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HomeMy WebLinkAboutMinutes-06/21/2004June 21, 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, June 21, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Councilperson Eric Gunderson. 120024 - Welper/Gunderson that the Agenda, as amended to add Items lhl and 1h2, for the Regular Session on Monday, June 21, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120025 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, June 14, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 120026 - Welper/Kincaid 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. 1-89, dated June 21, 2004, in the amount of $953,874.41, 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. 2004-383. 2. Resolution approving communication from Police Chief transmitting request of Main Street Waterloo to hold BBQ'LOO & BLUES, TOO on July 16-17, 2004, with events to be held at Lincoln Park, 4th Street from Franklin to Mulberry Streets, Mulberry Street from 4th Street to Park Avenue, Park Avenue from Franklin to Mulberry Streets and the parking ramp on the corner of Park Avenue and Mulberry Street, including closing of 4th Street from Franklin to Mulberry Streets, Mulberry Street from 4th Street to Park Avenue (parking lane next to Lincoln Park only) and Park Avenue from Mulberry to Franklin Streets (parking lane next to Lincoln Park only) from noon on July 16, 2004, until approximately 8:00 p.m. on July 17, 2004. Resolution adopted and upon approval by Mayor assigned No. 2004-384. b. Motion to approve the following: 1. Lou Cutwright, Building Official/Maintenance Administrator, to attend 2004 Codes Forum in Salt Lake City, Utah, on September 25-30, 2004, with costs not to exceed $2,075.00. 2. Louis Starks, Contracts and Grants Coordinator, to attend American Compliance Association 2004 National Training Institute in Los Angeles, California, on October 4-10, 2004, with costs not to exceed $2,090.00 3. Gregory Bagsby, Rehabilitation Specialist, to attend State of Iowa Historical Society review of Section 106 requirements on HUD related projects in Des Moines, Iowa, on June 21-25, 2004, with costs not to exceed $439.00, including use of city vehicle. 4. Kerry Devine, Police Sergeant, and Joshua Wessels, Police Officer, to attend 2004 Governor's Homeland Security Conference in Des Moines, Iowa, on July 13-15, 2004, with costs not to exceed $668.00, including use of city vehicle. 5. Gary Heinick, Associate Engineer, to attend Workshop for Stormwater Program Managers in Kansas City, Kansas, on July 19-21, 2004, with costs not to exceed $367.00, including use of city vehicle. June 21, 2004 CONSENT AGENDA CONTINUED Page 2 6. Communication from Mayor Hurley transmitting recommendation of appointment of the following to the ADA Compliance Commission: Darci Krouse, Mike Reyhons, Rod Burnett, with term expiration date of February 1, 2007; Diane Holmes, Ken McDonald, with term expiration date of February 1, 2006; Craig Schwerdtfeger, John Hawse, Deb Gosse, with term expiration date of February 1, 2005. c. Beer License Permit Application Class C Kwik Star, 1636 West 4th Street (Renewal) (Expires 7/29/05) (Includes Sunday Sales) Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 7/6/05) (Includes Sunday Sales) d. Liquor License Permit Application Class B The Times, 226 West 5th Street (Renewal) (Expires 6/30/05) e. Beer/Liquor License Permit Application Class C Club 2000, 2000 Hawthorne Avenue (Renewal) (Expires 7/10/05) (Includes Sunday Sales) Half Pint Saloon, 1831 Independence Avenue (Renewal) (Expires 6/29/05) (Includes Sunday Sales) f. Liquor License Permit Application Class E Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 7/6/05) (Includes Sunday Sales) g• Wine License Permit Application Class B Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 7/6/05) (Includes Sunday Sales) h. Liquor License Permit Application Class A Fraternal Order of Eagles, 202 East 1st Street (Renewal) (Expires 6/30/05) (Includes Sunday Sales) hl. Beer/Wine License Permit Application Special Class C Friends of the Waterloo Center for the Arts, 225 Commercial Street (New) (Expires 6/22/05) (Includes Sunday Sales) h2. Outdoor Service Area Friends of the Waterloo Center for the Arts, 225 Commercial Street i. Dance License Application Tequila Club, 1108 Eleanor Drive J. Bonds. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 120027 - Welper/Kincaid that communication from City Engineer transmitting recommendation of award of contract in the amount of $124,603.51 to Bowers Masonry, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2004 Young Arena Parking Lot Paving & Lighting, Contract No. 681, 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. 