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HomeMy WebLinkAboutMinutes-02/06/2006• • February 6, 2006 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, February 6, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Absent: Kincaid. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. 122905 - Schmitt/Getty that the Agenda, as proposed, for the Regular Session on Monday, February 6, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. 122906 Schmitt/Getty that the Minutes, as proposed, for the Regular Session on Monday, January 23, 2006, and Executive Session on Monday, January 30, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. Mayor Hurley read a Proclamation declaring February 2006 as Children's Dental Health Month. CONSENT AGENDA 122907 - Schmitt/Greenwood 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. 1-79, dated February 6, 2006, in the amount of $1,699,930.78, 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. 2006-62. b.,Motion to approve the following: 1 Craig Clark, Permit Writer, to attend Permit Technician Exam in Des Moines, Iowa on February 10, 2006, with costs not to exceed $185.00, including use of city vehicle. 2. Lou Cutwright, Building Official/Maintenance Administrator, to attend National ADA Symposium and Expo in St. Louis, Missouri on April 9-12, 2006, with costs not to exceed $1,240.00, including use of city vehicle. 3. Lou Ball, Fire Fighter, to attend National Life Savers Conference in Austin, Texas on April 8-11, 2006, with costs not to exceed $1,808.14. 4. Aaron McClelland, Police Officer, to attend Taser Instructor School in East Moline, Illinois on February 7-8, 2006, with costs not to exceed $263.00. 5. Communication from Mayor Hurley transmitting reappointment of the following to the Waterloo Commission on Human Rights: Craig White, Lee Tolbert, Jr. and Warren George with term expiration date of January 1, 2008; appointment of the following: Will Montgomery, Rhonda McRina, Zulfeta Rizvic', with term expiration date of January 1, 2009 and appointment of Jerome Amos, with term expiration date of January 1, 2008. c. Beer/Liquor License Permit Application Class C Sapphire's Gentlemen's Club, 301 West 4th Street (Renewal) (Expires 2/12/07) (Includes Sunday Sales) Tokyo Japanese Steakhouse, Inc., 126 E. Ridgeway Avenue (Renewal) (Expires 2/13/07) (Includes Sunday Sales) Jameson's, 310 East 4th Street (New) (Expires 2/6/07) (Includes Sunday Sales) February 6, 2006 Consent Agenda continued d. Beer License Permit Application Class C The Pit Stop, 1459 Ansborough Avenue Sunday Sales) Kmart, 3810 University Avenue Sales) Fareway Store, 140 West San (Includes Sunday Sales) Sams Club, 210 E. Tower Park Drive Sunday Sales) Hy -Vee Food Store, 4000 University (Includes Sunday Sales) Sycamore Convenience Store, 617-619 3/11/07) (Includes Sunday Sales) Page 2 (Renewal) (Expires 2/3/07) (Includes (Renewal) (Expires 2/28/07) (Includes Sunday Marnan Drive (Renewal) (Renewal) (Expires Avenue (Renewal) Sycamore Street (Expires 2/28/07) 2/28/07) (Expires (Renewal) (Includes 3/15/07) (Expires e. Wine License Permit Application Class B Kmart, 3810 University Avenue (Renewal) (Expires 2/28/07) (Includes Sunday Sales) Fareway Store, 140 West San Marnan Drive (Renewal) (Expires (Includes Sunday Sales) Sams Club, 210 E. Tower Park Drive (Renewal) (Expires 2/28/07) Sunday Sales) Hy -Vee Food Store, 4000 University Avenue (Renewal) (Expires (Includes Sunday Sales) Sycamore Convenience Store, 617-619 Sycamore Street (Renewal) 3/11/07) (Includes Sunday Sales) f. Liquor License Permit Application Class E Sams Club, 210 E. Tower Park Drive Sunday Sales) Hy -Vee Food Store, 4000 University (Includes Sunday Sales) Sycamore Convenience Store, 617-619 3/11/07) (Includes Sunday Sales) g• (Renewal) (Expires Avenue (Renewal) Sycamore Street 2/28/07) (Expires (Renewal) 2/28/07) (Includes 3/15/07) (Expires (Includes 3/15/07) (Expires Fireworks Display Application My Waterloo Days -Greater Cedar Valley Chamber of Commerce -Waterloo June 2, 2006 Ayes: Six. Absent: Kincaid. Motion carried. HEARINGS & BIDS 122908 - Greenwood/Gunderson on that proof of publication of notice of public hearing on Purchasing Seven Outdoor Public Warning Sirens, TRF -127-06, as published in the Waterloo Courier on January 23, 2006, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 122909 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Gunderson that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 122910 Getty/Gunderson that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Purchasing Seven Outdoor Public Warning Sirens, TRF -127-06", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-63. 