Loading...
HomeMy WebLinkAboutMinutes-06/04/2007• • June 4, 2007 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, June 4, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: 125460 - Schmitt/Kincaid 125461 Councilperson Eric Gunderson. that the Agenda, as amended Regular Session on Monday, June 4, Ayes: Seven. Motion carried. adding Item 16a and deleting Item 14, for the 2007, at 5:30 p.m., be accepted and approved. - Schmitt/Kincaid that the Minutes, as proposed, for the Regular at 5:30 p.m., be accepted and approved. Ayes: CONSENT AGENDA 125462 - Schmitt/Kincaid Session on Tuesday, May 29, 2007, Seven. Motion carried. 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. 1-61, dated June 4, 2007, in the amount of $545,449.18, 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. 2007-430. 2. Communication from City Clerk transmitting request of Waterloo Commission on Human Rights for a variance to the Noise Ordinance on June 21, 2007 from 1:00 - 6:00 p.m. in conjunction with Summer Harmony Day event in Lincoln Park, including live band and PA system, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2007-431. 3. Communication a waiver for together with from City Engineer transmitting request of Larry Martin for a concrete driveway to be located at 4781 Winghaven Drive, recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-432. 4. Communication from City Engineer transmitting request of Howard Allen Investments for a waiver for a concrete driveway to be located at 1329 LaPorte Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-433. b. Motion -to approve the following: 1. Michelle Weidner, Chief Financial Officer, to attend Iowa Governmental Audits - Local Government Update in Coralville, Iowa on May 22, 2007, with costs not to exceed $335.00, including use of city vehicle. c. Beer License Permit Application Class C Kwik Star, 324 Fletcher Avenue Sales) Kwik Star, 1214 Franklin Street Sales) Kwik Star, 707 Broadway Street Sales) Kwik Star, 1105 Sales) Kwik Star, 1636 Sales) Metro 66, 3201 Sales) (Renewal) (Expires (Renewal) (Expires (Renewal) (Expires Cedar Bend Drive (Renewal) (Expires West 4th Street (Renewal) (Expires West 4th Street (Renewal) (Expires 7/21/08) 7/21/08) 7/21/08) 7/21/08) 7/29/08) 6/30/08) (Includes Sunday (Includes Sunday (Includes Sunday (Includes Sunday (Includes Sunday (Includes Sunday June 4, 2007 Consent Agenda continued Marathon Mini Mart, 515 Broadway Street (New) (Expires 5/31/08) (Includes Sunday Sales) Target Store, 1501 East San Marnan Drive (Renewal) (Expires 6/27/08) (Includes Sunday Sales) Liquor & Tobacco Outlet, 515 Broadway Street (New) (Expires 5/31/08) (Includes Sunday Sales) Page 2 d. Beer/Liquor License Permit Application Class C Southtown Lounge, 2026 Bopp Street (Renewal) (Expires 6/7/08) (Includes Sunday Sales) e. Liquor License Permit Application Class E Target Store, 1501 East San (Includes Sunday Sales) Liquor & Tobacco Outlet, 515 (Includes Sunday Sales) f. Wine License Permit Application Class B Target Store, 1501 East San (Includes Sunday Sales) Liquor & Tobacco Outlet, 515 (Includes Sunday Sales) g. Marnan Drive (Renewal) (Expires 6/27/08) Broadway Street (New) (Expires 5/31/08) Marnan Drive (Renewal) (Expires 6/27/08) Broadway Street (New) (Expires 5/31/08) Fireworks Display Application Sunnyside Country Club, 1600 Olympic Drive on July 4, 2007 The Isle Casino & Hotel, 777 Isle of Capri Boulevard on August 12, 2007 American Cancer Society at Hawkeye Community College on June 15, 2007 h. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 125463 - Getty/Greenwood that proof of publication of notice of public hearing on U.S. 63 and Parker Street Intersection Traffic Safety Improvements, Contract No. 722, as published in the Waterloo Courier on May 18, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125464 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 125465 - Getty/Gunderson that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with U.S. 63 and Parker Street Intersection Traffic Safety Improvements, Contract No. 722", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-434. 125466 Getty/Gunderson that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-435. • • • • June 4, 2007 Page 3 Hearings & Bids continued 125467 - Getty/Gunderson to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Bond Bid Amount Trey Electric, Swisher, Iowa 5% $52,488.00 KWS, Cedar Falls, Iowa 5% $43,825.00 Ayes: Seven. Motion carried. 125468 - Kincaid/Welper that proof of publication of notice of public hearing on Broadway Street Traffic Detector Loops, as published in the Waterloo Courier on May 18, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125469 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Kincaid/Welper that the hearing be closed. Ayes: Seven. Motion carried. 125470 - Kincaid/Welper that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Broadway Street Traffic Detector Loops", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-436. 125471 Kincaid/Welper that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-437. 