HomeMy WebLinkAboutMinutes-02/02/2004• •
February 2, 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, February 2, 2004. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Welper.
Absent: Gunderson.
Moment of Silence.
Pledge of Allegiance: Don Temeyer, Community Planning & Development Director.
119341 - Welper/Greenwood
that the Agenda, as proposed, for the Regular Session on Monday, February 2,
2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Gunderson.
Motion carried.
119342 - Welper/Greenwood
that the Minutes, as proposed, for the Regular Session on Monday, January 26,
2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Gunderson.
Motion carried.
CONSENT AGENDA
119343 - Welper/Clark
that the following items on the consent agenda be received, placed on file and
approved:
a. Communication from Mayor Hurley transmitting recommendation of
reappointment of Marcia Courbat (alternate Elaine Clemens) and Donald
Ticknor to the Memorial Hall Commission, with term expiration date of
December 1, 2006.
b. Communication from Police Chief transmitting request of March of Dimes to
hold 2004 March of Dimes WalkAmerica on April 24, 2004, from 8:30 a.m. to
approximately 1:00 p.m., with walk to start and finish at Central Middle
School.
c. Communication from Police Chief transmitting request of A.B.A.T.E. of Iowa,
District 16, to hold annual Motorcycle Awareness Ride on May 15, 2004,
starting at noon, with route to begin at Black Hawk County Courthouse
parking lot on Mulberry Street, left on East 5th Street to West 4th Street
to Martin Road, right on Ansborough Avenue to University Avenue, with ride
to continue to Cedar Falls and Evansdale.
d. Communication from Police Chief transmitting request of Motorcycle
Awareness Council to hold 14th Annual Motorcycle Awareness Ride on May 15,
2004, starting at noon, with route to begin at Junies Truck Stop in Elk Run
Heights through Evansdale into Waterloo, Cedar Falls and back to the truck
stop in Elk Run Heights.
e. Communication from City Clerk transmitting request of Dennis Halverson for
a variance to Section 5-2-6 of the Waterloo Code of Ordinances, which
prohibits discharging of firearms and discharging and possessing air rifles
and similar devices within the city, to allow two-day paintball gaming
event at McElroy Auditorium on December 13, 2004, from 7:00 a.m. to 7:00
p.m. and December 14, 2004, from 7:00 a.m. to 3:00 p.m.
f. John Daws, Police Lieutenant, to attend Trends and Techniques in Internal
Affairs course in Louisville, Kentucky, on March 14-20, 2004, with costs
not to exceed $1,460.00, including use of city vehicle.
g Scott Destival, Golf Manager, to attend Golf Show in Minneapolis,
Minnesota, on February 27-29, 2004, with costs not to exceed $370.64.
h. Rudy Jones, Community Development Director; Louis Starks, Contract and
Grants Coordinator; and Walter Reed, Human Rights Director, to attend and
participate as panelists for Conference on Minority Public Administrators
Workshops in Tulsa, Oklahoma, on March 2-6, 2004, with costs not to exceed
$755.00 each, including use of city vehicle.
i. Ralph Baracz, Instructor, to teach Operations Level Class in Frankville,
Iowa, on February 7-8, 2004, with costs not to exceed $165.00.
February 2, 2004
CONSENT AGENDA CONTINUED
J.