122911 - Greenwood/Gunderson that "Resolution authorizing to proceed in conjunction with above project", adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-64. • • be February 6, 2006 Hearings & Bids continued 122912 - Greenwood/Gunderson Page 3 to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review. Bidder Bid Bond Base Bid Amount DANKO Emergency Equipment, Snyder, NB 5% $57,831.10 Radio Communications, Waterloo, IA 5% $57,565.55 Radio Communications, Cedar Rapids, IA 5% $67,349.48 Fessler's Inc., North Liberty, IA $3,500.00 $68,850.00 Global Technical Systems Inc., Jacksonville, IL 5% $54,313.00 Ayes: Six. Absent: Kincaid. Motion carried. HEARINGS 122913 Gunderson/Schmitt that proof of publication of notice of public hearing on three-year agreement with Lee Rottinghaus to lease approximately 11.01 aces of property generally located along Bishop Avenue for $990.00 per year, as published in the Waterloo Courier on January 24, 2006, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 122914 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Gunderson that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 122915 - Gunderson/Greenwood that "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-65. UNFINISHED BUSINESS 122916 - Greenwood/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $2,941,433.77 to Flynn Company, Inc. of Dubuque, Iowa in conjunction with F.Y. 2006 U.S. 20/Ansborough Avenue Interchange Project, Contract No. 667, STP -U-8155(616)-70-07, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Abstain: Cole because she is employed by VGM. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-66. PETITIONS FROM PUBLIC 122917 - Welper/Cole that communication from City Planner transmitting development agreement with Heartland Habitat for Humanity to purchase for $1.00 city -owned property generally located at the corner of Thompson Avenue and Mulberry Street to build a new single-family home at an estimated value of $90,000.00, be received, placed on file and "Resolution setting date of hearing as February 20, 2006, 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-67. February 6, 2006 Page 4 Petitions from Public continued 122918 - Gunderson/Welper that communication from Senior Planner transmitting request of Advanced Building for a minor Site Plan Amendment to the "R -3,R -P" Planned Residence District for the development of six two -unit condos in Crossroads Estates Replat No. 2 generally located off Mockingbird Lane just east of Hummingbird Circle, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-68. 122919 - Gunderson/Welper that communication from Senior Planner transmitting request of Fairbanks Builders for a minor Site Plan amendment to the "R -3,R -P" Planned Residence District for the development of two Replat No. 2 generally located off Drive, be received, placed on file plan amendment", be adopted. Ayes: single family homes in Crossroads Estates Hummingbird Circle just north of Southtown and "Resolution approving said minor site Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-69. 122920 - Welper/Schmitt that communication from City Planner transmitting request of Whitaker Foods to vacate, sell and convey for $5,000.00 a portion of Gayle Street generally located between Joy Drive and Rainbow Drive, be received, placed on file and "Resolution setting date of hearing as February 20, 2006, 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-70. 122921 - Gunderson/Schmitt that communication from City Planner transmitting request of Modern Builders on behalf of Con-Trol for a site plan amendment to the "M -2,P" Planned Industrial District for the construction of a new 50,000 - 70,000 sq. ft. Con-Trol industrial warehousing building in the Northeast Industrial Park, just south of the Gray Transportation site, be received, placed on file and "Resolution setting date of hearing as February 20, 2006, 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-71. 122922 - Greenwood/Welper that communication from City Planner transmitting development agreement with Crystal Distribution Services, Inc. for expansion of an additional 60,000 sq. ft. industrial warehousing building at 1656 Sycamore Street, just northerly of the new 18th Street Bridge, with an additional minimum taxable value of $3,000,000.00, tax rebatements for 10 years at 50 percent of the added value, and the city purchasing land at a cost of $375,000.00 and conveying title to the land to Crystal, be received, placed on file and "Resolution setting date of hearing as February 27, 2006, 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated he thinks it is great Crystal Distribution Services, Inc. is moving ahead with some of the property down there. Councilperson Getty stated that as part of the development agreement there is $375,000.00 of city money that we are going use to buy this piece of property and convey to Crystal, then we have tear down the building, and drill down and see if the ground is contaminated around the building. Councilperson Getty stated the city, according to the contract, should complete its demolition by December 31, 2007, but Crystal doesn't have to build or have the building completed until 2010, which is 4 % years the city is going to invest $375,000.00, plus. Councilperson Getty stated it seems too long a contract to let set there for 4 % years before they have to have the building completed. • • February 6, 2006 • • Page 5 Petitions from Public continued Don Temeyer, Community Planning and Development Director, stated