HomeMy WebLinkAboutMinutes-08/02/2004•
•
August 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, August 2, 2004. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson,
Welper.
Moment of Silence.
Pledge of Allegiance: Don Temeyer, Community Planning and Development Director.
120212 - Welper/Kincaid
that the Agenda, as amended to add Item lg, for the Regular Session on Monday,
August 2, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion
carried.
120213 - Welper/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, July 26,
2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Hurley presented Certificates of Recognition to Dave Keidel, Don Temeyer,
Steve Decker, Randy Dishinger, Eric Thorson and Stanley Seda for 30 years of
service with the City of Waterloo.
Mayor Hurley read a proclamation declaring August 3, 2004, as National Night
Out in the City of Waterloo.
CONSENT AGENDA
120214 - Welper/Kincaid
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolution to approve the following:
1. Resolution approving Schedule AP640, pp. 1-79, dated August 2, 2004,
in the amount of $507,185.98, 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. 2004-502.
2. Communication from City Engineer transmitting request of Duane A.
Widen for a waiver for a rock field entrance to be located at 3041
Ranchero Road, together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2004-503.
3. Communication from City Clerk transmitting request of Church of the
Open Bible, 928 Jefferson Street, requesting d variance to the Noise
Ordinance on August 12-14, 2004, from 10:00 a.m. to 9:00 p.m. in
conjunction with outdoor event to be held at lower Gates Park,
including a three on three basketball tournament on August 12 and 13,
2004, using a sound system and live bands playing on August 14, 2004,
together with recommendation of approval of Police Captain.
Resolution adopted and upon approval by Mayor assigned No. 2004-504.
b. Motion to approve the following:
1. Eric Thorson, City Engineer, to attend American Public Works
Association Iowa Chapter 2004 Fall Conference in Knoxville, Iowa, on
August 25-27, 2004, with costs not to exceed $296.00, including use of
city vehicle.
c. Beer License Permit Application
Class B
LaChiquita, 301 East 4th Street (Renewal) (Expires 8/6/05) (Includes Sunday
Sales)
d. Beer/Liquor License Permit Application
Class B
Best Western Starlite Village, 214 Washington Street (Renewal) (Expires
8/15/05) (Includes Sunday Sales)
August 2, 2004
CONSENT AGENDA CONTINUED
e. Cigarette License Permit Application
Mustang Bar, 1927 Jefferson Street
Catherine Doyle's Pub, 504 Sycamore Street
f. Bonds.
g•
Page 2
Beer License Permit Application
Class B
Main Street Waterloo transfer to West 4th & Cedar Street on August 6-7,2004
and Outdoor Service Area.
Ayes: Seven. Motion carried.
HEARINGS AND BIDS
120215 - Kincaid/Schmitt
that proof of publication of
Block Grant Repair Program -
Waterloo Courier on July 23,
Seven. Motion carried.
notice of public hearing on F.Y. 2005 Sidewalk
Zone 4, Contract No. 678, as published in the
2004, be received and placed on file. Ayes:
120216 - 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.
120217 - Gunderson/Kincaid
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with F Y. 2005 Sidewalk Block Grant Repair
Program - Zone 4, Contract No. 678", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-505.
120218 - Gunderson/Schmitt
that "Resolution ordering construction in conjunction
adopted. Ayes: Seven.
with above project",
Resolution adopted and upon approval by Mayor assigned No. 2004-506.
120219 - Greenwood/Kincaid
to receive, file and instruct City Clerk to open and
City Engineer for review:
Bidder
iB & B Builders & Supply, Waterloo, IA
Borwig Building Service, Waterloo, IA
Ayes: Seven. Motion carried.
DOCUMENTS
120220 - Schmitt/Gunderson
Bid Bond
5%
................
5%
read bids
Amount
$20,499.57
._..........
$22,831.40
be
and refer to
that communication from Traffic Engineer transmitting agreement with Iowa
Department of Transportation for Traffic Safety Improvement grant in the amount
of $20,000.00 in conjunction with improvement to traffic signals at the
intersection of Park Road and Broadway Street, with no required city match, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and City Clerk authorized to execute the same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-507.
• •
August 2, 2004
•
DOCUMENTS CONTINUED
120221 - Schmitt/Gunderson
Page 3
that communication from Associate Engineer transmitting Iowa Department of
Natural Resources Notice of Intent for NPDES coverage under general permit for
storm water discharges in conjunction with F.Y. 2004 Sergeant Road Trail
Paving, Contract No. 668, be received, placed on file and "Resolution approving
said Notice of Intent", be adopted and Mayor authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-508.
RESOLUTIONS TO BE ADOPTED
120222 - Gunderson/Schmitt
that "Resolution appointing Wells Fargo Bank, National Association of Des
Moines, Iowa, to serve as Paying Agent, Bond Registrar and Transfer Agent and
approving the Paying Agent and Bond Registrar and Transfer Agent Agreement in
conjunction with $11,640,000 Sewer Revenue Refunding Bands, Series 2004A", be
adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-509.
120223 - Gunderson/Greenwood
that Tax Exemption Certificate for $11,640,000 Sewer Revenue Refunding Bonds,
Series 2004A, be received, placed on file and approved and Mayor and City Clerk
authorized to execute same. Ayes: Seven. Motion carried.
120224 - Gunderson/Schmitt
that Continuing Disclosure Certificate for $11,640,000 $ewer Revenue Refunding
Bonds, Series 2004A, be received, placed on file and approved. Ayes: Seven.
Motion carried.
120225 - Gunderson/Greenwood
that "Resolution authorizing and providing for issuance and securing the
payment of Sewer Revenue Refunding Bonds, Series 2004A, and providing for a
method of payment of said bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-510.
120226 - Greenwood/Schmitt
that "Resolution appointing Wells Fargo Bank, National Association of Des
Moines, Iowa, to serve as Paying Agent, Bond Registrar and Transfer Agent and
approving the Paying Agent and Bond Registrar and Transfer Agent Agreement in
conjunction with $9,595,000 Sewer Revenue Refunding Bonds, Taxable Series
2004B", be adopted and Mayor and City Clerk authorized to execute same Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-511.
120227 - Greenwood/Schmitt
that Continuing Disclosure Certificate for $9,595,000 $ewer Revenue Refunding
Bonds, Taxable Series 2004B, be received, placed on file and approved. Ayes:
Seven. Motion carried.
120228 - Greenwood/Kincaid
that "Resolution authorizing and providing for issuance and securing the
payment of Sewer Revenue Refunding Bonds, Taxable Series 2004B, and providing
for a method of payment of said bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-512.
August 2, 2004
RESOLUTIONS TO BE ADOPTED CONTINUED
120229 - Kincaid/Schmitt
Page 4
that "Resolution fixing the date of hearing as August 16, 2004, at 5:30 p.m. in
the City Hall Council Chambers on the proposal to reallocate $75,000.00 of
unspent proceeds of the General Obligation Bonds, Series 2003A, for the purpose
of defraying all or a portion of the costs of storm water quality management
projects and bridge inspections and repairs", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-513.
120230 - Schmitt/Gunderson
that communication from Fire Chief transmitting request for one-year extension
of the Fire Pals Injury Prevention grant for $128,370.00, with no city match,
with grant starting on October 1, 2004, be received, placed on file and
"Resolution approving said extension", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-514.
ORDINANCES TO BE ADOPTED
120231 - Cole/Schmitt
that "an Ordinance vacating property generally located just south of Lot 20 and
north of Lot 19 in Roth Park Camp Addition", be received, placed on file,
considered and passed for the second time.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Welper commented that the council held a work session earlier
today on a proposed Sale of Property Policy, and Mr. Eilers was in attendance.
Councilperson Welper stated this is not personal, but $50 for the property is
not enough and he will vote no.
Councilperson Clark asked if the new Sale of Property Policy, as proposed,
would allow the council to sell this property for $50. Don Temeyer, Community
Planning and Development Director, responded that the council could determine
the property has no value under the new policy.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Nays: Gunderson, Welper. Motion carried.
120232 - Schmitt/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Nays: Welper. Motion carried
120233 - Schmitt/Cole
that "an Ordinance vacating property generally located just south of Lot 20 and
north of Lot 19 in Roth Park Camp Addition", be considered and passed for the
third time and adopted. Ayes: Five. Nays: Gunderson, Welper.
Ordinance adopted and upon approval by Mayor assigned No. 4707.
120234 - Schmitt/Cole
that "Resolution authorizing sale and conveyance of property generally located
just south of Lot 20 and north of Lot 19 in Roth Park Camp Addition to Dwayne
Eilers for $50.00", be adopted and City Attorney instructed to prepare and
deliver deed accordingly. Ayes: Five. Nays: Gunderson, Welper.
Resolution adopted and upon approval of Mayor assigned No. 2004-515.
NEW BUSINESS
120235 - Clark/Kincaid
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $2,244.00 for work performed by the Water
Works at 714 Newell Street, together with recommendation of approval of
Waterloo Water Works Trustees, be received, placed on file and "Resolution
approving said request", be adopted and City Clerk instructed to notify Black
Hawk County Treasure of same. Ayes: Seven.
Resolution adopteill
nd upon approval by Mayor assi No. 2004-516.
August 2, 2004
•
NEW BUSINESS CONTINUED
120236 - Clark/Kincaid
Page 5
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $645.69 for work performed by the Water Works
at 250 Western Avenue, together with recommendation of approval of Waterloo
Water Works Trustees, be received, placed on file and "Resolution approving
said request", be adopted and City Clerk instructed to notify Black Hawk County
Treasure of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned NO. 2004-517.
120237 - Clark/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 in conjunction with Sergeant Road Recreational Trail, Contract No.
668, NRT-NT03(7)-9G-07, STP -E -8155(670)-8V-07", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-518.
ORAL PRESENTATIONS
120238 - Jerry Shatzer, 1829 West 7th Street, stated he was dismayed and amused with the
two gentlemen who voted to give $1 million to a real estate firm in California
and made this man beg for $50. Mr. Shatzer informed Mayor Hurley that oil sold
for $44 today.
Councilperson Greenwood reported that he had a citizen in his store talking
about the transfer of garbage from neighborhoods to the landfill.
Councilperson Greenwood stated that it seems the trucks use Kimball Avenue to
go south out of town, Highway 21, Hammond Avenue and maybe Dysart Road, so they
are using various streets to get to the landfill. Councilperson Greenwood
asked if the trucks could go down Highway 21 instead of Kimball Avenue and
Dysart Road. Councilperson Greenwood stated that the citizen was asking for an
embargo of trucks on Kimball Avenue. Councilperson Greenwood suggested that
the trucks use one route. Mayor Hurley will discuss this issue with Tim Shea,
Superintendent of Waste Management Services, and bring back an answer to
Councilperson Greenwood.
Welper/Gunderson
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
120239 - Clark/Schmitt
that the Council adjourn at 6:09 p.m. Ayes: Seven. Motion carried.
Fe4.
Nancy Eckert, CMC
City Clerk