2004-385. PETITIONS FROM PUBLIC 120028 - Schmitt/Cole that communication from Associate Engineer transmitting request of Allen Hospital Plant Operations to be allowed to place concrete in the area between the back of the curb and the sidewalk at 1825 Logan Avenue along the south side of Donald Street for beautification and/or maintenance purposes, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopte�nd upon approval by Mayor assiod No. 2004-386. June 21, 2004 • • PETITIONS FROM PUBLIC CONTINUED 120029 - Schmitt/Cole Page 3 that communication from City Planner transmitting request from Fred Debe on behalf of Lockard Development to vacate, sell and convey for $1.00 a small street portion generally located west of Johnathan Street, west of Lincoln Savings Bank site, containing approximately 4,108.8 sq. ft., together with recommendation of approval of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as July 6, 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: 387. Resolution adopted and upon approval of Mayor assigned No. 2004-387. DOCUMENTS 120030 - Cole/Schmitt that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $124,603.51 from Bowers Masonry, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2004 Young Arena Parking Lot Paving & Lighting, Contract No. 681, 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. 2004-388. 120031 - Cole/Schmitt that communication from Associate Planner transmitting request of Rentown IV, Inc. for tax exemptions on improvements totaling $285,917.00 for property located at 2325 Logan Avenue 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 Pro Tem assigned No. 2004-389. 120032 Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting Certificate of Substantial Completion of Project and Recommendation of Acceptance of Work performed by Black Hawk Roof Company of Cedar Falls, Iowa, in conjunction with Five Sullivan Brothers Convention Center Re -roofing Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-390. 120033 - Cole/Schmitt that communication from Police Chief transmitting application with the Iowa Governor's Traffic Safety Bureau for special Traffic Enforcement Program (sTEP) grant in the amount of $18,900.00, with no required city match, to be used for overtime and/or needed equipment in conjunction with five enforcement/education events scheduled in November 2004, February, May, July and August 2005, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-391. 120034 - Kincaid/Gunderson that communication from Associate Engineer transmitting documents with the Iowa Homeland Security and Emergency Management Division for the purpose of obtaining Federal and State financial assistance under the Stafford Disaster Relief Act due to the flooding in May and June 2004 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. 2004-392. 120035 - Kincaid/Gunderson that communication from Community Development Director transmitting Supplemental Warranty Deed with Becky Jean Wyatt to acquire property located at 334 Irving Street for $6,190.00, be received, placed on file and "Resolution approving said deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-393. r • June 21, 2004 DOCUMENTS CONTINUED 120036 - Kincaid/Gunderson Page 4 that communication from Assistant City Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources for storm water discharges in conjunction with F.Y. 2004 Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-394. 120037 - Kincaid/Gunderson that communication from City Planner transmitting request to approve and accept deed from Stevens Family Trust to acquire property formerly known as the Devil's Den building to be used as part of the Pioneer Graphics expansion project, be received, placed on file and "Resolution approving and accepting deed", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-395. RESOLUTIONS TO BE ADOPTED 120038 - Welper/Gunderson that "Resolution directing acceptance of a proposal from Union Planters Bank, Waterloo, Iowa, to purchase $330,000.00 General Obligation Capital Loan Notes, Taxable Series 2004C, at a net interest of 4.40 percent", be adopted. Prior to a vote on the above motion, the following comments were heard. Larry Burger, Vice President of Speer Financial Inc., reported that this is the last of this year's GO Bond issuance which will be used to pay accumulated sick leave for retiring employees. The city has been issuing one-year notes to pay for the sick leave. The note was put out for bid locally, and two proposals were received. Union Planters Bank of Waterloo, Iowa bid 4.40 percent net interest, and Community National Bank of Waterloo, Iowa bid 4.95 percent net interest. The principle plus the interest will be paid on June 1, 2005. Eventually, the city will remove this note from the process when the accumulated frozen sick leave is paid off. The city will make one payment on June 1, 2005 of $343,350.33. 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. 2004-396 120039 - Gunderson/Welper that "Resolution approving and authorizing loan agreement and providing for the issuance of $330,000 General Obligation Capital Loan Notes, Taxable Series 2004C, and levying a tax to pay said notes", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-397. 120040 - Schmitt/Cole that "Resolution fixing date of hearing as July 6, 2004 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $3,900,000.00 Sewer Revenue Refunding Bonds", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Michelle Weidner, Chief Financial Officer, stated that we are adding two more issues to the Sewer Revenue Refunding Bonds and refinancing all the bonds. We are still working on the dollar amount to be saved by refinancing, but hopefully a couple hundred thousand dollars. 