the city does not want the money back if Crystal does not proceed with the project. Technically, in the Northeast Industrial Park where we give them Greenfield Land that has no contamination on it and it is easy to build on, they just have to give the land back to the city. That is why these dates are reversed from what we normally would have in the agreement. The city expects it to be much quicker and that they will proceed. If Crystal doesn't complete it by that date, they will have to pay the city for the land and for the demolition, but technically Crystal could wait until that date to start building on it. Mayor Hurley commented that Councilperson Getty has a good point, but this is an area where it is tough to get something going, and this is our best foot forward. Councilperson Getty stated he just feels in future contracts the city should be able to tighten it up and have it done quicker. Mayor Hurley commented that it is reasonable to hope that Crystal will proceed faster than what the time table allows. Councilperson Welper asked if the money the city is using to purchase this land comes from a grant. Mr. Temeyer stated the city has applied for a partial grant with Iowa Brownfields for $250,000.00, and the city hopes to hear about that in March, but we are obligating the city because if the grant is not approved the city would have to use its own money and proceed with this project because the Tax Increment is very beneficial to the city and will pay for the project. Mr. Temeyer stated the city does not have to pay Ben Stroh until May so we should have that all taken care of by then. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-72. DOCUMENTS 122923 - Schmitt/Cole that communication from Senior Planner transmitting request of Beverly A. Burton for tax exemptions totaling $100,509.00 for 324 Bates Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated the CURA and the things that go encouragement for older neighborhoods and depressed areas works. Mayor Hurley noted of the nine applications, seven in an area that might not otherwise get them and the structures. Following comments a vote was taken on the above motion, result. Ayes: Six. Absent: Kincaid. with it, and the in any city, this are brand new homes other two are new with the following Resolution adopted and upon approval by Mayor assigned No. 2006-73. 122924 - Schmitt/Cole that communication from Senior Planner transmitting request of Felisha D. Epps for tax exemptions totaling $118,837.00 for 335 Bates Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-74. 122925 - Schmitt/Cole that communication from Senior Planner transmitting request of Burg Investments LLC for tax exemptions totaling $300,000.00 for 514-522 Dundee Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-75. February 6, 2006 Documents continued 122926 - Schmitt/Cole Page 6 that communication from Senior Planner transmitting request of Brian Freed for tax exemptions totaling $31,344.00 for 517 Rock Island Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-76. 122927 - Schmitt/Cole that communication from Senior Planner transmitting request of Amy Vondracek for tax exemptions totaling $7,000.00 for 146 Thomas Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-77. 122928 Schmitt/Cole that communication from Senior Planner transmitting request of Chris Abbas for tax exemptions totaling $210,000.00 for 1728 Dearborn Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-78. 122929 - Schmitt/Cole that communication from Senior Planner transmitting request of Chantay Glover for tax exemptions totaling $102,679.00 for 326 Halstead Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-79. 122930 - Schmitt/Cole that communication from Senior Planner transmitting request of Chelea Walker for tax exemptions totaling $122,835.00 for 218 Halstead Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-80. 122931 Schmitt/Cole that communication from Senior Planner transmitting request of Charlyn Alexander for tax exemptions totaling $104,403.00 for 212 Halstead Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-81. 122932 - Getty/Cole that Letter of Agreement with Eagle Ottawa LLC for payment of $66,500.00 for payment in arrears, rate increases and $130,000.00 for capital costs reimbursement for the corrosion control project, be received, placed on file and "Resolution approving said letter of agreement", be adopted and Mayor and City Clerk authorized to execute same. • • February 6, 2006 Documents continued Prior to a vote on the above motion, the following comments were heard. • • Page 7 Mayor Hurley commented that this has been in discussion for some time, and he extended his compliment to the City Attorney for finding a middle ground. Mayor Hurley stated the city has had a great relationship with Eagle Ottawa, they are a very good corporate citizen, they had their points and we had ours and we came to a good end. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-82. 