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HomeMy WebLinkAboutMinutes-11/06/20061 • November 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, November 6, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole. Absent: Schmitt. Moment of Silence. Pledge of Allegiance: 124408 - Cole/Kincaid Councilperson Eric Gunderson. that the Agenda, as proposed, for the Regular Session on Monday, November 6, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Schmitt. Motion carried. 124409 - Cole/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, October 23, 2006, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Schmitt. Motion carried. Mayor Hurley read a Proclamation declaring November 12-18, 2006 as Hunger and Homelessness Awareness Week. CONSENT AGENDA 124410 - Getty/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. 1-80, dated November 6, 2006, in the amount of $3,829,077.22, 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. 2006-947. 2. Communication from City Engineer transmitting request of Richard R. Poppe for a waiver for a concrete driveway to be located at 4778 Winghaven Drive, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-948. 3. Communication from City Clerk transmitting request of Ed Gruenwald, Director of Hartman Reserve Nature Center, for an exception to burning yard waste to burn approximately 7.2 acres of prairie grass located within the Hartman Reserve Nature Center during November - December 2006, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2006-949. b. Motion -to approve the following: 1. Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Kathy Skillings to the position of Laboratory Technician, effective November 7, 2006. 2. Aaron McClelland, Police Officer; and Ann Meyer, Police Lieutenant; to attend Field Training Supervisor Course in West Des Moines, Iowa on November 28 - December 1, 2006, with costs not to exceed $1,450.00, including use of city vehicle. 3. Melissa Ludwig, Police Sergeant, to attend Basic Life Support Instructor Course in Waterloo, Iowa on January 13, 2007, with costs not to exceed $165.00, including use of city vehicle. 4. Jason Feaker, Police Officer, to attend Narco-Terrorism Training in El Paso, Texas on November 12-18, 2006, with costs not to exceed $1,933.00. 5. Matthew Klunder, North Central Iowa Drug Task Force Investigator, to attend Narco-Terrorism Training in El Paso, Texas on November 12-18, 2006, with costs not to exceed $2,133.00. November 6, 2006 Consent Agenda continued Page 2 c. Beer License Permit Application Class B Godfather's Pizza, 1946 Schukei Road (Renewal) (Expires 10/31/07) (Includes Sunday Sales) d. Wine License Permit Application Class B Citgo, 515 Broadway (Renewal) (Expires 10/18/07) (Includes Sunday Sales) e. Beer License Permit Application Class C Citgo, 515 Broadway Street (Renewal) (Expires 10/18/07) (Includes Sunday Sales) All Stop Convenience Store, 2424 Ranchero Road (Renewal) (Expires 10/26/07) (Includes Sunday Sales) Casey's General Store, 3035 Logan Avenue (Ownership Update) (Expires 12/31/07) (Includes Sunday Sales) Casey's General Store, 3035 Logan Avenue (Renewal) (Expires 12/31/07) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C Shad's Place, 1607 Sycamore Street (Renewal) (Expires 11/7/07) (Includes Sunday Sales) Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive (Renewal) (Expires 12/30/07) (Includes Sunday Sales) Karma Bar, 309 West 4th Street (New) (Expires 1/08/08) (Includes Sunday Sales) Barney's, 501 West 4th Street (Renewal) (Expires 11/13/07) (Includes Sunday Sales) Embassy Lounge, 225 East 5th Street (Renewal) (Expires 11/22/07) (Includes Sunday Sales) Ayes: Six. Absent: Schmitt. Motion carried. HEARINGS & BIDS 124411 - Gunderson/Welper that proof of publication of notice of public hearing on Purchase of Aerial Truck for the Leisure Services Parks Department, as published in the Waterloo Courier on October 20, 2006, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124412 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Kincaid that the hearing be closed. Ayes: Six. Absent: Schmitt. Motion carried. 124413 - Gunderson/Welper that "Resolution confirming approval of specifications, etc. in conjunction with Purchase of Aerial Truck for the Leisure Services Parks Department", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-950. 124414 - Gunderson/Welper that "Resolution authorizing to proceed in conjunction with above said purchase of aerial truck", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-951. • • November 6, 2006 Hearings & Bids continued Page 3 124415 - Gunderson/Cole to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Dons Truck Sales, Fairbank, Iowa Hawkeye International, Waterloo, Iowa Ayes: Six. Absent: Schmitt. Motion carried. HEARINGS 124416 - Getty/Cole Bid Amount $125,205.00 $131,877.85 that proof of publication of notice of public hearing on request of Schenk Engineering on behalf of John Rooney Trust and Cynthia Kuelbs Trust for a site plan amendment to the "S-1" Shopping Center Commercial District for the former Midas site at 2019 Crossroads Boulevard generally located between Bonanza and IHOP for construction of a new 6,000 sq. ft. retail building, as published in the Waterloo Courier on October 27, 2006, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124417 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Kincaid that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124418 - Getty/Kincaid that "Resolution approving Absent: Schmitt. Resolution adopted and upon 124419 - Welper/Kincaid said site plan amendment", be adopted. Ayes: Six. approval by Mayor assigned No. 2006-952. that proof of publication of notice of public hearing on request of Lockard Development on behalf of the Cedar Valley Tech Works, Inc. to rezone from "M-2" Heavy Industrial District to "M -2,P" Planned Industrial District approximately 40 acres generally located at 400 Westfield Avenue, northwest of the intersection of Westfield Avenue and Jefferson Street for the purpose of development of the Cedar Valley Tech Works, a mixed use commercial and industrial development, as published in the Waterloo Courier on October 20, 2006, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124420 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124421 - Welper/Gunderson that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 387 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Schmitt. Motion carried. 124422 - Welper/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Schmitt. Motion carried. November 6, 2006 Hearings continued 124423 - Welper/Gunderson Page 4 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 387 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4842. UNFINISHED BUSINESS 124424 - Kincaid/Getty that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $79,297.00 to Porter & Porter Construction, LLC of Independence, Iowa in conjunction with 2006 South Hills Pro Shop, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Paul Hutting, Leisure Services Director, reported they had meetings with the contractor and the architect. The initial estimate of somewhere around $200,000.00 was an inaccurately high estimate. The estimate included some items that ultimately were not included in the bid package. This bid was the lowest bid of those received, and Leisure Services staff checked the qualifications and feel this is a good bargain for the city. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-953. 124425 - Kincaid/Getty that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $68,655.30 to B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2006 M.L. King Jr. Drive Recreational Trail Head, Contract No. 709, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-954. PETITIONS FROM PUBLIC 124426 - Gunderson/Greenwood that communication from Senior Planner transmitting request of Doug Walters for a minor Site Plan Amendment to the "R -3,R -P" Planned Residence District for the development of three single family homes in Crossroads Estates Replat No. 2 generally located off Hummingbird Circle, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-955. 124427 - Gunderson/Greenwood that communication from Senior Planner transmitting request of Stephen Clabby to vacate the 5 -foot easement generally located along the west side of Lot 61 of Heartland Hills Second Addition, be received, placed on file and "Resolution setting date of hearing as November 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: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-956. November 6, 2006 REPORTS 124428 - Greenwood/Welper • Page 5 that communication from Superintendent of Streets transmitting change to Snow and Ice Control Policy to require an employee who has worked 16 consecutive hours must take eight continuous hours of rest before being eligible to return to work, be received, placed on file and "Resolution approving said policy", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if this change has been approved and reviewed with the union. Mayor Hurley explained thatthe change to the policy was because the city lost in arbitration. We are making our official snow policy reflect the adjustments we had to make to our previous short lived policy. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-957. DOCUMENTS 124429 - Cole/Welper that communication from Superintendent of Central Garage transmitting 28E Agreement with Black Hawk County Board of Supervisors to provide fuel and vehicle maintenance services to Black Hawk County Maintenance Department and reimbursement rates, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-958. 124430 - Cole/Welper that communication from City Planner transmitting Total Acquisition Contract with Lee Publications Inc. dba Waterloo Courier to acquire properties generally located at 420 Jefferson Street and 310 West Park Avenue at a cost of $132,000.00, plus one-time payment of $6,000.00 for discount parking and miscellaneous expenses in the maximum amount of $10,000.00, be received, placed on file and "Resolution approving said contract", be 'adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-959. 124431 - Cole/Welper that communication from Superintendent of Waste Management Services transmitting addendum to agreement with Denver Construction for the drop site recycling program to extend the contract for two years at a cost of $49.34 per ton, be received, placed on file and "Resolution- approving said addendum to agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt.. Resolution adopted and upon approval by Mayor assigned No. 2006-960. 