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HomeMy WebLinkAboutMinutes-07/19/2004July 19, 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, July 19, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director. 120141 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, July 19, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120142 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, July 12, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley presented a Certificate of Appreciation to Sue Pearson for 18 years of service on the Historic Preservation Commission. Presentation by Mark Linda of Black Hawk County Health Department on Mosquito Control and West Nile Virus. CONSENT AGENDA 120143 - Welper/Kincaid that the following items on the consent agenda be receivad, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, pp. 1-76, dated July 19, 2004, in the amount of $695,019.34, a copy of which is 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. 2004-455. 2. Communication from City Engineer transmitting request of Jerry Chapman for a waiver for an asphalt driveway to be Located at 1117 Fulton Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-456. 3. Communication from City Clerk transmitting request of Sheltered Reality in partnership with Main Street Waterlog requesting a variance to the Noise Ordinance on September 11, 2004, from 2:00 p.m. to 4:00 p.m. in conjunction with outdoor event to be held at Lincoln Park, including live band with amplifiers, PA system and speakers to play CD music, together with recommendation of approval of Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2004-457. b. Motion to approve the following: 1. Christopher Leach and Jason Verbraken, Rehabilitation Specialists, to attend Iowa Association of Housing Officials 20 -Hour Housing Quality Standards certification training in Waterloo, Iowa, on October 6-8, 2004, with costs not to exceed $700.00, including use of city vehicle. 2. Tony McGrane, Fire Lieutenant, to attend MSA CARE Program in Des Moines, Iowa, on July 20, 2004, with costs not to exceed $390.00, including use of city vehicle. c. Beer License Permit Application Class C Hy -Vee, 1512 Flammang Drive (Renewal) (Expires 8/26/05) (Includes Sunday Sales) July 19, 2004 CONSENT AGENDA CONTINUED Page 2 d. Beer/Liquor License Permit Application Class C BJ's Bar & Billiards, 110 Ida Street (Renewal) (Expires 7/29/05) (Includes Sunday Sales) Mustang Bar, 1927 Jefferson Street (New Owners) (Expires 7/13/05) (Includes Sunday Sales) Bo's, 118 Commercial Street (Renewal) (Expires 8/9/05) (Includes Sunday Sales) e. Outdoor Service Area Application Bo's, 118 Commercial Street f. Bonds. Ayes: Seven. Motion carried. HEARINGS 120144 - Gunderson/Schmitt that proof of publication of notice of public hearing on the allocation of grant in the amount of $25,933.00 from the U.S. Department of Justice for F.Y. 2004 Local Law Enforcement Block Grant Program (LLEBG) with a required local match of $2,881.44, as published in the Waterloo Courier on July 12, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120145 - 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 and recommendation of the Advisory Committee be received and placed on file. Ayes: Seven. Motion carried. 120146 - Gunderson/Greenwood that "Resolution approving said grant and allocation of funds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-458. UNFINISHED BUSINESS 120147 - Schmitt/Cole that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $67,850.00 to Forman Ford Glass Company of Cedar Rapids, Iowa, in conjunction with Homeland Security Window Replacement and Lighting for City Hall be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-459. 120148 - Kincaid/Schmitt that communication from City Engineer transmitting recommendation of award of contract in the amount of $273,671.00 to Peterson Contractors, Inc. of Reinbeck, Iowa, in conjunction with F.Y. 2004 Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682, be received, placed on file and "Resolution approving said award of contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported that Items 8 and 9 on tonight's agenda will approve the contract with Peterson Contractors, Inc. and a Change Order for a net decrease of $65,641.00. With this change, the contractor would be constructing the sanitary sewer crossing Independence Avenue by an open cut instead of boring. Independence Avenue could be closed for one week. 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. 2004-460. • • July 19, 2004 • • UNFINISHED BUSINESS CONTINUED 120149 - Welper/Kincaid Page 3 that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $17,770.00 to Restoration Services, Inc. of Waterloo, Iowa, in conjunction with Homeland Security Window Replacement and Caulking, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-461. PETITIONS FROM PUBLIC 120150 - Gunderson/Schmitt that communication from Associate Engineer transmitting request of Orlis E. Smith to be allowed to place asphalt in the area between the back of the curb and the sidewalk at 180 West 11th Street for beautification and/or maintenance purposes, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported that Orlis Smith haS an area of right-of- way located between the back of the curb and the sidewalk at 180 West 11th Street and has a problem growing grass. Mr. Smith is requesting permission to place the asphalt for maintenance purposes. The area is located in front of a commercial building. 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. 2004-462. REPORTS 120151 - Schmitt/Gunderson that communication from Associate Engineer transmitting request to amend Section 31 of the Driveway and Sidewalk Specifications to allow use of curb sawing for driveway approaches be received, placed on file and "Resolution approving said amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-463. DOCUMENTS 120152 - Cole/Schmitt that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $273,671.00 from Peterson Contractors, Inc. of Reinbeck, Iowa, in conjunction wiith F.Y. 2004 Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-464. 120153 - Cole/Schmitt that communication from City Engineer transmitting Change Order No. 1 for a net decrease in the amount of $65,641.00 for work to be performed by Peterson Contractors, Inc. of Reinbeck, Iowa, in conjunction With F.Y. 2004 Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 120154 - Cole/Schmitt that communication from Associate Planner transmitting request of Ross Greathouse for tax exemptions on improvements totaling $13,225.00 for property located at 800 Kern 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. 