122933 - Gunderson/Welper that communication from Airport Director transmitting engineering agreement with Earth Tech of Waterloo, Iowa at a cost of $288,600.00 for design and construction services for Runway 12/30 Rehabilitation Project, be received, placed on file and "Resolution approving said engineering 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. Brad Hagen, Airport Director, reported the airport bids for engineering services every five years. This was put up for bid and Earth Tech was hired on a five year contract two or three years ago. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-83. 122934 - Cole/Schmitt that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $129,435.00 from Sumner's Enterprise of Masonville, Iowa in conjunction with F.Y. 2006 Rath Brownfields Area Demolition, Contract No. 708, be received, placed on file and "Resolution approving said documents", 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 Getty pointed out that with the expenses on this item and Item No. 24, plus the $375,000.00, the city will have over one-half million dollars tied up to buy the building from the gentleman that owns the property down at Rath, which is an awful lot of money. Don Temeyer, Community Planning and Development, reported that this item is a different project paid for with the EDA grant. Mayor Hurley commented that it is a lot of money tied up with a lot of good expectations. Following comments a vote was taken on the above motion with the following comments. Ayes: Five. Nays: Getty. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-84. 122935 Cole/Schmitt that communication from Assistant City Engineer transmitting acceptance of Plat Improvements for Anderson's First Addition (Mirage Ridge Extension With Furniture Row Project), be received, placed on file and "Resolution approving said improvements", be adopted and two-year maintenance bond from Weichers Construction Inc. of Cedar Falls, Iowa be received and placed on file. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-85. February 6, 2006 Documents continued Page 8 122936 Cole/Schmitt that communication from Community Planning & Development Director transmitting agreement with Howard R. Green Consulting at a cost of $12,200.00 to perform a Limited Phase II Environmental Assessment for property located at 93 - 97 Vinton Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Nays: Getty. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-86. 122937 - Cole/Schmitt that communication from City Planner transmitting agreement with Willard Frost to lease approximately 50 acres of land generally located west of the Northeast Industrial Park at a cost of $90.00 per acre to use for farming purposes, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-87. 122938 - Welper/Gunderson that communication from City Planner transmitting Real Estate Purchase Agreement with Skyview L.C. to purchase at a cost of $375,000.00 the former Rath Maintenance and Cooper Buildings, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Nays: Getty. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-88. 122939 - Getty/Cole that communication from Fire Chief transmitting 28E Agreement with East Waterloo Township to provide fire protection and ambulance services, 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. Ned DeBerg, Chief of Waterloo Fire Rescue, reported these are annual 28E Agreements, and for the past few years the city has been adjusting the price 5 percent on each township each year. Two years ago, the city increased Elk Run Heights about 25 percent. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-89. 122940 - Getty/Cole that communication from Fire Chief transmitting 28E Agreement with Cedar Township to provide fire protection and ambulance services, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-90. 122941 - Getty/Cole that communication from Fire Chief transmitting 28E Agreement with the City of Elk Run Heights to provide fire protection and ambulance services, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent:' Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-91. 122942 - Gunderson/Schmitt that communication from Police Chief transmitting application with Iowa Department of Justice Attorney General's Office, Crime Victim Assistance Division for a grant in the amount of $81,206.46, with required local match of $20,301.62, to be used to fund the Domestic Abuse Response Team (DART) Program, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-92. • February 6, 2006 Documents continued 122943 - Schmitt/Cole • • Page 9 that communication from Director of Cultural & Arts Commission transmitting Change Order No. 3 for a net increase up to a maximum $24,000.00 for work to be performed by Cardinal Construction of Waterloo, Iowa in conjunction with Youth Pavilion - Center For The Arts, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson asked if engineering was done on this project before we started that might have brought this to engineer's attention. Roland Ganter, representing InVision Architects, stated no additional soil borings were done, but there were soil borings existing that were real close by and those were included in the