124432 - Cole/Welper that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $68,655.30 from B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2006 M. L. King Jr. Drive Recreational Trail Head, Contract No. 709, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-961. November 6, 2006 Documents continued 124433 - Cole/Welper Page 6 that communication from Assistant City Engineer transmitting Construction Plans for Sanitary Sewer Serving Shadow Creek Crossing as submitted by Anderson -Bogert Engineer & Surveyors, Inc. of Cedar Rapids, Iowa and Sewage Treatment Agreement with Iowa Department of Natural Resources, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same: Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-962. 124434 - Cole/Welper that communication from Associate Engineer transmitting contract modification number 11 with Iowa Department of Transportation at a cost of $30,845.28, with city match of $6,169.06, 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 contract modification", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported the reason for this amendment is because the Iowa Department of Transportation's specification for federal -aid projects requiring payment of an incentive based on a thickness index range. The city's portion will come from the general obligation bonds that were programmed for this project. Mayor Hurley announced that the interchange is scheduled to opened on Friday, November 10, 2006. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Abstain: Cole because she is an employee of VGM. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-963. 124435 - Greenwood/Cole that communication from Community Planning and Development Director transmitting application with U.S. Environment Protection Agency for EPA Brownfield Cleanup Grant in the amount of $200,000.00, with city match of $200,000.00, to demolish portions of the Chamberlain Plant, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-964. 124436 - Greenwood/Cole that communication from Senior Planner transmitting request of La Tonya Stokes for tax exemptions on improvements totaling $125,000.00 for 726 Mobile 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: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-965. 124437 - Greenwood/Cole that communication from Senior Planner transmitting request of Mark Gardner for tax exemptions on improvements totaling $18,000.00 for 131 Chicago 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: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-966. 124438 - Greenwood/Cole that communication from Building Official/Maintenance Administrator transmitting Change Order No. 2 for a net increase of $3,303.00 for work to be performed by Johnson Controls in conjunction with Five Sullivan Brothers Convention Center Equipment Upgrade, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Motion carried. • • November 6, 2006 Documents continued 124439 - Greenwood/Cole Page 7 that communication from Superintendent of Waste Management Services transmitting Contracts, Bonds and Certificates of Insurance in the amount of $1,067,000.00 with E.B Spencer Engineering Co. of Janesville, Iowa in conjunction with F.Y. 2007 Odor Control and HVAC Replacement, Water Pollution Control Facilities, Contract No. 716, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-967. RESOLUTIONS TO BE ADOPTED 124440 - Getty/Welper that "Resolution dedicating Schukei Road generally located between existing Schukei Road and existing Bethel Street for public right-of-way purposes and to dedicate necessary permanent easements generally located off Hammond Avenue, north of San Marnan Drive to serve Shadow Creek Crossing residential development", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-968. 124441 - Getty/Welper that "Resolution approving repayment of $71,853.00 of HOME funds utilizing LHAP funds for HOME Down Payment Program and Tenant Based Rental Assistance Program", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-969. ORDINANCES TO BE ADOPTED 124442 - Welper/Gunderson that "an Ordinance amending the 2003 Traffic Code to allow placement of 'No Parking Between Signs' 20 feet back from each side of driveway in the 300 block of Southbrooke Drive", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Schmitt. Motion carried. 124443 - Welper/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Schmitt. Motion carried. 124444 - Welper/Gunderson that "an Ordinance amending the 2003 Traffic Code to allow placement of 'No Parking Between Signs' 20 feet back from each side of driveway in the 300 block of Southbrooke Drive", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4843. 124445 - Welper/Gunderson that "an Ordinance amending the 2003 Traffic Code to install Yield on Fisher Drive before entering Winn Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Schmitt. Motion carried. 124446 - Welper/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Schmitt. Motion carried. 124447 - Welper/Gunderson that "an Ordinance amending the 2003 Traffic Code to install Yield on Fisher Drive before entering Winn Street", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4844. November 6, 2006 Ordinances to be Adopted continued 124448 - Welper/Gunderson that "an Ordinance amending the 2003 Traffic Code to east side of Lombard Street between Terrace Drive received, placed on file, considered and passed for the Absent: Schmitt. Motion carried. Page 8 prohibit parking on the and Easton Avenue", be first time. Ayes: Six. 124449 Welper/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetingsbe suspended. Ayes: Six. Absent: Schmitt. Motion carried. 