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HomeMy WebLinkAboutMinutes-05/22/2006May 22, 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, May 22, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Getty, Cole, Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Robert Stringer, Human Resources Director. 123530 - Schmitt/Kincaid that the Agenda, as amended to add Item 23a and a fireworks display, for the Regular Session on Monday, May 22, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 123531 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on at 5:30 p.m., be accepted and approved. Motion carried. Mayor Hurley read a Proclamation Street Cruise Day. CONSENT AGENDA 123532 - Schmitt/Kincaid Monday, May 15, 2006, Ayes: Six. Absent: Greenwood. declaring May 27, 2006 as Cool 105.7 Fourth that the following items on the consent agenda be approved: a. Resolutions to approve the following: 1. received, placed on file and Resolution approving Schedule AP640, pp. 1-74, dated May 22, 2006, in the amount of $10,680,516.65, 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. 2006-423. 2. Communication from City Engineer transmitting request of David J. Amend for a waiver for a concrete driveway to be located at 277 Derbyshire Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-424. 3. Communication from City Clerk transmitting request of Pastor Dave Van Netten of Grace Reformed Church for a variance to the Noise Ordinance on June 11, 2006 and August 13, 2006 from 8:00 a.m. to 12:00 noon in conjunction with outdoor worship services at Byrnes Park, including a live band and PA system, together with recommendation of approval of Police Chief for 80 dBA. Resolution adopted and upon approval by Mayor assigned No. 2006-425. 4. Communication from City Clerk transmitting request of Michael and Colette Shull for a variance to the Noise Ordinance on June 3, 2006 from 5:00 p.m. to 10:00 p.m. in conjunction with a backyard graduation party at 81 Lafayette Street, including a karaoke system, together with recommendation of approval of Police Chief for 80 dBA. Resolution adopted and upon approval by Mayor assigned No. 2006-426. 5. Communication from Police Chief transmitting request of Iowa Missionary Educational Baptist State Convention to hold a parade on June 12, 2006 at 5:30 p.m., with route to travel along East 4th Street from Donald to Sumner, down Sumner to Jackson Street with the parade ending at the Union Missionary Baptist Church. Resolution adopted and upon approval by Mayor assigned No. 2006-427. May 22, 2006 Page 2 Consent Agenda continued 6 Communication from Police Chief transmitting request of Executive Director of My Waterloo Days to hold My Waterloo Days Summer in the City event from June 1-4,2006, including People in the Park, Dancin' Downtown, Fireworks Extravaganza, Fun Run, Children's Bike Race and Parade with route beginning on 4th Street and Jefferson Street to Mulberry Street, down 5th Street to Bluff Street. Resolution adopted and upon approval by Mayor assigned No. 2006-428. b. Motion -to approve the following: 1. Mark Meyer, Police Sergeant; and Jim Schmidt, Police Officer; to attend Remington Armorer School in Montezuma, Iowa on June 14-16, 2006, with costs not to exceed $1,249.78, including use of city vehicle. c. d. 2. Mark Boesen, Manager of Rehabilitation Services, to attend Nan McKay & Associates Seminar for Section 8/HCV Housing Quality Standards Training and Exam Certification in Cedar Rapids, Iowa on June 13-15, 2006, with costs not to exceed $1,010.00, including use of city vehicle. 3. Mark Boesen, Manager of Rehabilitation Services, to attend Lead Abatement Contractor Course in Marshalltown, Iowa on June 19-23, 2006, with costs not to exceed $340.00, including use of city vehicle. 4. Michelle Weidner, Chief Financial Officer, to attend 2006 Iowa Governmental Roundtable in West Des Moines, Iowa on May 19, 2006, with costs not to exceed $270.00, including use of city vehicle. 5. Jeff Tyler and Andrea Homicide Investigation 2006, with costs not to Fana, Police Investigators, to attend Practical Seminar in Bloomington, Minnesota on June 18-21, exceed $1,855.60, including use of city vehicle. 6. Aaron McClelland, Police Officer, to attend Taser Instructor School in Johnston, Iowa on June 20-21, 2006, with costs not to exceed $352.00, including use of city vehicle. 7. Nancy Eckert, City Clerk, to attend Iowa Municipal Clerk's Academy in Ames, Iowa on July 19-21, 2006, with costs not to exceed $435.00. 8. Human Rights Commission members and staff to attend National Fair Housing Policy Conference in Anaheim, California on June 26-30, 2006, with costs not to exceed $9,650.26. Beer/Wine License Special Class C Gary's Restaurant Beer/Liquor Class C Buzzs Bar, Sales) Permit Application & Catering, 2820 Falls Avenue License Permit Application 1016 Maynard Avenue (Renewal) (Renewal) (Expires 6/14/07) (Expires 5/27/07) (Includes Sunday e. Liquor License Permit Application Class E CVS Pharmacy, 2060 Crossroads (New) (Expires 6/1/07) (Includes Sunday Sales) CVS Pharmacy, 2068 Logan Avenue (New) (Expires 6/1/07) (Includes Sunday Sales) g. Beer License Permit Application Class C CVS Pharmacy, 2060 Crossroads (New) (Expires 6/1/07) (Includes Sunday Sales) CVS Pharmacy, 2068 Logan Avenue (New) (Expires 6/1/07) (Includes Sunday Sales) Wine License Class B CVS Pharmacy, CVS Pharmacy Sales) Permit Application 2060 Crossroads (New) (Expires 6/1/07) (Includes Sunday Sales) , 2068 Logan Avenue (New) (Expires 6/1/07) (Includes Sunday • • May 22, 2006 Page 3 Consent Agenda continued h. Beer License Permit Application Class B My Waterloo Days, 100 E. Park Avenue (5 days -6/1/06 - 6/5/06) My Waterloo Days, 100 W. 4th Street (5 days -6/1/06 - 0 6/5/06) My Waterloo Days, 519 Mulberry Street (5 days -6/1/06 - 6/5/06) (Includes Sunday Sales) My Waterloo Days, 1000 Fletcher (Transfer License from 519 Mulberry Street for 6/3/06 - 6/4/06) Waterloo Fireworks Festival, 100 block W. 4th Street (5 days -7/1/06 - 7/5/06) (Includes Sunday Sales) Waterloo Fireworks Festival, 100 block E. 4th Street (5 days -7/1/06 - 7/5/06) (Includes Sunday Sales) i. Liquor License Permit Application Class B Times Lounge, 226 W. 5th Street (New) (Expires 5/23/07) (Includes Sunday Sales) j• Outdoor Service Area Application Buzzs Bar, 1016 Maynard Avenue My Waterloo Days, 100 E. Park Avenue My Waterloo Days, 100 W. 4th Street My Waterloo, Days, 519 Mulberry Street My Waterloo, Days, 1000 Fletcher Avenue Waterloo Fireworks Festival, 100 block W. Waterloo Fireworks Festival, 100 block E. 4th 4th Street Street k. Fireworks Display Application Van G. Miller & Associates, 1111 W. San Marnan Drive, on June 12, 2006 Kenneth Gebert, 2205 Katoski Drive, on May 28, 2006 1. Bonds. Ayes: Six, with Councilperson Cole abstaining on fireworks display for Van G. Miller & Associates. Absent: Greenwood. Motion carried. 123533 - Welper/Gunderson that communication from Senior Planner transmitting request of David Heideman to dedicate public street right of way for existing private Belle Street, an extension of existing public Belle Street generally located west of Ruby Drive, together with recommendation of denial of the Planning, Programming and Zoning Commission, be tabled indefinitely. Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS & BIDS 123534 - Getty/Kincaid that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Mechanical Upgrade, Phase II, as published in the Waterloo Courier on May 2, 2006, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 123535 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 123536 - Getty/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Five Sullivan Brothers Convention Center Mechanical Upgrade, Phase II", be adopted. Ayes: Five. Nays: Gunderson. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-429. May 22, 2006 Hearings & Bids continued 123537 - Getty/Cole Page 4 that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Five. Nays: Gunderson. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-430. 123538 - Getty/Cole to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review:. Bidder Bid Bond Bid Amount Johnson Controls, Inc. 5W $275,951.00 Control Installation of Iowa, Inc. 5% $436,600.00 Ayes: Five. Nays: Gunderson. Absent: Greenwood. Motion carried. HEARINGS 123539 - Schmitt/Kincaid that proof of publication of notice of public hearing on FYE2006 Budget Amendment, as published in the Waterloo Courier on May 11, 2006, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 123540 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Getty that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 123541 - Schmitt/Cole that "Resolution approving said budget amendment", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-431. Councilperson Getty now absent at 5:47 p.m. 123542 - Michelle Weidner, Chief Financial Officer, reported the city is issuing bonds this year for a large variety of projects, and Iowa State Law has very specific provisions about the procedures the council must follow in order to approve selling those bonds. One type of bond that can be sold is called for an Essential Corporate Purpose, and .those are for activities and projects that the State Legislature has determined are essential to conduct city operations, for things such as streets, police and fire, those kinds of activities. For citizens to object to those, their options are a little more limited. For all the other hearings that are considered a General Corporate Purpose, including the Urban Renewal Projects, the requirements that must be observed in order for the city to sell those bonds are little more strict. Citizens would have had an opportunity, had those chosen to file a petition, to require the city to have a public referendum and vote on those bonds. That action would have had to be filed by today. Ms. Weidner noted the types of projects in the other hearings are things such as improvements to general city facilities and improvements in the Urban Renewal Districts. Cole/Schmitt that proof of publication of notice of public hearing on issuance of not to exceed $4,155,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; improvement and repair of bridges; acquisition, construction and installation of storm sewer and sanitary sewer improvements; acquisition of vehicles and capital equipment for the Police, Fire Rescue and Street Departments; acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings; rehabilitation and improvement of city parks and acquisition, repair and replacement of facilities, equipment and improvements in city parks, including bikeway development, tennis court improvements and mowing equipment; • • May 22, 2006 Hearings continued acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including traffic signal and street light improvements; and acquisition and improving of the automated GIS/GPS mapping system, as published in the Waterloo Courier on May 10, 2006, be received and placed on file. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123543 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Page 5 Schmitt/Kincaid that the hearing be closed. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123544 - Cole/Gunderson that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-432. 123545 - Cole/Gunderson that proof of publication of notice of public hearing on issuance of not to exceed $1,680,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities and the Urban Renewal Plans for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area and the Rath Tax Increment Redevelopment Area, including consulting fees and other planning expenses, property acquisitions and clearance for public and private development, and incentive payments relating to acquisition and private redevelopment of properties within such areas, as published in the Waterloo Courier on May 10, 2006, be received and placed on file. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123546 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Kincaid that the hearing be closed. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123547 - Cole/Gunderson that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Four. Abstain: Cole as an employee of VGM. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-433. 123548 - Cole/Schmitt that proof of publication of notice of public hearing on issuance of not to exceed $700,000.00 General Obligation Bonds for General Corporate Purposes to pay costs for reconstruction, remodeling, improvement and repairing of city buildings and facilities, including the Five Sullivan Brothers Convention Center, Young Arena, Youth Pavilion, Center for the Arts, the roofs of various city buildings and facilities, the Police Department, Fire Station, Street Department and Public Library, as published in the Waterloo Courier on May 10, 2006, be received and placed on file. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123549 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Kincaid that the hearing be closed. Ayes: Five. Absent: Greenwood, Getty. Motion carried. May 22, 2006 Hearings continued Page 6 123550 - Cole/Gunderson that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-434. 123551 - Cole/Schmitt that proof of publication of notice of public hearing on issuance of not to exceed $590,000.00 General Obligation Bonds for General Corporate Purposes to pay costs of reconstruction, remodeling, repair and improvement of city buildings and facilities, including downtown parking garages and the Central Garage facilities; acquisition of capital equipment and vehicles for various city departments and operations; and reconstruction and improvement of city golf courses, as published in the Waterloo Courier on May 10, 2006, be received and placed on file. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123552 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Kincaid that the hearing be closed. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123553 - Cole/Gunderson that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-435. 123554 - Cole/Schmitt that proof of publication of notice of public hearing exceed $475,000.00 General Obligation Bonds for General pay costs of reconstruction, renovation and improvement swimming pools and sports facilities; and improvements Arts, as published in the Waterloo Courier on May 10, placed on file. Ayes: Five. Absent: Greenwood, Getty. on issuance of not to Corporate Purposes to of Riverfront Stadium, to the Center For The 2006, be received and Motion carried. 123555 - This being the time and place of public hearing, the Mayor and oral objections and there were none. Schmitt/Kincaid called for written that the hearing be closed. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123556 - Cole/Gunderson that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-436. 123557 - Welper/Kincaid that proof of publication of notice of public hearing on authorization of a loan agreement and issuance of not to exceed $450,000.00 General Obligation Capital Loan Notes for a General Corporate Purpose to pay costs of funding termination payments to retiring employees, including accrued vacation and sick leave obligations, as published in the Waterloo Courier on May 10, 2006, be received and placed on file. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123558 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed. Ayes: Five. Absent: Greenwood, Getty. Motion carried. May 22, 2006 Page 7 Hearings continued 123559 - Welper/Schmitt that "Resolution instituting proceedings to take additional action for authorization of said loan agreement and issuance of said capital loan notes", be adopted. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-437. 123560 This being the time and place of public hearing for New Star Mart, 1415 Logan Avenue, on the second violation of Waterloo Code of Ordinance, sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt that the hearing be closed. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123561 - Gunderson/Welper that "Resolution assessing 30 day cigarette permit suspension for said second violation", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-438. 123562 - This being the time and place of public hearing for New Star Liquor, 1309 Lafayette Street, on the violation of Waterloo Code of Ordinance, sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age, the Mayor called for oral and written objections and there were none. Gunderson/Schmitt that the hearing be closed. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123563 - Gunderson/Welper that "Resolution assessing $300.00 penalty for said violation", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-439.. UNFINISHED BUSINESS 123564 Kincaid/Schmitt that communication from City Engineer transmitting recommendation contract in the amount of $897,455.06 to K. Cunningham Construction Cedar Falls, Iowa in conjunction with F.Y. 2006 E. San Marnan Improvements - Penneys St. to LaPorte Road, Contract No. 698", placed on file and "Resolution approving award of said contract", Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-440. 123565 - Kincaid/Schmitt that communication from City contract in the amount of $5, Waterloo, Iowa in conjunction No. 706", be received, placed contract", be adopted. Ayes: of award of Co., Inc. of Drive Paving be received, be adopted. Engineer transmitting recommendation of award of 032,463.60 to Aspro, Inc. and Its Subsidiary of with F.Y. 2006 Asphalt Overlay Program, Contract on file and "Resolution approving award of said Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-441. May 22, 2006 Page 8 PETITIONS FROM PUBLIC 123566 - Welper/Cole that communication from Senior Planner transmitting request of Harold and Charlene Burington to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District property generally located at 4466 Wagner Road, % mile north of Big Rock Road and % mile south of Dunkerton Road, just inside the City Limits for the construction of a single-family home, together with recommendation of denial of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 12, 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: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by. Mayor assigned No. 2006-442. DOCUMENTS 123567 - Schmitt/Cole that communication from Associate Engineer transmitting Contract, Bond and Certificate of Insurance in the amount of $897,455.06 with K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2006 E. San Marnan Drive Paving Improvements - Penneys St. to LaPorte Road, Contract No. 698, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-443. 123568 - Schmitt/Cole that communication from Associate Engineer transmitting Contract, Bond and Certificate of Insurance in the amount of $5,032,463.60 with Aspro, Inc. and Its Subsidiary of Waterloo, Iowa in conjunction with F.Y. 2006 Asphalt Overlay Program, Contract No. 706, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-444. 123569 - Schmitt/Cole that communication from Police Chief transmitting one-year Automobile Lease Agreement with C & S Car Company for 2006 Hyundai Entourage van, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-445. 123570 - Schmitt/Cole that communication from Associate Engineer transmitting joint application for sanitary sewer permit with Iowa Department of Natural Resources and the U.S. Army Corps of Engineers for the sanitary sewer extension for the Prescotts Creak area as proposed by Claassen Engineering, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-446. 123571 - Schmitt/Cole that communication from City Planner transmitting partial acquisition contract with Roger and Janice Kalsem at a cost of $14,627.00, plus $1,000.00 for incidental closing costs, to purchase property generally located south of East Orange Road and east of Highway 21 as part of widening and construction of turn lanes at the intersection of East Orange Road and Highway 21, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-447. May 22, 2006 Documents continued 123572 - Kincaid/Schmitt Page 9 that communication from City Planner transmitting partial acquisition contract with Faye Dorothy Anderson and Hope Martin Anderson at a cost of $1,661.84, plus $1,000.00 for incidental closing costs, to purchase property generally located north of East Orange Road and east of Highway 21 as part of widening and construction of turn lanes at the intersection of East Orange Road and Highway 21, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-448. 123573 - Kincaid/Schmitt that communication from Community Planning & Development Director transmitting Purchase Agreement with Charles Nichols at a cost up to $15,070.00, plus $2,000.00 for miscellaneous expenses, for property generally located at 1016 Lafayette Street as part of the Rath Area Neighborhood Plan, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-449. 123574 - Kincaid/Schmitt that communication from City Engineer transmitting Professional Services Agreement with Earth Tech at a cost not to exceed $40,000.00 in conjunction with Park Avenue Bridge Conceptual Design and public involvement services, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-450. 123575 - Kincaid/Schmitt that communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Traffic Safety Improvement funding in the amount of $50,000.00 to start a traffic safety education and awareness campaign, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-451. 123576 - Kincaid/Schmitt that communication from Associate Engineer transmitting Extra Work Order in the amount of $52,690.00 for work to be performed by Flynn Company, Inc. 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 approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported it was discovered during the construction of the ramps for the Highway 20/Ansborough Interchange that there was a pretty extensive drain tile system that ran through that interchange area. There is a 15" pipe that runs through the area, and a lot of other smaller drain tiles that connect onto that. Mr. Thorson stated there weren't any• records on it, which isn't unusual for drain tile. The change order is for wherever this tile passes underneath the ramps, where we will be adding a lot of additional earth fill over the top to change it from a plastic pipe to concrete pipe so it won't crush. Then we have to make all the connections back into the small tiles that go into the large one. There is an area along one of the ramps where they ran into a sand seam, there is a lot of water seeping out of the sand seam, and we have to try to dry that up with some drain tile. Mr. Thorson stated there weren't any records of this. The Iowa Department of Transportation looked pretty extensively and so did the city, but no one had any records of it, so there was no way the city or consultant could know it was there until they actually hit it. May 22, 2006 Documents continued Page 10 Councilperson Gunderson asked if the state and city will jointly pay for this change order. Mr. Thorson responded it is the city's obligation because we believe based on the bid we received that we will max out the federal funds without this change order. However, if some of the items that were in the original bid turn out to be less than what was estimated, some of the federal dollars could help pay for the change order, but we won't know that until the end of the job. Mr. Thorson stated at this point it appears it would be at the city's expense, and the city has bonded enough to cover this change order. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Abstain: Cole because she is an employee of VGM. Absent: Greenwood, Getty. Motion carried. RESOLUTIONS TO BE ADOPTED 123577 - Welper/Schmitt that "Resolution directing advertisement for sale of $8,200,000.00 General Obligation Bonds, Series 2006A as June 6, 2006 and approving electronic bidding procedures", be adopted. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-452. 123578 Welper/Schmitt that "Resolution directing advertisement for sale of $1,900,000.00 General Obligation Bonds, Taxable Series 2006B as June 6, 2006 and approving electronic bidding procedures", be adopted. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-453. NEW BUSINESS 123579 - Gunderson/Cole that communication from Community Planning & Development Director transmitting request of Metropolitan Transit Authority to transfer a portion of city property commonly referred to as the Browning lot that was approved as part of a Federal Transit Administration grant to construct parking lots under the Highway 218 viaduct and a lot near River Road, be received, placed on file and "Resolution setting date of hearing as June 12, 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: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-454. 123580 - Schmitt/Kincaid to instruct Airport Director to prepare plans, specifications, form of contract, etc. in conjunction with Parking Lot Control System for Waterloo Regional Airport, be received, placed on file and approved. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123581 - Schmitt/Kincaid that plans, specifications, form of contract, etc. in conjunction with Parking Lot Control System for Waterloo Regional Airport, be received and placed on file. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123582 - Schmitt/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-455. 123583 - Schmitt/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 5, 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: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-456. • • May 22, 2006 New Business continued 123584 - Schmitt/Kincaid Page 11 to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with U.S. 20 and Iowa 21 Ramps Traffic Signalization, STP -U-8155(675)-27-07, be received, placed on file and approved. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123585 Schmitt/Kincaid that plans, specifications, form of contract, etc. in conjunction with U.S. 20 and Iowa 21 Ramps Traffic Signalization, STP -U-8155(675)-27-07, be received and placed on file. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 123586 - Schmitt/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-457. 123587 - Schmitt/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 5, 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: Five. Absent: Greenwood, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-458. ORAL PRESENTATIONS 123588 - Gene Dettmer, 826 Columbia Street, inquired about an application he filed for vacation of a portion of Utica Street. Councilperson Getty tabled the request temporarily because of some code infractions. Mr. Dettmer reported the code infractions have been taken care of, and he spoke with Councilperson Getty last evening and he assured him he was going to speak to some of the other council members and get the vacation request rescheduled. Mayor Hurley stated he would talk to Councilperson Getty. Mayor Hurley noted that because next week is Memorial Day there is no council meeting, and the next council meeting will be on June 5, with the agenda meeting on June 1. Gunderson/Schmitt that the above oral comments be received and placed on file. Ayes: Five. Absent: Greenwood, Getty. Motion carried. ADJOURNMENT 123589 - Welper/Gunderson that the Council adjourn at 6:18 p.m. Ayes: Five. Absent: Greenwood, Getty. Motion carried. 514 - Nancy EZkkert, CMC City Clerk