125472 - Kincaid/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Bond Bid Amount KWS, Cedar Falls, Iowa 5% $23,515.00 Ayes: Seven. Motion carried. HEARINGS 125473 - Gunderson/Schmitt that proof of publication of notice of public hearing on Amendment to FY2005- FY2009 Five -Year Consolidated Plan/FY2006 One -Year Action Plan and FY2007 One - Year Action Plan, as published in the Waterloo Courier on May 22, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125474 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 125475 - Gunderson/Schmitt the "Resolution approving said amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-438. June 4, 2007 Page 4 DOCUMENTS 125476 - Cole/Schmitt that communication from Assistant City Engineer transmitting Change Order No. 1 for a net decrease of $44,425.40 for work performed by Van Hauen & Associates, Inc. of Clive, Iowa in conjunction with F.Y. 2005 Garden Avenue Area Relief Sanitary Sewer, Contract No. 684, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 125477 - Cole/Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Van Hauen & Associates, Inc. of Clive, Iowa at a total cost of $937,574.60 in conjunction with F.Y. 2005 Garden Avenue Area Relief Sanitary Sewer, Contract No. 684, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-439. 125478 - Cole/Schmitt that communication from City Planner transmitting lease agreement with Wendell Lupkes for $100.00 to bale approximately 19 acres of land generally located north of West Shaulis Road, between Southland Addition and Prescotts Creek, be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-440. 125479 - Cole/Schmitt that communication from City Clerk transmitting amendment to mail processing agreement with PSI Group to pick up mail at City Hall and pre-sort it at a cost of $14.95 per day, 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. 2007-441. 125480 - Cole/Schmitt that communication from Police Chief transmitting application with Office of Community Oriented Policing Services for COPS 2007 Methamphetamine Initiative, with no local match, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-442. 125481 Welper/Kincaid that communication from City Planner transmitting Real Estate Purchase Agreement with Loveland Waterfalls, Ltd. at a cost of $582,000.00, plus $5,000.00 for incidental and closing costs, to purchase property generally located at 203 and 209 Jefferson Street, as well as abutting vacant lot, with closing to occur after July 1, 2007, 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 Gunderson commented that at one time there were gas tanks at this location and he asked if the city has to do any testing for ground contamination. Don Temeyer, Community Planning & Development Director, responded that the tanks were properly removed under DNR supervision, and the testing done at that time found no contamination Howard R. Green, the city's consultant, is a part of the downtown EPA hazardous materials and petroleum project, and they also looked at the documents and concur that it is clean at this point. In response to questions from Councilperson Greenwood, Mr. Temeyer stated $582,000.00 is the appraised price. Mr. Temeyer stated that the majority of the equipment will be salvaged as part of the demolition, and the city can resell it. Mr. Temeyer commented that the timeline is by fall, but that means getting the asbestos checked and removing it with the demolition or as a separate contract. • • • • June 4, 2007 Page 5 Documents continued 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. 2007-443. 125482 - Welper/Kincaid that communication from Associate Engineer transmitting Special Access Connection agreement with Iowa Department of Transportation to allow access to U.S. 218/U.S. 63 interchange at the entrance and exit ramps in conjunction with F.Y. 2007 U.S. 63/Westfield Avenue Connection, Contract No. 730, 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. 2007-444. 125483 - Welper/Kincaid that communication from Associate Engineer transmitting Professional Services agreement with Kirkham Michael & Associates, Inc., of Waterloo, Iowa at a maximum cost of $408,640.00, with local match of $81,728.00, in conjunction with West Shaulis Road Extension Project, STP -U-8155(696)-70-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if this was part of the city's comprehensive plan passed in 2003 which would connect East Shaulis Road and West Shaulis Road. Don Temeyer, Community Planning and Development Director, responded the 2003 Comprehensive Plan adopted by the council on February 2003 shows the Business Park connecting Ansborough Avenue to Iowa Highway 21 from Shaulis North to US Highway 20. Also, the Transportation Plan, which is included as a part of that, shows that we needed to make that connection from East Shaulis and West Shaulis as a part of that future Business Park. The Comprehensive Plan doesn't ever show programming for that construction for that time. It is a 20 year plan and does not say exactly when the city would make that improvement, but we recognized it at that time it was a good place for the Business Park and where we would need to make those transportation improvements. Recently, the city was able to allocate the money through the Metropolitan Planning Organization which gives 80 percent funding for the project, and that is why