Page 2
Beer/Liquor License Permit Application
Class C
Blue River, 801 Commercial Street (Renewal) (Expires 02/14/05) (Includes
Sunday Sales)
Club Marquee, 118 East 11th Street (New) (Expires 2/2/05) (Includes Sunday
Sales)
Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (Renewal) Expires
3/11/05) (Includes Sunday Sales)
k. Liquor License Permit Application
Class E
Econofood, 1411 Flammang Drive (Renewal) (Expires 2/17/05) (Includes
Sunday Sales)
Sam's Club, 210 East Tower Park Drive (Renewal) (Expires 2/29/05)
(Includes Sunday Sales)
1. Beer License Permit Application
Class C
Econofood, 1411 Flammang Drive (Renewal) (Expires 2/17/05) (Includes
Sunday Sales)
Hy -Vee, 4000 University Avenue (Renewal) (Expires 3/15/05) (Includes
Sunday Sales)
Sam's Club, 210 East Tower Park Drive (Renewal) (Expires 2/29/05)
(Includes Sunday Sales)
m. Wine License Permit Application
Class B
Econofood, 1411 Flammang Drive (Renewal) (Expires 2/17/05) (Includes
Sunday Sales)
Hy -Vee, 4000 University Avenue (Renewal) (Expires 3/15/05) (Includes
Sunday Sales)
Sam's Club, 210 East Tower Park Drive (Renewal) (Expires 2/29/05)
(Includes Sunday Sales)
n. Outdoor Service Area
Lone Star Steakhouse & Saloon, 4045 Hammond Avenue
o. Fireworks Display Application
West High School, 425 E. Ridgeway Avenue for April 19, 2004 WestFest
Ayes: Six. Absent: Gunderson. Motion carried.
UNFINISHED BUSINESS
119344 - Kincaid/Welper
to receive, file and instruct City Clerk to open and read bids in conjunction
with F.Y. 2004 C.M.C. Parcel 2 Demolition, Contract No. 680, and refer to City
Engineer for review:
Bidder
Base Bid
Alt. 1
Alt. 2
Alt. 4
Alt. 5
Active Thermal Concepts, Inc.,
Hiawatha, IA
$236,366.00
$124,620.00
$27,000.00
$14,000.00
$34,950.00
Blount Excavating, LLC,
Independence, IA
$260,900.00
$91,850.00
$18,500.00
$2,000.00
$15,000.00
Ceilley Insulation,
Cedar Falls, IA
$255,850.00
$96,725.00
$34,800.00
$19,200.00
$80,200.00
HDB Construction, Inc.,
Topeka, KS
$603,052.08
$318,792.03
$86,598.26
$42,500.00
$84,632.00
Metro Wrecking,
Des Moines, IA
$263,500.00
$73,280.00
$13,100.00
$33,500.00
$20,000.00
Peterson Contractors, Inc.
Reinbeck, IA
$383,720.00
$122,000.00
$29,760.00
$5,750.00
$77,000.00
Ayes: Six. Absent: Gunderson. Motion carried.
PETITIONS FROM PUBLIC
119345 - Welper/Cole
that communication from City Planner transmitting request of Kimco Realty for a
site plan amendment to the "S-1" Shopping Center Commercial District for
redevelopment of the former Big K site generally located at 2715 Crossroads
Boulevard, together with recommendation of approval of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as February 16, 2004, 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: Six. Absent: Gunderson.
Resolution adopted upon approval by Mayor assier No. 2004-39.
February 2, 2004 Page 3
DOCUMENTS
119346 - Kincaid/Cole
that communication from Mayor Tim Hurley transmitting an addendum to 28E
Agreement with Black Hawk County Board of Supervisors for shared services of
Human Resources Director to extend to March 31, 2004, be received, placed on
file and "Resolution approving said addendum", be adopted and Mayor and City
Clerk authorized to execute same. Ayes: Six. Absent: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-40.
119347 - Kincaid/Cole
that communication from City Planner transmitting six-month agreement with
Hasan and Sajra Hadzic to lease property generally located at 820 Sycamore
Street for $800.00 per month to use for bar purposes be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor and City
Clerk authorized to execute same. Ayes: Six. Absent: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-41.
119348 - Kincaid/Cole
that communication from City Engineer transmitting Supplemental Agreement No. 1
with Earth Tech for additional evaluation of deterioration of the concrete pier
stems on the Park Avenue Bridge, with cost not to exceed $15,000.00, be
received, placed on file and "Resolution approving said Supplemental Agreement
No. 1", be adopted and Mayor and City Clerk authorized to execute same. Ayes:
Six. Absent: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-42.
