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HomeMy WebLinkAboutMinutes-02/13/2006February 13, 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 13, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: 122967 - Schmitt/Kincaid Tim Shea, Superintendent of Waste Management Services. that the Agenda, as amended to delete Item No. 11, for the Regular Session on Monday, February 13, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 122968 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, February 6, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 122969 - Schmitt/Cole 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. 1-118, dated February 13, 2006, in the amount of $858,736.40, 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. 2006-104. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of the following to the Airport Board: Ed McCann and Tom Schellhardt, with term expiration date of January 14, 2009; appointment of Jim Christenen, with term expiration date of January 14, 2009. 2. Rudy Jones, Community Development Director, to attend Cedar Valley Coalition meetings in Washington, DC on March 26-29, 2006, with costs not to exceed $1,700.00. 3. Doug Erpelding, Plan Review Specialist, Cedar Rapids, Iowa on April 25-27, 2006, including use of city vehicle. 4. Doug Erpelding, Plan Review Specialist, Seminar in Des Moines, Iowa on May 18, $130.00, including use of city vehicle. to attend three Code Seminars in with costs not to exceed $350.00, to attend Building Accessibility 2006, with costs not to exceed 5. Doug Dahlhauser, Firefighter, to attend Effective Public Education Programming in Emmetsburg, Maryland on February 18-25, 2006, with costs not to exceed $120.30. 6. Todd Derifield, City Forester, to attend Midwestern Chapter of International Society of Arboriculture Annual Conference in Bismarck, North Dakota on February 20-23, 2006, with costs not to exceed $697.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/07) (Includes Sunday Sales) Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (Renewal) (Expires 3/11/07) (Includes Sunday Sales) Caffe Bar Piramida, 712 Jefferson Street (Renewal) (Expires 2/18/07) (Includes Sunday Sales) Beck's Pub & Grille, 3295 University Avenue (Renewal) (Expires 3/24/07) (Includes Sunday Sales and Brew Pub Privilege) February 13, 2006 Consent Agenda continued d. Liquor License Permit Application Class E Hometown Foods, 1010 E. Mitchell Avenue Sunday Sales) e. Wine License Permit Application Class B Hometown Foods, 1010 E. Mitchell Avenue Sunday Sales) f Beer License Permit Application Class C Hometown Foods, 1010 E. Mitchell Avenue Sunday Sales) Page 2 (Renewal) (Expires 3/9/07) (Includes (Renewal) (Expires 3/9/07) (Includes (Renewal) (Expires 3/9/07) (Includes g. Outdoor Service Area Application Lone Star Steakhouse & Saloon, 4045 Hammond Avenue h. Bonds Ayes: Seven. Motion carried. HEARINGS & BIDS 122970 - Getty/Cole that proof of publication of notice of public hearing on Brownfields Street Reconstruction Program, Contract No. 686, as Waterloo Courier on January 27, 2006, be received and placed Seven. Motion carried. 122971 - This being the time and place of public hearing, the and oral objections and there were none. Schmitt/Kincaid that the hearing be closed. Ayes: Seven. 122972 - Getty/Gunderson that "Resolution confirming etc. in conjunction with Program, Contract No. 686", F.Y. 2005 Rath published in the on file. Ayes: Mayor called for written Motion carried. approval of plans, specifications, form of contract, F.Y. 2005 Rath Brownfields Street Reconstruction be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-105. 122973 - Getty/Cole that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-106. 122974 - Getty/Schmitt to receive, file and instruct Engineer for review: City Clerk to open and read bids and refer to City Bidder Aspro, Inc. & Subsidiaries, Waterloo, IA Peterson Contractors, Inc., Reinbeck, IA Ayes: Seven. Motion carried. Bid Bond 5% 5% Base + Alt A $2,102,858.48 $2,176,751.85 Base + Alt B No Bid No Bid Eric Thorson, City Engineer, reported that Alternate A is asphalt with curb and gutter and Alternate B is all concrete between curb and gutter. The base bid includes all items that are the same such as sewer. • • 1 February 13, 2006 UNFINISHED BUSINESS 122975 - Gunderson/Schmitt Page 3 that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of $57,565.55 to Radio Communications of Waterloo, Iowa in conjunction with Purchasing 7 Outdoor Public Warning Sirens, TRF -127-06, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-107. PETITIONS FROM PUBLIC 122976 - Schmitt/Cole that communication from Senior Planner transmitting request of Joel Harris for a determination of similar use to allow a professional cleaning service in an "R- 4" Multiple Residence District at 432 Locust Street, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-108. REPORTS 122977 - Greenwood/Schmitt that communication from City Engineer transmitting request to remove Cedar Street from this year's street reconstruction contract and add Cedar Bend Street, Kimball Avenue, Westfield Avenue, W. San Marnan Drive and University