Engineering went through the selection process. They selected the company to actually do the design. In another year or so we will proceed with the acquisition of property necessary to do the improvement and then go to construction probably in 2009. Dave Nagle commented that a number of people called him with questions about this item. They were concerned that the first opportunity they had to learn that this would be coming up tonight was yesterday morning in the Waterloo Courier, so there was not adequate time for them to prepare to make comments if they chose to do so. They feel that this probably has some long-term implications for the development for the City of Waterloo. The direction of our development out there and the nature of that development. They would like and appreciate the opportunity, at least for a one week notice if not longer, to review this proposal and then during the public comment period to have the opportunity to be heard. Mr. Nagle stated his purpose tonight was not to speak for it or against it, but to simply say that a number of citizens wish to comment on it and have asked him to come and ask council to afford them that opportunity. Eric Thorson, City Engineer, stated that about one-third to one-half of the project cost actually involves paving of Ansborough Avenue from the Interchange to Shaulis and then paving existing Shaulis to Hoff Road. We couldn't quite put that in to the title or it would have been awful long, but there is also quite a bit of just paving of existing roads included in that project. Mayor Hurley asked if we authorize or when we authorize the PSA with Kirkham Michael this is money for everything up to building the road for those kinds of services. June 4, 2007 Documents continued Mr. Temeyer responded this starts the public process of the design of the road and how it will be done. Part of the project will be for the city and the consultant to go out and visit with everyone, have public meetings about the project. There is design of the project, and probably the earliest the project would be ready to go to construction would be 2009, and in the meantime they need to have citizens' meetings about the design. Page 6 Mr. Nagle stated his clients concern is that sometimes studies become so fulfilling that if we have done the study, then now we have to do the project. The would like the input right at the offset, and that is their concern. Mr. Nagle stated he knows there will be public hearings and all that, but $81,000.00 is still a good chunk of change and perhaps we should give the citizens a chance to be heard. Councilperson Cole noted that before Mr. Nagle said he received a number of phone calls and then he said his client is concerned, and she asked Mr. Nagle if it is one person. Mr. Nagle replied it is clients. Councilperson Cole asked how many persons, how many clients, five. Mr. Nagle responded that he doesn't think he is required to disclose that. His clients are numerous and more than one and less than a dozen. Councilperson Schmitt noted that the $408,000.00 we are talking about tonight, a majority of that is for paving. Councilperson Schmitt asked Mr. Thorson how much of that amount is for the actual study of where the extension for Shaulis is going to go. Mr. Thorson responded it might be a third of it. Councilperson Schmitt noted this is for paving from Ansborough to Hoff. Councilperson Gunderson commented that the section of road of Shaulis Road from Ansborough to Kimball Avenue at one time was a road, and over the years it was closed down to give it back to Mr. Grady to do some farming. Councilperson Gunderson stated he thinks this road is needed for development on this side of town. We have to have this road to connect this area for the parkways and for the commercial area that we are hopeful will come to Waterloo in the future. 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. 2007-445. 125484 - Welper/Kincaid that communication from Associate Engineer transmitting City -State Agreement No. 2 for federal funds to be used for the U.S. Highway 63 Transportation Improvements, Westfield Avenue Connection Project, 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. 2007-446. RESOLUTIONS TO BE ADOPTED 125485 - Schmitt/Greenwood that "Resolution directing the acceptance of a proposal to purchase $220,000.00 General Obligation Capital Loan Notes, Taxable Series 2007D", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-447. 