2004-465. July 19, 2004 DOCUMENTS CONTINUED 120155 - Schmitt/Cole Page 4 that communication from Police Captain transmitting one-year agreement with Governor's Office of Drug Control Policy for FY04 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula grant in the amount of $347,892.00, with city's match of $86,973.00, for funding of the Tri -County Drug Enforcement Task Force 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 Pro Tem assigned No. 2004-466. 120156 - Schmitt/Cole that communication from City Engineer transmitting Professional Services Agreement with Earth Tech, Inc. for professional services for underwater inspection services and analysis of the Park Avenue Bridge and underwater inspection services for the Cedar River Dam 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. 2004-467. 120157 - Schmitt/Cole that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $67,850.00 from Forman Ford Glass Company of Cedar Rapids, Iowa, in conjunction with Homeland Security Window Replacement and Lighting for City Hall be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-468. ORDINANCES TO BE ADOPTED 120158 - Clark/Cole that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (8) Fourth Street (E) of Section 549, Loading Zones; and repealing Subsection (136) Fourth Street (E) of Section 551, Parking Prohibited at All Times on Certain Streets; and enacting in lieu thereof new Subsection (136) Fourth Street (E) of Section 551, Parking Prohibited at All Times on Certain Streets; and by repealing Subsection (2) Fourth Street (E) of Section 576, No Parking 11:00 p.m. to 5:00 a.m.; and enacting in lieu thereof a new Subsection (2) Fourth Street (E) of Section 576, No Parking 11:00 p.m. to 5:00 a.m. (remove loading zone on the northwest side in the 600 block of East 4th Street, and to allow parking on the west side of the 600 block of East 4th Street between Walnut Street and Lime Street from 5:00 a.m. to 11:00 p.m.)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120159 - Schmitt/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120160 - Gunderson/Welper that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (8) Fourth Street (E) of Section 549, Loading Zones; and repealing Subsection (136) Fourth Street (E) of Section 551, Parking Prohibited at All Times on Certain Streets; and enacting in lieu thereof new Subsection (136) Fourth Street (E) of Section 551, Parking Prohibited at All Times on Certain Streets; and by repealing Subsection (2) Fourth Street (E) of Section 576, No Parking 11:00 p.m. to 5:00 a.m.; and enacting in lieu thereof a new Subsection (2) Fourth Street (E) of Section 576, No Parking 11:00 p.m. to 5:00 a.m. (remove loading zone on the northwest side in the 600 block of East 4th Street, and to allow parking on the west side of the 600 block of East 4th Street between Walnut Street and Lime Street from 5:00 a.m. to 11:00 p.m.)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4705. • • July 19, 2004 NEW BUSINESS • • 120161 - Welper/Gunderson Page 5 to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Sidewalk Block Grant Repair Program - Zone 4, Contract No. 678, be received, placed on file and approved. Ayes: Seven. Motion carried. 120162 - Welper/Gunderson that plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Sidewalk Block Grant Repair Program - Zone 4, Contract No. 678, be received and placed on file. Ayes: Seven. Motion carried. 120163 - Welper/Gunderson that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-469. 120164 - Welper/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 2, 2004, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-470. 120165 - Gunderson/Kincaid to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with Purchase of Outdoor Public Warning Sirens, FY2005 - TRAF-104-04, be received, placed on file and approved. Ayes: Seven. Motion carried. 120166 - Gunderson/Kincaid that plans, specifications, form of contract, etc. in conjunction with Purchase of Outdoor Public Warning Sirens, FY2005 - TRAF-104-04, be received and placed on file. Ayes: Seven. Motion carried. 120167 - Gunderson/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-471. 120168 - Gunderson/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 16, 2004, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-472. 120169 - Clark/Schmitt that communication from City Planner transmitting Martin Road Development Plan Amendment No. 1, together with recommendation of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 9, 2004, at 5:30 p.m. in the City Hall Council Chambers on the above said Amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-473. July 19, 2004 NEW BUSINESS CONTINUED Page 6 120170 - Clark/Schmitt that communication from Senior Planner transmitting amendments to the Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to list of districts, creation of provision for the zoning of vacated right-of-way, maximum lot coverage in "R-1" District and maximum height limitation in the "C-1" District, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 9, 2004, at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to published notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-474. 120171 - Clark/Schmitt that communication from Senior Planner transmitting amendments to the Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to elimination of 2 - acre minimum tract size for "R -P" Planned Residence District within the consolidated urban revitalization or enterprise zone areas, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 9, 2004, at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to published notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-475. 120172 - Clark/Schmitt that communication from Cultural & Arts Director transmitting request to purchase lighting equipment for the Hope Martin Theatre be received, placed on file and "Resolution setting date of hearing as July 26, 2004, at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-476. ORAL PRESENTATIONS 120173 - Pat Price stated he is working with Section 8 Housing, and he feels the city does nothing to help landlords. Mr. Price stated it cost him $150 to evict a tenant, and then the city gave him a ticket because he placed stuff in the yard. Mr. Price stated 100 people get evicted from apartments every month, and the tenants leave junk. Mr. Price stated he had a problem and called the Water Works to turn off the water, and it cost $31 to shut it off. Mr. Price stated that if the curb needs to be fixed, he pays for that. Mr. Price stated he owes $10,000 in taxes and will get the money to pay them. Mr. Price stated the Landlord Association does not help as far as getting assistance. Mr. Price stated the city charges to pick up appliances. Mr. Price stated it is terrible what tenants do the apartments. Low-income people live on a $400 or $500 check, and when they leave, the apartment looks like trash. Welper/Gunderson that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 120174 - Clark/Welper that the Council adjourn at 6:17 p.m. Ayes: Seven. Motion carried. Nan c'jr Eckert, CMC City Clerk