Avenue Frontage Road from S. Hackett Road to approximately 500 west to the 2006 Asphalt Overlay Program, Contract No. 706, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, stated that last year's letter suggested that other streets would be included if there were a fund balance. A bad winter is hard on streets such as Kimball Avenue, which is being added to the project. In addition, the City Engineer is proposing to include the frontage road on University Avenue. Mr. Thorson noted that some of the added streets weren't even included in the city's 5 year plan. Mr. Thorson noted that adding these streets will help the Street Department because of the potholes on the heavily traveled streets. Mayor Hurley noted that Cedar Street is being removed because of the difficulties with parking and some property issues. It is hoped something will be worked out that is a win/win situation for everyone. Councilperson Gunderson asked if eastbound Kimball Avenue could be added. Mr. Thorson responded that doing westbound Kimball Avenue should help with noise reduction, and that the other lane was overlaid not too long ago and we should get life out of that. 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. 2006-109. DOCUMENTS 122978 - Welper/Gunderson that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $2,941,433.77 with Flynn Company of Dubuque, Iowa in conjunction with F.Y. 2006 U.S. Highway 20/Ansborough Avenue Interchange, Contract No. 667, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Abstain: Cole because she is employed by VGM. Resolution adopted and upon approval by Mayor assigned No. 2006-110. February 13, 2006 Documents continued 122979 - Schmitt/Welper Page 4 that communication from Senior Planner transmitting request of JSA Development LLC for tax exemptions totaling $117,880.00 for 324 East 4th Street 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-111. 122980 - Schmitt/Welper that communication from Senior Planner transmitting request of Scott Jordan for tax exemptions totaling $87,006.00 for Urban Revitalization Area, together received, placed on file and "Resolution City Clerk instructed to notify Black Seven. 619 Johnson Street in the Consolidated with recommendation of approval, be approving said request", be adopted and Hawk County Assessor of same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2006-112. 122981 - Kincaid/Schmitt that communication from Director invoice No. 2 in the amount of design services for exhibits for Pavilion, be received, placed on be adopted and Mayor authorized to of Cultural & Arts Commission transmitting $25,000.00 for InterActive Group to continue Junior Art Galleries I and II in the Youth file and "Resolution approving said invoice", execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-113. 122982 - Gunderson/Schmitt that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of $26,228.00 for work performed by Kidder Construction Inc. of Waterloo, Iowa in conjunction with Police Locker Room Remodel, be received, placed on file and approved. Ayes: Seven. Motion carried. NEW BUSINESS 122983 - Getty/Cole that communication from Community Planning & Development Director transmitting lease agreement with International Wrestling Institute and Museum, Inc. for use of 303 Jefferson Street for a period of 50 years, 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 agreement", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-114. 122984 Cole/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 Sidewalk Repair Program - Zone 6 and Trail Repairs, Contract No. 710, be received, placed on file and approved. Ayes: Seven. Motion carried. 122985 - Cole/Schmitt that plans, specifications, Sidewalk Repair Program - received and placed on file. 122986 - Cole/Schmitt form of contract, etc. in conjunction with F.Y. 2006 Zone 6 and Trail Repairs, Contract No. 710, be Ayes: Seven. Motion carried. 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. 2006-115. 1 • February 13, 2006 Page 5 New Business continued 122987 - Cole/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 6, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking 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. 2006-116. 122988 - Getty/Schmitt that the council adjourn to Executive Session at 5:56 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of settlement of lawsuit filed by Thomas Glidewell is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2005) and Labor negotiation strategy is an approved topic of Executive Session pursuant to Iowa Code Section 20.17(3)(2005). EXECUTIVE SESSION 122989 - Schmitt/Kincaid that the council adjourn Executive Session at 6:47 p.m. Ayes: Seven. Motion carried. 122990 - Schmitt/Kincaid that the attorney be authorized to proceed with the lawsuit settlement agreement with Thomas Glidewell. Ayes: Seven. Motion carried. 122991 - Schmitt/Kincaid that staff be authorized to proceed with tentative bargaining agreements, as proposed. Ayes: Four. Nays: Greenwood, Getty, Cole. Motion carried. ADJOURNMENT 122992 - Schmitt/Kincaid that the Council adjourn at 6:49 p.m. Ayes: Seven. Motion carried. t Nancy Eckert, CMC City Clerk