verify El Mecca received the first notice. Nancy Eckert, City Clerk, responded the city does not send out by certified mail, we just send out by ordinary mail. If they were On the schedule then we would have mailed them notification. August 16, 2004 Page 4 ASSESSMENT HEARING CONTINUED Mr. Bush stated El Mecca wants to do whatever is necessary, they are not here to dispute anything, they just want to try to do it where it is in their best interest as well as the city's. Councilperson Greenwood stated when the city came in front of his business several years ago, they came and they put a little white paint spot on the sidewalk, so when he walked out to the mailbox he saw that it was in need of repair, that the city had inspected the sidewalk. Mr. Bush stated there is a white spot on that sidewalk, but he did not know what that white spot was for. Mr. Bush stated he does not go to the front of the building to get their mail, but goes down to the post office to get it. The letter they received in August was delivered to their post office box. Mr. Bush stated they hardly ever go out the front door. Everybody uses the back door that comes into the city parking lot, so that is why they didn't know there was even a problem out there. Councilperson Clark stated it seems like this comes up one or two times every year. Councilperson Clark asked if it would be terribly expensive to send the notices by registered mail so that we have some verification that these notices are received. Ms. Eckert responded that the city used to mail by certified mail as we were required by the State to do it by certified letter, but that is no longer required. Ms. Eckert stated it could possibly cost a dollar or more per envelope to send by certified mail. Mr. Walsh stated the difference is whether it is done with our contractors or his contractors. It is only a question of whose going to fix it, not whether it needs to be fixed. Mr. Heinick reported the original schedule that was mailed in May was mailed to the El Mecca Shrine Club Holding Company, 716 Commercial Street. Mr. Bush responded that probably ended up in what they call a 'Dead Letter Office' as they haven't received mail at that address for quite some time as they have a post office box. Mr. Bush stated they do not get mail at that address as there is no one there so they have everything sent to the post office and that's where they pick up E1 Mecca's mail. That is why they didn't get the first notice the city sent out, but the second one the city sent to P.O. Box 985. Mr. Bush stated he is not disputing that the city sent one out, but he is asking for a little time so they can get the same thing together that other people have already done. Mr. Bush stated they would need a couple of weeks in order to get some contractors to look at it and give them bids versus the bid received by the city. Mayor Hurley responded the city cannot procedurally proceed and leave E1 Mecca out of the project, so we would have to hold up the whole project, and we have the construction season in front of us, or what remains of it. Mayor Hurley asked Mr. Bush if they could get done what they need to get done in a week, not two. Mr. Bush replied he would do his very best. Mayor Hurley said he was toying with tabling this until next week. Mr. Walsh stated the problem is, if this is taken out of the bid, where are we at then. Mr. Walsh stated he presumed we could open the bids, award it to the lowest bidder and then do a change order, but the economics of that are always iffy. Mr. Walsh recommended the city open the bids and face the problem later as to whether or not E1 Mecca can get a contractor to fix it more cheaply than the contractor has bid. And if it turns out they can do it a lot cheaper than the contractor's bid, maybe we can ask the contractor for a change order, take that out of there and redo it. If the contractor refuses, we probably will have to turn down Mr. Bush. Mr. Gentz reported that he had anticipated receiving the bids tonight and hoped to award and approve the contract next Monday in the interest of getting the job going because of the fifth Monday coming up this month where there would not be a council meeting and we would lose a couple of weeks. Possibly it could be early September when the work would begin. Mr. Bush asked if it is repaired by then, then they don't have to fix it, and does that leave the city in a bind if El Mecca goes ahead and fixes it. Mr. Walsh replied that basically what has happened is the city already agreed to pay the contractor for that work by opening and accepting his bid and we are totally at his mercy. The contractor could say give me what I bid, I don't care if these people want their curb fixed or not, and the city could end up paying for the work even if El Mecca does the work themselves. Mr. Walsh asked if there is a reason E1 Mecca doesn't trust that the city's contractor is going to do it right. Mr. Bush replied that no one has ever said the city contractor wouldn't do it right, but with the contacts they have, E1 Mecca could probably 1110 get it done a lit cheaper. • 1 • August 16, 2004 Page 5 ASSESSMENT HEARING CONTINUED Mr. Walsh stated the point being raised here is once we allow it this time, the city could end up with a whole bunch of people coming fo'ward saying I didn't know you could come back later and say I got a contract and I can do it cheaper. It undermines the whole bid process we've just gone through. Mr. Bush stated this is the first notice they received, and that is post office error, or somebody's error that sent it to the wrong address. Mr. Heinick reported that is the mail to address shown qn the printout which the city received from the address of record at the Courthouse. Mr. Heinick stated that the Court House is constantly updating the database over there so the mail to address may have been changed, but the mailing list comes directly from the Courthouse based on the parcel number and the address is assigned by parcel number. Steve Ohrts, 828 Brookside Ave, Evansdale, Iowa, stated he purchased 730 West 11th Street towards the end of April, and he never received anything from the city before the notice mailed two weeks ago. Mr. Ohrts stated that the previous owner was a bank in California. Mr. Ohrts stated there are no white spots or anything on his sidewalk. The neighbors have white spots. Mr. Heinick stated that the final schedule of the asessment is the same address that the form went to, 716 Commercial Street. There's no post office box showing on our mailing of the final. Mayor Hurley asked what the city does in situations where properties have changed hands around the critical times of the mailings, do we go with who the property owner of record. Mr. Gentz responded that at the time the initial notice is sent out, it is sent to the owner, and if the property changes hands between then and the notice just received then it is really between the buyer and the seller to have worked that out or to notify one anpther. Mr. Ohrts stated there are no white spots on his sidewalks. Mr. Gentz responded there is one square marked near the driveway, 4.5 by 5.3. Sometimes a little grass grows over the spot. Mr. Heinick stated the statement for 730 W. 11th Street shows the property is being assessed for 23.9 square feet at a cost of $684.00, and it may have changed when the final measurements were made prior to the final assessment. Welper/Kincaid that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 120278 - Welper/Cole that "Proposed Resolution of Necessity in conjunction with above described project", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated that he will vote to proceed even though he has empathy for these citizens, but the city needs to proceed with the project. We have bids, and they are normally good prices on the bids. 