HomeMy WebLinkAboutMinutes-10/04/2004October 4, 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, October 4, 2004. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson,
Welper.
Moment of Silence.
Pledge of Allegiance: Paul Huting, Leisure Services Director.
120567 - Welper/Kincaid
that the Agenda, as amended, for the Regular Session on Monday, October 4, 2004,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
120568 - Welper/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, September 27,
2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Hurley read a Proclamation declaring October 3-9, 2004 as Fire Prevention
Week.
Mayor Hurley recognized KBBG for receiving 2003 Media Award from the State of
Iowa Community Betterment Program.
Mayor Hurley recognized Locke Funeral for receiving 2003 Leadership Award from
the State of Iowa Community Betterment Program.
Mayor Hurley recognized Waterloo Church Row Historic Neighborhood Association
for receiving Certificate of Recognition for their New Neighbor Welcome Project.
Mayor Hurley recognized Gayle and Neil Lundgren for receiving 2003 Good Neighbor
Award from the State of Iowa Community Betterment Program.
CONSENT AGENDA
120569 - 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. 1-71, dated October 4, 2004, in the
amount of $1,653,585.66, 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
2. Communication from City Engineer transmitting request
waiver for a concrete driveway to be located at 1822
with recommendation of approval.
No. 2004-680.
of Clarence Main for a
Byron Avenue, together
Resolution adopted and upon approval by Mayor assigned No. 2004-681.
3. Communication from City Clerk transmitting request of Richard Warhol for an
exception to burning yard waste to burn approximately 1,500 sq. ft. of
prairie grass located to the rear of the lot located at 2151 Grand Boulevard
in Mid -November, together with recommendation of approval of Fire Chief,
Leisure Services Director and Superintendent of Waste Management Services.
Resolution adopted and upon approval by Mayor assigned No. 2004-682.
b. Motion to approve the following:
1. Jason Brodie, Paramedic, to attend ACLS and PALS Classes in Iowa City, Iowa
on October 28-29, 2004, with costs not to exceed $225.00.
2. Rick Curran, Steve Schmitz and Joel Shepard, Leisure Services Maintenance, to
attend Playground Safety Inspector Certification Course in Council Bluffs,
Iowa on October 18-20, 2004, with costs not to exceed $1,468.00, including
use of city vehicle.
3. Louis Cutwright, Building Official/Maintenance Administrator, to attend. Iowa
Paralyzed Vets of America on Accessibility for ADA in West Des Moines, Iowa
on October 13-14, 2004, with costs not to exceed $200.00, including use of
city vehicle.
October 4, 2004 Page 2
Consent Agenda - continued
c. Beer License Permit Application
Class C
All Stop Convenience Store, 2424 Ranchero Road (Renewal) (Expires 11/26/05)
(Includes Sunday Sales)
Kwik Trip, 506 West 9th Street (Renewal) (Expires 11/18/05) (Includes Sunday
Sales)
d. Wine License Permit Application
Class B
Q&T Pharmacy, 920 West 5th Street (Renewal) (Expires 10/29/05) (Includes
Sunday Sales)
e. Beer License Permit Application
Class B
Gates Park Golf Course, 820 E. Donald Street (Renewal) (Expires 10/03/05)
(Includes Sunday Sales)
f. Beer/Wine License Permit Application
Special Class C
Doughy Joey's Peetza Joynt, 300 West 4th Street (Renewal) (Expires 10/08/05)
(Includes Sunday Sales)
g•
Beer/Liquor License Permit Application
Class C
Bar Furious, 1435 Sycamore Street (New) (Expires 10/15/05)
The Brown Bottle, 209 West 5th Street (Renewal) (Expires 10/21/05) (Includes
Sunday Sales)
h. Outdoor Service Area Application
Gates Park Golf Course, 820 E. Donald Street
Doughy Joey's Peetza Joynt, 300 West 4th Street
Ayes: Seven. Motion carried.