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. 2004-398. • • June 21, 2004 • • RESOLUTIONS TO BE ADOPTED CONTINUED 120041 - Greenwood/Kincaid Page 5 that "Resolution authorizing certification to property taxes certain unpaid garbage and sewer fees", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-399. 120042 - Greenwood/Kincaid that "Resolution authorizing certification to property taxes certain unpaid Life Safety and Rental Inspection fees", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-400. NEW BUSINESS 120043 - Schmitt/Cole to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682, be received, placed on file and approved. Ayes: Seven. Motion carried. 120044 - Gunderson/Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682, be received and placed on file. Ayes: Seven. Motion carried. 120045 - Kincaid/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. 2004-401. 120046 - Welper/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as July 6, 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. 2004-402. 120047 - Kincaid/Cole to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with Homeland Security Window Replacement and Lighting for City Hall, be received, placed on file and approved. Ayes: Seven. Motion carried. 120048 - Schmitt/Gunderson that plans, specifications, form of contract, etc. in conjunction with Homeland Security Window Replacement and Lighting for City Hall, be received and placed on file. Ayes: Seven. Motion carried. 120049 - Kincaid/Cole 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. 2004-403. 120050 - Gunderson/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 28, 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. 2004-404. June 21, 2004 ORAL PRESENTATIONS Page 6 120051 - DeWayne Eilers, 2260 Independence Avenue, reported that he has been robbed numerous times in the past nine months, and none of the cases has been solved. The last case, two or three young people jumped his fence and stripped his Volkswagen. Two nights later his son notified him that some young kids were selling the stereo, speakers and door panels, which were valued at over $4,000.00. The Police Department was called and they said they would send someone out, 20 minutes later they called the Police Department and again were told they would send someone out. Ten minutes later, he went to the Police Department and was told they only had nine officers on duty to cover the city and they were chasing someone with a gun. Mr. Eilers stated the citizens do not have enough protection because the Police Department is short of help, and we need more money for more police officers and need more protection at night. Mr. Eilers stated he does not blame the Police Department as there are not enough of them, but we need more money for the Police Department so they can do their job. Mr. Eilers reminded the council he came before them six months ago to share with them that other cities are cutting animal control by one-half. Evansdale and Cedar Falls are cutting animal control expenses by one-half. Mr. Eilers stated by reducing animal control, the city could hire three more police officers. Mr. Eilers stated he would like the city to put more money in the Police and Fire Departments as he wants to be protected. Mr. Eilers stated he is going to sell everything in one month and let his boys take over the business, but he is still going to live here. Mr. Eilers stated he feels the city is paying twice what they should be paying for animal control while all the major cities are cutting animal control so they can save the Police Department. Mr. Eilers stated he has not heard one thing from the council on his suggestion to cut animal control so that more officers could be hired. Mayor Hurley thanked Mr. Eilers for sharing his feelings with the council and stated the city will be starting the FY06 budget process and a lot of people share Mr. Eilers' sentiments and the council will look at animal control. Tonya Gebhardt, 3433 Bristol Road, reported that on February 9, 2004 police officers arrested her 8 year old son for defending himself because the other boy's parents demanded that her son be arrested. Ms. Gebhardt stated that when they left the police station they were told her son was not arrested, but the next morning the police told her mom that her son was arrested. Ms. Gebhardt stated that on April 29, 2004 she filed a grievance against the Police Department and was told by a Police Lieutenant two weeks ago that she would be hearing from them. Ms. Gebhardt stated she is concerned that an 8 year old can be arrested. Ms. Gebhardt stated her other issue concerns a man who is abusing her kids. Ms. Gebhardt stated she has a restraining order, but he continues to harass them, and the Police Department will not investigate. Ms. Gebhardt stated she doesn't know how a grown man admits to it, but he cannot be arrested. Ms. Gebhardt stated that Mayor Hurley and the council have a copy of her complaint. Ms. Gebhardt stated she talked with Chief Jennings today, and he is going to meet with her tomorrow. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 120052 - Welper/Kincaid that the Council adjourn at 6:05 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk • •