HomeMy WebLinkAboutMinutes-05/24/2004May 24, 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, May 24, 2004. Mayor Timothy J. Hurley
in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper.
Moment of Silence.
Pledge of Allegiance: Councilperson Bob Greenwood
119922 - Welper/Kincaid
that the Agenda, as proposed, for the Regular Session on Monday, May 24, 2004,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
119923 - Welper/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, May 17, 2004,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
CONSENT AGENDA
119924 - Welper/Gunderson
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. 1-67, dated May 24, 2004, in the
amount of $9,638,323.45, 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. 2004-338.
2. Communication from City Engineer transmitting request of Delmar Kinzebach for
a waiver for a concrete driveway to be located at 227 Spieker Road, together
with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2004-339.
3. Communication from Police Chief transmitting change to route for 4th Street
Cruise on May 29, 2004 from noon to 4:00 p.m. to divert northbound traffic to
18t Street due to northbound lanes on the Park Avenue Bridge are closed to
traffic.
Resolution adopted and upon approval by Mayor assigned No. 2004-340.
b. Motion to approve the following:
1. Nancy Eckert, City Clerk, to attend Iowa Municipal Clerk's Academy in Ames,
Iowa on July 21-23, 2004, with costs not to exceed $385.00.
2. Walter Reed, Executive Director; Brian Krischke, Fair Housing Coordinator;
Rebecca Johnson, Human Rights Specialist; and five Human Rights Commissioners
to attend 2004 National Fair Housing Training on June 13-18, 2004, with costs
not to exceed $11,684.80.
c. Beer License Permit Application
Class B
My Waterloo Days, 100 E. Park Avenue (5 days --6/3/04 - 6/7/04) (Includes
Sunday Sales)
My Waterloo Days, 100 E. Park Avenue transfer to 1000 Fletcher (6/5/04
6/7/04)
My Waterloo Days, 100 West 4th Street (5 days --6/3/04 - 6/7/04)
My Waterloo Days, 519 Mulberry (5 days --6/3/04 - 6/7/04)
d.
Beer License
Class C
Osco Drug,
Sales)
Fast Trip
Sales)
New Star Liquor,
Sunday Sales)
Permit
Application
2068 Logan Avenue (Renewal) (Expires 7/5/05) (Includes Sunday
Market, 1415 Logan Avenue (New) (Expires 6/1/05) (Includes Sunday
1309 Lafayette Street (New) (Expires 6/1/05) (Includes
e. Liquor License Permit Application
Class C
Five Sullivan Brothers Convention Center, 200 West 4th Street transfer to West
5th Street (6/4/04)
Buzz's Bar, 1016 Maynard (Renewal) (Expires 5/27/05) (Includes Sunday Sales)
May 24, 2004 Page 2
Consent Agenda - continued
Applebee's Neighborhood Grill & Bar, 2780 Crossroads Boulevard (Expires
6/23/05) (Includes Sunday Sales)
Sports Page Grill & Tavern, 3550 Kimball Avenue (New) (Expires 6/1/05)
(Includes Sunday Sales)
Maples Lanes Bowling Center, 2608 University Avenue (Renewal) (Expires
7/9/05) (Includes Sunday Sales)
f. Liquor License Permit Application
Class E
New Star Liquor, 1309 Lafayette Street (New) (Expires 6/1/05) (Includes
Sunday Sales)
g•
Beer/Wine License Permit Application
Class B
New Star Liquor, 1309 Lafayette Street (New) (Expires 6/1/05) (Includes
Sunday Sales)
h. Outdoor Service Area Application
My Waterloo Days, 100 E. Park Avenue
My Waterloo Days, 1000 Fletcher Avenue
My Waterloo Days, 100 West 4th Street
My Waterloo Days, 519 Mulberry Street
Five Sullivan Brothers Convention Center, West 5th Street
Buzz's Bar, 1016 Maynard Avenue
Sports Page Grill & Tavern, 3550 Kimball Avenue
i. Fireworks Display Application
Waterloo Bucks Baseball, Riverfront Stadium, on June 2, June 12, July 5, July
9 and July 17, 2004
j. Cigarette Permit Application
Fast Trip Market, 1615 Logan Avenue
New Star Liquor, 1309 Lafayette Street
k. Bonds.
Ayes: Seven. Motion carried.
HEARINGS
119925 - Schmitt/Gunderson
that proof of publication of notice of public hearing on FY2004 Budget
amendments, as published in the Waterloo Courier on May 13, 2004, be received
and placed on file. Ayes: Seven. Motion carried.
119926 - 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.
119927 - Welper/Kincaid
that "Resolution approving said budget amendments", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-341.
119928 - Kincaid/Greenwood
that proof of publication of notice of public hearing on voluntary annexation of
property generally located between Independence Avenue and Martin Luther King
Jr., as published in the Waterloo Courier on May 5, 2004, be received and placed
on file. Ayes: Seven. Motion carried.
119929 - 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.
1
May 24, 2004
• •
Hearings - continued
119930 - Schmitt/Greenwood
that "Resolution approving said annexation", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-342.
DOCUMENTS
119931 Gunderson/Cole
Page 3
that communication from City Planning & Development Director transmitting
amendment No. 3 with U.S. Department of Commerce for Economic Development
Administration grant in conjunction with reconstruction of Sycamore Street from
E. 11th Street to E. 6th Street and acquisition of property located between E. 8th
Street and E. 6th Street to extend project completion date from September 30,
2004 to December 31, 2005, be received, placed on file and "Resolution approving
said amendment", be adopted and Mayor and City Clerk authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-343.
119932 - Gunderson/Cole
that Supplemental Agreement No. 2 with Earth Tech, Inc at a cost of $15,000.00
to provide construction -related services for additional manhole rehabilitation
in conjunction with Satellite Interceptor Corrosion Control, Contract No. 652,
be received, placed on file and "Resolution approving said supplemental
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.
Larry Smith, Superintendent of Waste Management Services, reported the original
project called for installing new lining in the manholes down to the Anaerobic
Lagoon. This will expand the scope of the project by lining 26 additional
manholes upstream of the Anaerobic Lagoon. The manholes have deteriorated since
the original contract was approved. This is the cost for engineering services
with Earth Tech for expanded construction -related services with the additional
manhole rehabilitation.
Councilperson Greenwood asked when the interceptor was put in didn't the city
know how much sulfuric acid was going into the system. Mr. Smith responded we
had an idea, but didn't realize it would be that bad.
Mayor Hurley stated that at that time with the technology in place and materials
available, they thought it was the best they could do. Mayor Hurley stated that
approving this now will allow the city to take advantage of the firm putting in
the new liners being in the area.
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. 2004-344.
119933 - Clark/Schmitt
that communication from City Planning & Development Director transmitting Change
Order No. 4 for a net increase in the amount of $18,000.00 for work to be
performed by Howard R. Green Company in conjunction with EPA Brownfield Pilot
Service Contract, be received, placed on file and approved and Mayor and City
Clerk authorized to execute same. Ayes: Seven. Motion carried.
119934 - Clark/Schmitt
that communication from Superintendent of Waste Management Services transmitting
Change Order No. 3 for a net increase in the amount of $178,620.00 for work to
be performed by Municipal Pipe Tool in conjunction with Satellite Interceptor
Corrosion Control, Contract No. 652, be received, placed on file and approved
and Mayor authorized to execute same. Ayes: Seven. Motion carried.
119935 - Clark/Schmitt
that communication from Chief Financial Officer transmitting sewer revenue bond
arbitrage testing from Berens -Tate Consulting Group, be received and placed on
file. Ayes: Seven. Motion carried.
May 24, 2004 Page 4
RESOLUTIONS TO BE ADOPTED
119936 - Cole/Schmitt
that "Resolution approving use of discretionary hotel/motel funds in the amount
of $1,500.00 for the Sesquicentennial Celebration", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-345.
119937 - Cole/Schmitt
that "Resolution directing advertisement for sale of $9,745,000.00 General
Obligation Bonds, Series 2004A, and $3,825,000.00 General Obligation Bonds,
Taxable Series 2004B as June 3, 2004 at 4:30 p.m. in the City Hall Council
Chambers and approving electronic bidding procedures", be adopted and City Clerk
instructed to publish notice of said sale. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-346.
ORDINANCES TO BE ADOPTED
119938 - Clark/Welper
that "an Ordinance rezoning from "A-1" Agricultural District to "M -2,P" Planned
Industrial District property generally located between Independence Avenue and
Martin Luther King Jr. Drive to allow construction of a 608,000 sq. ft.
distribution center (Parcel Nos. 1 and 2) amending Ordinance No. 2479, as
amended, City Zoning Ordinance by adding Subsection No. 358 to Section 2A-5
Rezoning Certain Property", be received, placed on file, considered and passed
for the first time . Ayes: Seven. Motion carried.
119939 - Welper/Kincaid
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried
119940 - Welper/Cole
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 358 to Section 2A-5 Rezoning Certain
Property", be considered and pass for the second and third times and adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4694.
NEW BUSINESS
119941 - Gunderson/Schmitt
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2004 Young Arena Parking Lot Paving & Lighting,
Contract No. 681, be received, placed on file and approved. Ayes: Seven.
Motion carried.
119942 - Welper/Gunderson
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2004
Young Arena Parking Lot Paving & Lighting, Contract No. 681, be received and
placed on file. Ayes: Seven. Motion carried.
119943 - 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. 2004-347.
119944 - Greenwood/Cole
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as June 7, 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. 2004-348.
1 •
May 24, 2004
•
Page 5
Mayor Hurley read a Proclamation recognizing Raquel Harmon as Iowa Youth of the
Year.
Mayor Hurley read a Proclamation recognizing Carlton Reed as Mr. Basketball in
the State of Iowa.
ORAL PRESENTATIONS
119945 - Kenneth Hinders, 5236 Weiden Road, stated that in 1993, the city took out the
two, 36" culverts on Shaulis Road and put in two 6'4" x 12' culverts. Mr.
Hinders stated the city is dumping water onto his property. At the other end of
his property there are two 36" culverts that have to relieve those two 12'
culverts the city put in. The water comes up and goes right into his property.
Mr. Hinders stated he bought the property in 1978 and never had water close to
his house, but in 1993 water was three foot deep in his basement. Mr. Hinders
stated he talked to quite a few people about this and they don't want to do
anything. He also talked to an engineer who was favorably about coming out and
looking at the culverts. Mr. Hinders stated the water came back in the other
night so fast that he had a boat sitting out where he could walk right into it,
and this morning all you could see was the top of the seat. Mr. Hinders stated
he started building up his property a little over a year ago. He owns an acre
of ground of which on one end it is 310 feet and comes back at approximately
25 feet on the other end of the lake. Mr. Hinders stated he wants to build up
his property on his land, not on the pound, and build it up to where it wouldn't
come up, but he has been told he couldn't do that. Mr. Hinders stated if his
property gets ruined, he is going to do something, and the city either allow him
to put dirt on his land to protect his land or he is going to go to court. Mr.
Hinders stated the engineers should have known that the two 36" culverts down
below could not take care of the load. Mr. Hinders stated he lives in the
county, and the culverts are on Shaulis Road.
Mayor Hurley stated he appreciates Mr. Hinders' comments and asked Dennis Gentz,
Assistant City Engineer, to look at this property.
Jim Walsh, City Attorney, stated if this gentleman is going to talk about
litigation, then we need to talk about this in private before it is discussed in
public. Mr. Walsh stated he would like to talk to the Engineer's office and
find out what is going on before we talk about it in public.
Mr. Hinders stated if the city gives him the equipment, he would be willing to
dig it up and put in the culverts himself.
Welper/Gunderson
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
119946 - Welper/Clark
that the Council adjourn at 6:02 p.m. Ayes: Seven. Motion carried.
Nancy EtJkert, CMC
City Clerk