BID OPENING
120570 - Gunderson/Welper
to receive, file and instruct City Clerk to open and read bids for Metal Roof
Restoration For Solid Waste Storage and Repair Center at Pollution Control and
refer to Building Official/Maintenance Administrator: (See CR 120502 for
Hearing) :
Bidder
Elastomeric Roofing Acrylic/Urethane Membrane Only
10 Year Warranty
Bid Bond Base Bid
Exteriors Limited, Vinton, IA $5,005.00 $76,600.00
Helle Urethane, Manchester, IA 5% $77,900.00
Metal Deck Sq Ft.
Exceeding 2,000S.F.
$ 7.00/S.F.
$ 7.65/S.F.
Elastomeric Roofing Acrylic/Urethane Membrane Over Urethane
Insulation
Bidder
10 Year Warranty
Bid Bond Base Bid
Exteriors Limited, Vinton, IA $5,000.00 $87,600.00
Helle Urethane, Manchester, IA 5% $89,000.00
Bidder
15 Year Warranty
Bid Bond Base Bid
Exteriors Limited, Vinton, IA $5,000.00 $96,600.00
Helle Urethane, Manchester, IA 5% $99,000.00
Ayes: Seven. Motion carried.
Metal Deck Sq Ft.
Exceeding 500 S.F.
$ 7.00/S.F.
$ 7.65/S.F.
Metal Deck Sq Ft.
Exceeding 500 S.F.
$ 7.00/S.F.
$ 7.65/S.F
October 4, 2004
HEARINGS
120571 - Schmitt/Welper
• •
Page 3
that proof of publication of notice of public hearing on request of Gary Larson
to vacate a 12 foot portion of the 17 foot utility easement generally located at
3951 Valdez Drive to allow moving the existing garage back on the property to
allow an addition to be constructed to the rear of the home, as published in the
Waterloo Courier on September 24, 2004, be received and placed on file. Ayes:
Seven. Motion carried.
120572 - 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 approval of the Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Seven.
Motion carried.
120573 - Schmitt/Kincaid
that "an Ordinance vacating a 12 foot portion of the 17 foot utility easement
generally located at 3951 Valdez Drive", be received, placed on file, considered
and passed for the first time. Ayes: Seven. Motion carried.
120574 - Welper/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
120575 - Welper/Kincaid
that "an Ordinance vacating a 12 foot portion of the 17 foot utility easement
generally located at 3951 Valdez Drive", be considered and passed for the second
and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4733.
PETITIONS FROM PUBLIC
120576 - Gunderson/Schmitt
that communication from Community Planning & Development Director transmitting
request of Basic Materials to dredge material from Tract F on city -owned
property located in the East Lake/Brinker Lake area, be received, placed on file
and "Resolution approving said request to dredge material from Tract F", be
adopted.
Prior to a vote on the above motion, the following comments were heard.
Don Temeyer, Community Planning and Development Director, reported the city
entered into a lease agreement with Basic Materials in 1997 for mining
operations near East Lake at George Wyth State Park. Under the agreement Basic
Materials and the Brinker family donated 72 acres to incorporate into what was
then known as East Lake. Basic Materials pays the city 3 percent royalty on
their net selling price for the material mined from the land. To date, Basic
Materials has paid the city over $251,000.00. This amendment will free up more
land along the flood dike between Donald and Broadway Streets for dredging
operations. The city prohibited Basic Materials from mining along the dike so
that Leisure Services could perhaps put a beach there in the future. The city
has determined we don't need a beach in that location, but there still will be
enough room along the dike to put one in the future if the city needs to do
that. The agreement has the potential of doubling the size of the lake now
known as Brinker Lake.
Sherman Lundy, Geologist for Basic Materials, reported that Basic Materials is
mining 150,000 to 200,000 tons per year, and with that schedule the area could
be open for boating in 10 to 12 years. Mr. Lundy stated they are dredging about
60 to 70 feet deep. Mr. Lundy stated Basic Materials plans to keep a buffer
strip of land separating the dredging operation from the current lake for safety
reasons. Once the company finishes the dredging, the two bodies of water would
be joined together.