119349 - Greenwood/Cole
that communication from City Engineer transmitting Change Order No. 7 for a net
increase in the amount of $16,499.68 for work performed by Aspro, Inc. &
Subsidiaries of Waterloo, Iowa, in conjunction with F.Y. 2003 Street
Reconstruction Program, Contract No. 659, be received, placed on file and
approved and Mayor and City Clerk authorized to execute same. Ayes: Six.
Absent: Gunderson. Motion carried.
119350 - Cole/Kincaid
that communication from City Engineer transmitting Completion of Project and
Recommendation of Acceptance of Work performed by Aspro, Inc. & Subsidiaries of
Waterloo, Iowa, at a total cost of $3,343,182.55, in conjunction with F.Y. 2003
Street Reconstruction Program, Contract No. 659, be received, placed on file
and "Resolution approving said documents", be adopted and two-year Maintenance
Bond be received and placed on file. Ayes: Six. Absent: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-43.
119351 - Cole/Kincaid
that communication from City Engineer transmitting Completion of Project and
Recommendation of Acceptance of Work performed by KWS, Inc. of Cedar Falls,
Iowa, at a total cost of $550,077.97, with city's final cost of $124,122.19, in
conjunction with F.Y. 1999 Window on Waterloo - Phase V, STP -ES -8155-(32)-81-
07, Contract No. 579, be received, placed on file and "Resolution approving
said documents", be adopted. Ayes: Six. Absent: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-44.
119352 - Cole/Kincaid
that communication from Associate Engineer transmitting Federal -Aid Surface
Repair Agreement with Iowa Northern Railway Company and Iowa Department of
Transportation for reconstruction of railroad crossings at 15th Street, Mitchell
Avenue and Cedar Terrace Drive at an estimated cost of $98,837.76, with city's
estimated cost of $21,447.55, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor authorized to execute same.
Ayes: Six. Absent: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-45.
February 2, 2004 Page 4
DOCUMENTS CONTINUED
119353 - Schmitt/Welper
that communication from Associate Planner transmitting request of Steve Harvey
for tax exemptions on improvements totaling $36,196.00 for property located at
610 Englewood Avenue in the Consolidated Urban Renewal 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.
Councilperson Clark reported that he received a call from a citizen regarding a
CURA application for council approval on tonight's agenda. The citizen was
concerned that the property was commercial and not residential. Councilperson
Clark stated that commercial property in CURA districts is eligible for tax
exemptions, not just residential property. Councilperson Clark stated that the
citizen also had a zoning concern, and he asked Code Enforcement to review that
concern.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-46.
119354 - Schmitt/Welper
that communication from Associate Planner transmitting request of Timothy
Cummings for tax exemptions on improvements totaling $130,000.00 for property
located at 1023 Calhoun Street in the Consolidated Urban Renewal 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: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-47.
119355 - Schmitt/Welper
that communication from Community Planning and Development Director
transmitting Release of Real Estate Mortgage with Cedar Metal Works Corp., 803
Ricker Street, for full payment of Loan #RED -45 used for an addition to
building 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: Six. Absent: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-48.
119356 - Schmitt/Welper
that communication from City Planning transmitting permanent and temporary
easements for the following properties in conjunction with 18th Street Bridge
Approach and Roadway Project: Stetson total acquisition for $2,750.00 and
temporary easement for $500.00; Canadian National Railroad total acquisition
for $355.00; Youngblut Motors total acquisition for $725.00 and temporary
easement for $735.00; and temporary easements for Canadian National, Youngblut,
Waltemeyer, Zanotti, Gray Transportation, DLG Investments, Rice, RB Properties,
Psaros, Bartlett, Southworth, Pajazetovic and Stetson Building with a total
cost of $6,174.75 be received, placed on file and "Resolution approving said
easements", be adopted and Mayor authorized to execute same. Ayes: Six.
Absent: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-49.
119357 - Clark/Cole
that communication from Airport Director transmitting Change Order No. 4 for a
net increase in the amount of $3,367.50 for work to be performed by Burns &
McDonnell of Kansas City, Missouri, in conjunction with Waterloo Regional
Airport Terminal Renovation be received, placed on file and approved and Mayor
and City Clerk authorized to execute same. Ayes: Six. Absent: Gunderson.
Motion carried.
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February 2, 2004
DOCUMENTS CONTINUED
119358 - Clark/Cole
Page 5
that communication from Airport Director transmitting Change Order No. 7 for a
net increase in the amount of $22,747.00 for work to be performed by Peters
Construction Company of Waterloo, Iowa, in conjunction with Waterloo Regional
Airport Terminal Renovation be received, placed on file and approved and Mayor
and City Clerk authorized to execute same. Ayes: Six. Absent: Gunderson.
Motion carried.
119359 - Clark/Cole
that communication from City Engineer transmitting Change Order No. 2 for a net
increase in the amount of $82,178.75
Waterloo, Iowa, in conjunction with F.Y
No. 660, be received, placed on file
authorized to execute same. Ayes: Six.
ORDINANCES TO BE ADOPTED
119360 - Clark/Welper
for work performed by Aspro, Inc. of
. 2003 Asphalt Overlay Program, Contract
and approved and Mayor and City Clerk
Absent: Gunderson. Motion carried.
that "an Ordinance amending the 2003 Traffic Code by repealing Sections 177,
Passing On The Right Side, and 178, Overtaking and Passing a Vehicle With
Unobstructed Pavement of Sufficient Width for Four or More Lanes; and enacting
in lieu thereof new Sections 177, Passing On The Right Side, and 178,
Overtaking and Passing A Vehicle With Unobstructed Pavement of Sufficient Width
for Four or More Lanes (changing language to reflect Iowa Code)", be received,
placed on file, considered and passed for the first time. Ayes: Six. Absent:
Gunderson. Motion carried.
119361 Welper/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Gunderson. Motion carried.
119362 Welper/Kincaid
that "an Ordinance amending the 2003 Traffic Code by repealing Sections 177,
Passing On The Right Side, and 178, Overtaking and Passing a Vehicle With
Unobstructed Pavement of Sufficient Width for Four or More Lanes; and enacting
in lieu thereof new Sections 177, Passing On The Right Side, and 178,
Overtaking and Passing A Vehicle With Unobstructed Pavement of Sufficient Width
for Four or More Lanes (changing language to reflect Iowa Code)", be considered
and passed for the second and third times and adopted. Ayes: Six. Absent:
Gunderson.
Ordinance adopted and upon approval by Mayor assigned No. 4666.
BILLS PAYMENT
119363 - Greenwood/Welper
that "Resolution approving Schedule AP640, pp. 1-95, dated February 2, 2004, in
the amount of $747,632.41, 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: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-50.
NEW BUSINESS
119364 - Kincaid/Schmitt
that communication from Community Planning & Development Director transmitting
proposed easement agreement with Waterloo School District to use Prospect
Boulevard for a parking lot associated with Kingsley Elementary School be
received, placed on file and "Resolution setting date of hearing as February 16,
2004, 5:30 p.m. in the City Hall Council Chambers on the above described
agreement", be adopted and City Clerk instructed to publish notice of same.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Clark suggested that the date of hearing be changed as some
council members will be out of town on February 16.
February 2, 2004 Page 6
NEW BUSINESS CONTINUED
Clark/Kincaid
that the above motion be amended to change the date of hearing to February 23,
2004. Ayes: Six. Absent: Gunderson. Motion carried.
119365 - Kincaid/Schmitt
that communication from Community Planning & Development Director transmitting
proposed easement agreement with Waterloo School District to use Prospect
Boulevard for a parking lot associated with Kingsley Elementary School be
received, placed on file and "Resolution setting date of hearing as February 23,
2004, 5:30 p.m. in the City Hall Council Chambers on the above described
agreement", be adopted and City Clerk instructed to publish notice of same.
Ayes: Six. Absent: Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-51.
ADJOURNMENT
119366 - Welper/Cole
that the Council adjourn at 6:06 p.m. Ayes: Six. Absent: Gunderson. Motion
carried.
tc4-e'
Nancy Eckert
City Clerk
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