124450 - Welper/Gunderson that "an Ordinance amending the 2003 Traffic Code to prohibit parking on the east side of Lombard Street between Terrace Drive and Easton Avenue", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4845. NEW BUSINESS 124451 - Gunderson/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,789.00 for work performed by the Water Works at 510 Cottage Street, 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: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-970. 124452 - Gunderson/Kincaid that communication from General Manager of Waterloo Water Works request to certify the amount of $1,740.00 for work performed by the at 226 Hartman Avenue, together with recommendation of approval Water Works Board of Trustees, be received, placed on file and approving said request", be adopted and City Clerk instructed Hawk County Treasurer of same. Ayes: Six. Absent: Schmitt. transmitting Water Works of Waterloo "Resolution to notify Black Resolution adopted and upon approval by Mayor assigned No. 2006-971. 124453 - Gunderson/Kincaid that communication from City Planner transmitting request to vacate the 40' greenway easement generally located along the lots at the northeast corner of Crossroads Boulevard, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 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. Prior to a vote on the above motion, the following comments were heard. Don Temmeyer, Community Development & Planning Director, explained when Crossroads was originally established they established this 40' easement around the edge of Crossroads Boulevard, and over time the city pretty much vacated all of it. As the developments come in and they need it to be vacated its been presented and always been approved. In response to a question from Mayor Hurley, Mr. Temeyer answered there is parking. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-972. 124454 - Cole/Getty to instruct Leisure Services Director to prepare etc. in conjunction with Purchase of 2006 Golf placed on file and approved. Ayes: Six. Absent: bid document, specifications. Turf Equipment, be received, Schmitt. Motion carried. November 6, 2006 New Business continued Page 9 124455 - Cole/Welper that bid document, specifications. etc. in conjunction with 2006 Golf Turf Equipment, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124456 - Cole/Welper that "Resolution preliminarily approving bid document, specifications. etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-973. 124457 - Cole/Welper that "Resolution setting date of hearing on bid document, specifications. etc. as November 20, 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: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-974. 124458 - Cole/Getty to instruct Leisure Services Director to prepare bid document, specifications. etc. in conjunction with Purchase of Four John Deere 1565 Commercial Front Mowers, be received, placed on file and approved. Ayes: Six. Absent: Schmitt. Motion carried. 124459 - Cole/Welper that bid document, specifications. etc. in conjunction with Four John Deere 1565 Commercial Front Mowers, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124460 - Cole/Welper that "Resolution preliminarily approving bid document, specifications. etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-975. 124461 - Cole/Welper that "Resolution setting date of hearing on bid document, specifications. etc. as November 20, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-976. 124462 - Cole/Kincaid to instruct Contracts and Grants Coordinator to prepare plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 145 -D -GO -11-17-06, be received, placed on file and approved. Ayes: Six. Absent: Schmitt. Motion carried. 124463 - Cole/Kincaid that prepare plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 145 -D -GO -11-17-06, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 124464 - Cole/Kincaid that "Resolution preliminarily approving prepare plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-977. November 6, 2006 New Business continued Page 10 124465 - Cole/Kincaid that "Resolution setting date of hearing on prepare plans, specifications, form of contract, etc. as November 20, 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: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-978. ORAL PRESENTATIONS 124466 - Councilperson Getty stated that Mediacom has been flashing on the TV screens, and he has received some phone calls that on December 1, 2006 it looks like CBS, our Channel 2, will no longer be carried by Mediacom. Councilperson Getty asked the City Attorney to look into the structure of our franchise agreement because it seems to him that when cablevision first came to Waterloo we were informed, and it was in the franchise, that the cable company would carry ABC, NBC and CBS, and any other stations that they decided to put on. Councilperson Getty asked the City Attorney to see if it is our franchise or if it's a mandatory thing and report back next week with an answer. Mayor Hurley reminded everyone that tomorrow is a voting day and to please exercise their privilege and right to vote. Mayor Hurley reported that Friday is a Veteran's Day holiday, and City Hall offices will be closed. Getty/Greenwood that the above oral comments be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. ADJOURNMENT 124467 - Getty/Gunderson that the Council adjourn at 6:10 p.m. Ayes: Six. Absent: Schmitt. Motion carried. C///A„,t,k7 CIUL4-jt Nancy iacert, CMC City Clerk • •