October 4, 2004
Page 4
Petitions from Public - continued
Councilperson Greenwood asked about the proposal to dredge the Cedar River. Mr.
Lundy responded that a committee talked about an independent contractor moving
the material out of the Cedar River. The committee had hoped to secure a grant
for the project. The committee also investigated stockpiling the material on
the bank of the river, but that would be unsightly and then it would have to be
moved again.
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. 2004-683.
DOCUMENTS
120577 - Clark/Schmitt
that communication from Associate Planner transmitting request of Douglas and
Tina Hoeppner for tax exemptions on improvements totaling $8,719.00 for property
located at 1128 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. 2004-684.
120578 - Clark/Schmitt
that communication from Fire Chief transmitting Letter of Agreement between
Waterloo Air Traffic Control Tower/Waterloo Airport and Waterloo Fire Rescue, be
received, placed on file and "Resolution approving said agreement", be adopted
and Fire Chief authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-685.
120579 - Clark/Schmitt
that communication from City Clerk transmitting Acknowledgment/Settlement
Agreement with Falls Road Drug to serve 30 -day suspension of retail cigarette
permit from October 11 through November 9, 2004 for sale of tobacco products to
minors, 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. 2004-686.
120580 - Clark/Schmitt
that communication from Police Chief transmitting agreement with the Iowa
Department of Human Rights - Division of Criminal and Juvenile Justice Planning
for Juvenile Accountability Incentive Block Grant (JAIBG) in the amount of
$11,649.00, with no required match, to develop programs that will target youth
violence, gang and drug-related issues, 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. 2004-687.
RESOLUTIONS TO BE ADOPTED
120581 - Clark/Schmitt
that "Resolution approving allocation of $4,400.00 hotel/motel discretionary
funds to the Grout Museum District to be used for year round advertising
campaign", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-688.
ORDINANCES TO BE ADOPTED
120582 - Schmitt/Clark
that "an Ordinance amending the 2003 Traffic Code by adding Subsection (lla)
Pheasant Lane to Section 546, Yield Intersections (installation of Yield signs
on Pheasant Lane at the intersection of Brookeridge Drive)", be received, placed
on file, considered and passed for the first time. Ayes: Seven. Motion
carried.
• •
October 4, 2004
• •
Ordinances to be Adopted - continued
120583 - Schmitt/Greenwood
Page 5
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
120584 - Schmitt/Welper
that "an Ordinance amending the 2003 Traffic Code by adding Subsection (lla)
Pheasant Lane to Section 546, Yield Intersections (installation of Yield signs
on Pheasant Lane at the intersection of Brookeridge Drive)", be considered and
passed for the second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4734.
NEW BUSINESS
120585 - Welper/Gunderson
that communication from Senior Planner transmitting request to set new date of
hearing as October 25, 2004 on vacation of 50 foot platted right-of-way
generally located in the 200 Block of Creston Avenue and rescinding Ordinance
No. 4467 in its entirety, be received, placed on file and "Resolution setting
date of hearing as October 25, 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-689.
120586 - Welper/Gunderson
that communication from Airport Director transmitting request to purchase John
Deere 1600 Utility Vehicle with snow blower at a cost of $56,575.00 and Dodge
2500 Pickup Truck and snow blade at a cost of $36,455.00, be received, placed on
file and "Resolution approving purchase of said vehicles", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-690.
120587 - Gunderson/Welper
to instruct Building Official/Maintenance Administrator to
specifications, form of contract, etc. in conjunction with East Fifth
Fifth Street Parking Ramps Deck Waterproofing, be received, placed on
approved.
Prior to a vote on the above motion, the following comments were heard.
Lou Cutwright, Building Official/Maintenance Administrator, reported
city has spent approximately $2 million on the ramps since 1996. The
old, but with proper maintenance and repair they can last a long time.
and sand breaks down damaging the decks.
Following comments a vote was taken on the above motion with the
result. Ayes: Seven. Motion carried.