specifications before the contractor bid on them. Provisions were also made in the bid document because these soil conditions are often not foreseen. As they excavate the engineer will do tests and make the final determination as to whether the soil will carry the footings. Mr. Ganter stated unfortunately in this case we were unlucky. A unit cost was put in the contract of $25.00 per yard of over excavation in case it might become necessary. Mr. Ganter stated this is up to a maximum of $24,000.00 and hopefully the city won't have to spend all that money. The way the final amount will be determined is by the contractor documenting how much extra soil will have to be taken out and then multiplying that by the fixed amount of $25.000 per square yard. Mr. Ganter stated the soil is unsuitable, it doesn't carry the footings, so both need to be taken out and the putting back is a fixed price per square yard, so all we need them to document is exactly how many square yards they take out and multiply that by $25.00 to determine the final amount Councilperson Gunderson asked if this will cover the whole building or will there be more cost later because of engineering problems. Mr. Ganter responded the estimate by the contractor of how much it will be was between $19,000.00 and $24,000.00. Mr. Ganter stated the problem is that the southeast part has not been excavated yet so they are not 100 percent sure what will be found down there. This expense is for all the area which does not have a basement under it, and that is the area most likely where the soil is not good and all that area would be covered by this amount. Councilperson Gunderson stated we have engineers that look at this, and he would think this would have been brought up at the time when we were doing the bidding which would have been built into the bid so that we don't have more increases as we keep going into this project. Councilperson Gunderson asked how much more will the city be paying to get this building up. Mayor Hurley stated he thinks there were soil analysis that were nearby and when you are quoting a bid you are hoping those are in close enough proximity they represent the soil beneath you. Mayor Hurley stated that the funds we are talking about are part of the contingency that was built into the project. Councilperson Welper asked if the reason for not taking the soil borings was to save some money. Mr. Ganter responded yes because soil tests cost money and even if you do soil tests you can't put in enough to cover the whole area or if you do that is an additional expense that might not be justified. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Motion carried. NEW BUSINESS 122944 - Cole/Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $3,350.00 for work performed by the Water Works at 444 Reber Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-93. 122945 - Getty/Cole to instruct Leisure Services Director to prepare specifications, bid documents, etc. in conjunction with Byrnes Park Playground Equipment, be received, placed on file and approved. Ayes: Six. Absent: Kincaid. Motion carried. February 6, 2006 New Business continued Page 10 122946 - Getty/Schmitt that specifications, bid documents, etc. in conjunction with Byrnes Park Playground Equipment, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 122947 - Getty/Cole that "Resolution preliminarily approving specifications, bid documents, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-94. 122948 - Getty/Cole that "Resolution setting date of hearing on specifications, bid documents, etc. as March 6, 2006 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-95. 122949 - Getty/Cole to instruct Leisure Services Director to prepare specifications, bid documents, etc. in conjunction with Cedar Terrace Park Playground Equipment, be received, placed on file and approved. Ayes: Six. Absent: Kincaid. Motion carried. 122950 - Getty/Schmitt that specifications, bid documents, etc. in conjunction with Cedar Terrace Park Playground Equipment, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 122951 - Getty/Cole that "Resolution preliminarily approving specifications, bid documents, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-96. 122952 - Getty/Cole that "Resolution setting date of hearing on specifications, bid documents, etc. as March 6, 2006 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-97. 122953 Schmitt/Welper to instruct Leisure Services Director to prepare specifications, bid documents, etc. in conjunction with Purchase of One John Deere 1565 Commercial Front. Mower with Snow Blower, JoDale-Perry Cab and 60 Inch Front Blade Installed, be received, placed on file and approved. Ayes: Six. Absent: Kincaid. Motion carried. 122954 - Schmitt/Getty that specifications, bid documents, etc. in conjunction with Purchase of One John Deere 1565 Commercial Front Mower with Snow Blower, JoDale-Perry Cab and 60 Inch Front Blade Installed, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 122955 - Schmitt/Cole that "Resolution preliminarily approving specifications, bid documents, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-98. • • February 6, 2006 • • New Business continued 122956 - Schmitt/Getty Page 11 that "Resolution setting date of hearing on specifications, bid documents, etc. as February 27, 2006 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-99. 