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. 2004-541. HEARINGS AND BIDS 120279 - Schmitt/Gunderson that proof of publication of notice of public hearing on F.Y. 2005 Sidewalk Repair Assessment Program — Zone 4, Contract No. 679, as published in the Waterloo Courier on August 2, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120280 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. August 16, 2004 Page 6 HEARINGS AND BIDS CONTINUED 120281 - Gunderson/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Sidewalk Repair Assessment Program — Zone 4, Contract No. 679", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-542. 120282 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-543. 120283 - Welper/Kincaid to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid Borwig Building Services, Waterloo, IA 5% $63,576.00 B & B Builders & Supply, Waterloo, IA 5% $64,482.23 TI-ZACK Concrete, Inc., LeCenter, MN 5% $54,787.65 Ayes: Seven. Motion carried. 120284 - Gunderson/Kincaid that proof of publication of notice of public hearing on Purchasing Outdoor Public Warning Sirens, FY 2005 - TRAF- 104-04, as published in the Waterloo Courier on July 27, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120285 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 120286 - Schmitt/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Purchasing Outdoor Public Warning Sirens, FY 2005 - TRAF - 104-04", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-544. 120287 - Schmitt/Cole that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-545. 120288 - Schmitt/Kincaid to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder !Bid Bond ATI Systems, East Boston, MA Federal Signal Corp., University Park, IL Fesler's, Inc., North Liberty, IA Radio Communications, Waterloo, IA Ayes: Seven. Motion carried. HEARINGS 120289 - Gunderson/Welper $4,415.00 5 $3,300.00 5% Bid Amount $88,300.00 $57,664.00 $60,170.72 $68,714.00 that proof of publication of notice of public hearing on Sergeant Road Recreational Trail, Contract No. 668, NRT-NT03(7)-9G-07, STP -E -8155(670)-8V-07, as published in the Waterloo Courier on August 5, 004, be received and placed on file. Ayes: •n. Motion carried. • August 16, 2004 HEARINGS CONTINUED Page 7 120290 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 120291 - Gunderson/Kincaid that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-546. 120292 - Kincaid/Schmitt that proof of publication of notice of public hearing on reallocation of $75,000 in unspent proceeds of General Obligation Bonds, Series 2003A, to pay costs of storm water quality management projects and bridge inspection and repairs, as published in the Waterloo Courier on August 5, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120293 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 120294 - Gunderson/Schmitt that "Resolution instituting proceedings to take additional action for issuance of said bonds and approving said reallocation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-547. DOCUMENTS 120295 - Cole/Greenwood that communication from City Planner transmitting Preliminary Plat of Summerland Farms, together with report of City Engineer and Staff report, be received, placed on file and "Resolution approving said', Preliminary Plat", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper noted that according to paperwork he received, the Water Works has some concerns. Steve Scharfenberg, Waterloo Water Works, responded that the original plat indicated Blue Sage Road would be a thru street, and the Water Works could extend the water main. This plat does not show Bluq Sage Road as a thru street, and the Water Works is working with the engineering firm for an easement to put in the water main. 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. 2004-548. 120296 - Cole/Greenwood that communication from Associate Planner transmitting request of John Schlindwein for tax exemptions on improvements totaling $6,000.00 for property located at 1702 Lafayette 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-549. August 16, 2004 Page 8 DOCUMENTS CONTINUED 120297 - Cole/Greenwood that communication from Superintendent of Traffic Operations request to submit applications to the Iowa Department Traffic Safety Funds grants for Flammang Drive and Sara cost of $48,000, Parker Avenue and Logan Avenue (US 63) of $45,000, Hawkeye Road and East Orange Road with $350,000, Olympic Drive and Ansborough Avenue with $80,000, Flammang Drive $150,000, Public Traffic $350,000, and GIS Based Traffic of $77,000, with no required and San Marnan Safety Awareness "Resolution approving said execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-550. 120298 - Cole/Greenwood Drive transmitting of Transportation for Drive with an estimated with an estimated cost an estimated cost of an estimated with an estimated Campaign with an estimated cost of cost of cost of Safety Management System with an estimated cost city match, be received, placed on file and applications", be adopted and Mayor authorized to that communication from Police Captain transmitting 28E Agreement for Tobacco Enforcement with the Iowa Alcoholic Beverages Division for the purpose of providing and funding tobacco enforcement activities be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-551. 120299 - Clark/Schmitt that communication from Airport Director transmitting an agreement with the Federal Aviation Administration for grant in the amount of $375,630.00 for funding of rehabilitation of Runway 12/30, replacing airfield signs and replacing 2/3 of concrete apron, with 5 percent of project to be funded with Passenger Facility Program funds, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-552. 120300 - Clark/Schmitt that communication from Airport Director transmitting an amendment to Architectural and Engineering agreement with Earth Tech Engineering at a cost of $138,500.00 to design and administer construction projects at the Airport to include design of reconstruction of additional commercial apron area, with 5 percent of project to be funded with Passenger Facility Program funds, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-553. ADJOURNMENT 120301 - Welper/Schmitt that the Council adjourn at 6:21 p.m. Ayes: Seven. Motion carried. �GJII"xt^- NancEckert CMC Y City Clerk