120588 - Gunderson/Schmitt
prepare
and West
file and
that the
ramps are
The salt
following
that specifications, form of contract, etc. in conjunction with East Fifth and
West Fifth Street Parking Ramps Deck Waterproofing, be received and placed on
file. Ayes: Seven. Motion carried.
120589 - Gunderson/Schmitt
that "Resolution preliminarily approving specifications, form of contract, etc.
in conjunction with above described project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-691.
120590 - Gunderson/Schmitt
that "Resolution setting date of hearing on specifications, form of contract,
etc. as October 25, 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. 2004-692.
October 4, 2004 Page 6
ORAL PRESENTATIONS
120591 - Charlene Mishler, 319 Center Street, stated she read an article in the Waterloo
Courier regarding Waterloo surveying the citizens on the use of the local option
sales tax. In the article, Mayor Hurley mentions that the city has had two
property tax increases, has a road use tax, and we are taxed to death. Ms.
Mishler submitted an article she found on the Internet regarding Crestwood,
Illinois, a city with a population of 12,000. Crestwood is billed as the best
run town in America because it operates like a business. The article pointed
out that Crestwood is run so efficiently that the citizens have received 26
percent to 75 percent rebates on their property taxes, and the goal of the town
is to one day totally eliminate property taxes. When the current mayor was
elected, Crestwood scrapped the Public Works Department and contracted with a
private contractor. The same with their bookkeeper, they pay an auditor
$8,000.00 to do the work and save around $35,000.00 per year. Crestwood has 17
full time employees. They have three full-time policeman, but they have 40 part
time officers who put in 10 - 12 hours per week patrolling the streets.
Residents over the age of 55 get free household repairs and their shrubs cut for
free. Ms. Mishler stated she thinks Waterloo needs to seriously consider
contracting out services as she feels the city could contract out a lot more of
its services.
Connie Broell, 339 Maryland Avenue, spoke on her frustration with working with
the city and the maintenance of an alley located behind her house. She
purchased her house in the early 70s, and the house was built in 1925. The
garage is located in the back of the house and the only access to the garage is
through the alley. There are at least four other neighbors in the same
situation where access to their garage is through the alley only. The alley
runs behind Prospect Boulevard, Maryland Avenue and Lovejoy Street. Its very
narrow and lined with trees and shrubs. There are others who would use the
alley besides the four or five of them but the condition of the alley is very
bad. Early on when they purchased their house, city garbage trucks picked up in
the alleys so the alley was fairly well maintained. Several years ago, a
neighbor built an addition to his house and in doing so blocked a drainage pipe
that was used to drain excess water from the alley. For quite a while the
problem was minimal, but due to the way the alley is laid out, there is a curb
and a major low spot, it has caused a problem. Currently, another neighbor is
building a new garage along the alley, and it is built up quite high so the
water runs down into the alley. Another neighbor has built up their backyard,
they moved a garage forward, brought in dirt and have a higher yard so the water
doesn't run that way any more. A third neighbor actually has to sandbagged the
alley in the spring and summer when there is water in order to keep water out of
his yard so their kids can play in their backyard. Water has sat in this huge
mud hole most of the summer. It is a breeding ground for mosquitoes, it stinks,
and it is impossible to keep the cars or driveways clean. The City Engineer has
been out several times over the past several years, including when Mayor Rooff
was in office and the current administration. A few years ago there was a
meeting in City Hall to form a plan to get rid of the problem, and it was strung
along until it got pretty late in the construction season and then some of the
neighbors were told there was not enough money to take care of the problem
anyway. Last year, Ms. Broell contacted her council member concerning the
alley. Ms. Broell's husband was sick and confined to a wheelchair, and they had
to hire a van to take him from their house to the doctor or hospital. The ramp
for the wheelchair went down the side of the house back to the driveway so they
could take him. The van driver was used to people with disabilities, and he
suggested a couple of times to contact the Americans With Disabilities Act to
get the alley fixed because she was not getting anywhere. Early this summer,
she contacted her council member and the mayor's office, and again the City
Engineer came out and they were promised something would be done about the
alley, and now its October and nothing has been done. One of the neighbors on
Prospect Boulevard has agreed to accommodate for the storm sewer as needed and
would take out a hedge so their kids could play in their backyard. The other
party has ignored all attempts from the city to contact them. The city has sent
letters and registered mail and this person has not responded. Ms. Broell
called the mayor's office last Friday, and was informed there was absolutely
nothing the city can or will do without direct communication from this person
regardless of how that alley affects the rest of the neighborhood. Ms. Broell
stated she does not buy that, she does not believe one person has that much
power. Ms. Broell stated she was given a copy of the letter sent to this
person, and she thought it contained reasonable alternatives for them to
consider so that we could get the alley problem taken care of. But because they
have not, will not and don't intend to respond, it is Ms. Broell's understanding
that the plans are at a standstill. Ms. Broell stated when her taxes are due,
there is no putting them off, she has to pay them, when she needed a new roof
she had to get a permit, and she has to pay for her car licenses. She did not
realize if you ignore the city's request that things will just go away if you
don't answer them. Ms. Broell stated winter is coming, there is not a good
route in or out of the alley, and if it doesn't get done, next spring they start
all over again.