125486 - Schmitt/Greenwood that "Resolution fixing the date of hearing as June 18, 2007 at 5:30 p.m. in the City Hall Council Chambers on proposal to reallocate not to exceed $100,000.00 of the interest earnings of the General Obligation Bonds, Series 2003A, for the purpose of the acquisition and installation of building inspection software applications and related computer equipment upgrades", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-448. • • • • June 4, 2007 Resolutions to be Adopted continued 125487 - Schmitt/Greenwood Page 7 that communication from Superintendent of Traffic Operations transmitting request to place temporary yield signs on Lyon Street at Cornwall Avenue, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-449. ORDINANCES TO BE ADOPTED 125488 Getty/Kincaid that "an Ordinance amending the 2003 Traffic Code by adding Subsection (125a) Highway 20 and Iowa Highway 21 Ramps, to Section 540, Obedience to Official Traffic Control Devices (installation of traffic signals at U.S. Highway 20 and Iowa Highway 21 ramps)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 125489 Getty/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 125490 - Getty/Greenwood that "an Ordinance amending the 2003 Traffic Code by adding Subsection (125a) Highway 20 and Iowa Highway 21 Ramps, to Section 540, Obedience to Official Traffic Control Devices (installation of traffic signals at U.S. Highway 20 and Iowa Highway 21 ramps)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4872. NEW BUSINESS 125491 - Greenwood/Getty that communication from City Planner transmitting Development Agreement with Crystal Distribution Services, Inc. at a cost of $46,650.00 to purchase property generally located in the former Rath area, including former bar building, along with portions of the former railroad land and a vacant lot, be received, placed on file and "Resolution setting date of hearing as June 18, 2007, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-450. ORAL PRESENTATIONS 125492 Ryan Madison, 650 Dawson Street, stated he recently purchased a house on Dawson Street, which is located on the eastside community, and he is here to talk about the safety issues of the train station, about how it is destroying the economic development along the train track. Being a new resident over on the eastside and hearing people complain about the train track. He watched the council meetings and really didn't understand what they were talking about, but now living on the eastside he really sees it. Mr. Madison asked the council and everybody along this place to just travel along the train track and see how many commercial buildings are closed down, or businesses that went out of business mostly due to the train track. Mr. Madison stated if he owned a restaurant on the north side of the train track and during lunch time, which would be a busy time, and the train is sitting on the track 30 to 40 minutes, he is losing business. He sees that from a lot of people who own businesses on the north side, and the train station needs to do something to function with this community. Mr. Madison stated a lot of people have been complaining about that, and the city hasn't forced them to do something. The community's hands are tied because it doesn't have the money the train station has. Mr. Madison stated something needs to be done because he was going to Hy -Vee and, and it took him an hour and a half just to get from West Parker Street because the train was on the track. Just the other day, he was sitting behind car number 9 and it took the train 25 minutes just for the police to get through before the officer could go book two guys into the police station. June 4, 2007 Oral Presentations continued Mr. Madison stated he is sure if you ask the Fire Chief if he has a fire issue on Sumner Street, it wouldn't be beneficial for him to take Logan Avenue to go all the way around and get back to Sumner. By the time he got back to Sumner, the house would most likely be burned down. Mr. Madison stated something needs to be done because the train is sitting on the tracks too long. Mr. Madison asked the council to take a trip along the northern side of the tracks where there is commercial business and see all these businesses that have gone out of business. He believes most of that is because the train is not cooperating with the community. Page 8 Mayor Hurley asked if Mr. Madison was talking about the same tracks that cross East 4th Street. Mr. Madison responded anywhere along the tracks on the eastside you will see a lot of businesses that are out of business, you will see a lot of vacant businesses. Mr. Madison commented that he lives on Dawson, and there are about six or seven businesses over on West Parker that are closed down. Mayor Hurley commented that there is a long-standing frustration with citizens, businesses and government alike with the trains. Mayor Hurley explained in some sense we have what we have, but we also will take up that issue because there are a number of railroads, not the same railroad, but there are railroad issues going on right now. Mayor Hurley noted he doesn't know how strong the city's voice is with them. We do have process and procedure over there and safety, things that they go through, but nothing ventured, nothing gained. James Walsh, City Attorney commented the city does have an ordinance, but Federal Law trumps the city's ordinance and the railroad has the right to stay there as long as it takes to comply with federal laws, which includes checking breaks and other safety issues. So yes they have to move when they can move. This isn't new, this has been around for as long as Waterloo has been around. Mr. Walsh stated we can try, the more focused and the more light we put on it, the more likely they are to watch it for a while. Cole/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 125493 - Cole/Schmitt that the Council adjourn at 6:05 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk 1