122957 - Schmitt/Welper to instruct Leisure Services Director to prepare specifications, bid documents, etc. in conjunction with Purchase of Two Four -Wheel Drive Truck Chassis with Service Box Installed, be received, placed on file and approved. Ayes: Six. Absent: Kincaid. Motion carried. 122958 - Schmitt/Getty that specifications, bid documents, etc. in conjunction with Purchase of Two Four -Wheel Drive Truck Chassis with Service Box Installed, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 122959 - Schmitt/Cole that "Resolution preliminarily approving specifications, bid documents, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-100. 122960 - Schmitt/Getty that "Resolution setting date of hearing on specifications, bid documents, etc. as February 27, 2006 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-101. 122961 - Schmitt/Welper to instruct Leisure Services Director to prepare specifications, bid documents, etc. in conjunction with Purchase of One Four -Wheel Drive Truck Chassis with Dump Box and Snow Plow Installed, be received, placed on file and approved. Ayes: Six. Absent: Kincaid. Motion carried. 122962 - Schmitt/Getty that specifications, bid documents, etc. in conjunction with Purchase of One Four -Wheel Drive Truck Chassis with Dump Box and Snow Plow Installed, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 122963 - Schmitt/Cole that "Resolution preliminarily approving specifications, bid documents, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-102. 122964 - Schmitt/Getty that "Resolution setting date of hearing on specifications, bid documents, etc. as February 27, 2006 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-103. February 6, 2006 ORAL PRESENTATIONS 122965 - Kenneth Hinders, 5236 Weider Road, stated he was before the council a year ago about a bridge the city put in by Shaulis Road, and Mayor Hurley told him at the time he would get with him in a couple of days and its been over a year ago. Mr. Hinders commented he has called the mayor's office a couple of times and did not receive a call back. Mr. Hinders distributed pictures. Mr. Hinders stated there is a 24' x 6'%z' bridge the city put in, and down below him there are two 36" culverts that take the water out. Mr. Hinders stated anybody with a little common sense knows that two 36" culverts are not going to take out water that is 6'7' x 24'. Mr. Hinders stated he never had water in his basement before, it ruined his basement at the time, and the last time it hit he came before the council and nobody has done anything. Mr. Hinders stated part of the problem is his property is in the county. Mr. Hinders asked how could you put in two huge 634' x 12' sections for a total of 6W x 24' and to add insults to injuries, Nichols has put in a 3%' or 4' dike about 175 feet north of the bridge, and he must have gotten a permit from the city. Page 12 Mayor Hurley stated he did get Mr. Hinders' call last week, met with the City Engineer to ask for some background information and has all the data, but he was unable to get with Mr. Hinders. Mayor Hurley stated he will call Mr. Hinders tomorrow or Wednesday. Mayor Hurley asked Mr. Hinders when the work on Shaulis was done, and Mr. Hinders responded he thinks it was 1995. Mr. Hinders stated he talked to the county engineer, and if the city would furnish the culverts he could run a backhoe and put them in for the guy below him and then he wouldn't have anymore problems. Mr. Hinders stated when it fills up, it takes around 56 hours to empty down to where it comes back out of his basement again. Mayor Hurley stated he thinks it was 1985 when the city did the culvert on Shaulis, and he thinks the water might come in faster but the volume over a rain event will not change, and he feels the problem is downstream with the county. Mr. Hinders stated when there were just two 36" culverts on Shaulis he did not have any problem, water did not come anywhere near his place, but as soon as the bridge was put in the water just can't get out. Eric Thorson, City Engineer, stated there was a wooden bridge that was 20 feet wide and 5 to 6 feet in depth. Mr. Hinders stated nine or ten months ago he was going to purchase a firearm and called in to run a NCIC check on the gun because he was suspicious of it, but the Waterloo Police refused to run it and he wants to know why. Mr. Hinders stated he doesn't think this is right. Mayor Hurley stated he will talk to the Police Chief. Councilperson Gunderson asked if Mr. Hinders called the Black Hawk County Sheriff's office, and Mr. Hinders responded they won't run them either. Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. ADJOURNMENT 122966 - Schmitt/Cole that the Council adjourn at 6:35 p.m. Ayes: Six. Absent:. Kincaid. Motion carried. Nancy Eckert, CMC City Clerk • •