• •
October 4, 2004
• •
Oral Presentations - continued
Page 7
The mud hole will be there, water will overflow into people's yards, mosquitoes
are going to be there and mud. Ms. Broell stated she loves her house and
neighborhood, but if someone was looking to buy a house along that alleyway, it
would be a real detriment. Ms. Broell stated she feels something has to be
done, the city has put in time and money to come up with a plan, but one person
can ignore it who is not directly affected and the rest of them sit there. Ms.
Broell asked what could she do.
Mayor Hurley responded he knows personally that everything Ms. Broell said is
very accurate. Mayor Hurley stated he and the City Engineer were just talking
about it and what is going on. Mayor Hurley stated he would not characterize it
as the second party ignoring the communication, it has just been terribly
difficult to contact her because of her job and schedule. Mayor Hurley stated
the city needs to step up its effort. The indication are there is a reasonable
plan, we just have to decide that since there were three for four options given,
which one the city will go with. Mayor Hurley stated the city could go through
the eminent domain process for the easements the city needs, but he is not quite
ready to do that yet. Mayor Hurley noted that we are probably looking at next
spring to get things going because of how late it is in the year. Our efforts
right now are contacting the person, finding out which option the homeowner
would like to go with, putting together specifications, getting bids and taking
action.
Ms. Broell stated she visited with the woman last night, and she has no
intention of communicating with the city. She said she is very busy, its been
going on for some time and its too bad because she has things she has to do, she
is leaving for Russia on October 7 and she is not going to deal with it now.
Ms. Broell noted that prior to August this woman was going to be gone all of
August, and we all backed off and honored that.
Mayor Hurley stated tomorrow morning the city will increase its effort as we
have to have that person's permission. Ms. Broell asked if that person does not
have a stake in this and does not give her permission then that means it stays
just as it is. Mayor Hurley responded that would be when the city would use the
eminent domain process. Mayor Hurley stated that one of the two properties
where the city would be getting an easement is his daughter's home. Ms. Broell
stated that one of the neighbor's homes is for sale, and they have moved out and
it hasn't sold. Ms. Broell stated she hates to see it shelved again. Mayor
Hurley responded the city will keep working on it.
Mayor Hurley announced that over the weekend a press release was sent out
regarding the city holding a "free-for-all" citywide cleanup for residents on
October 9, 2004. Mayor Hurley clarified that on the bulk items citizens can
discard one each of the following bulk items: air conditioner, dehumidifier,
freezer, refrigerator, clothes dryer, dishwasher, clothes washer, oven/stove,
microwave oven, kitchen range, furnace, thermostat and water heater. A maximum
of four automobile or pickup tires with or without rims can also be discarded.
Welper/Gunderson
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
120592 - Welper/Clark
that the Council adjourn at 6:30 p.m. Ayes: Seven. Motion carried.
'L-11\a'AA-4-4r
Nancy ckert, CMC
City Clerk