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HomeMy WebLinkAboutMinutes-08/13/2007• • August 13, 2007 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, August 13, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: 125704 - Schmitt/Kincaid Bob Stringer, Human Resources Director. that the Agenda, as amended, for the Regular Session on Monday, August 13, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 125705 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, August 6, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley presented Optimist Baseball/Softball Coach of the Year Awards to Jim Flack, Roy Trenkamp, Jeff Weber, Marvin Spencer, Denny Boleyn, Rich Eighme and Sean Hylton. Mayor Hurley performed Swearing-in of the following Firefighters: Justin Junk and Troy Fischer. CONSENT AGENDA 125706 - Schmitt/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. 1-93, dated August 13, 2007, in the amount of $2,333,967.30, a copy of which is on file in the City Clerk's office. Resolution adopted and upon approval by Mayor assigned No. 2007-658. 2. Communication from Police Chief transmitting request of Grout Museum District to hold Tall Grass Prairie Brewfest on September 22, 2007 from 5:00 - 9:00 p.m., with the event to be held at Soldier's & Sailor's Park and Cedar Street between East 4th and 5th Streets, including food vendors and live music. Resolution adopted and upon approval by Mayor assigned No. 2007-659. b. Motion -to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of Jim Ellis and Dan Channer to the Planning, Programming & Zoning Commission's Design Review Board, with term expiration date of May 7, 2010. 2. Communication from Director of Cultural & Arts Commission transmitting recommendation of appointment of Chad Allen to the position of Public Program Coordinator and Maureen Newbill to the position of Visitor Services Manager, effective August 14, 2007. 3. Communication from Leisure Services Director transmitting recommendation of appointment of Robert Jorgensen to the position of Park Maintenance II - Crew Leader, effective August 28, 2007. 4. Communication from Leisure Services transmitting recommendation of appointment of Morris Kauffman to the position of Park Maintenance II - Crew Leader, effective August 28, 2007. 5. Communication from Airport Director transmitting recommendation of appointment of Randy Shepard to the position of Airport Maintenance Worker I, effective August 14, 2007. August 13, 2007 Consent Agenda continued 6. David Train costs Page 2 McDaniel, Iowa Falls Police Department, to attend Active Shooter the Trainer School in Mason City, Iowa on August 12-17, 2007, with not to exceed $1,115.00. 7. Ritchie Hesse and Michael Dobson, Police Officers, to attend Region 3 Bomb In -Service Training in Deadwood, South Dakota on September 16-21, 2007, with costs not to exceed $1,919.60, including use of city vehicle. 8. Sue Holms and Kerry Devine, Police Sergeants; Shawn Bram, Police Officer; and R.O. Devine to attend Midwest Mounted Patrol Clinic in Maple Plain, Minnesota on September 19-23, 2007, with costs not to exceed $2,445.00, including use of city vehicle. 9. David Meeks, Executive Director of Human Rights Commission, to attend Fair Housing Training Academy in Washington, DC on September 23-29, 2007, with costs not to exceed $2,696.61. 10.David Meeks, Executive Director of Human Rights Commission, to attend Advanced Grantsmanship Grant Administrative Training in Kansas City, Kansas on August 14-16, 2007, with costs not to exceed $330.00, including use of city vehicle. c. Beer License Permit Application Class B LaChiquita, Inc., 301 East Sunday Sales) d. Beer License Class C Crossroads, (Includes 4th Permit Application Street (Renewal) (Expires 5/6/08) (Includes BP, 2035 East Mitchell Avenue (Renewal) (Expires 9/30/08) Sunday Sales) Ayes: Seven. Motion carried. HEARINGS & BIDS 125707 - Getty/Greenwood that proof of publication of notice of public hearing on F.Y. 2007 Riverloop Exposition Plaza, Phase 1, Contract No. 721, as published in the Waterloo Courier on July 24, 2007 and notice to bidders, as published in the Waterloo Courier on July 18, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125708 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Community Planning and Development Director, explained that the project is being funded with $1 million CAT grant, and WDC and the city have allocated casino money. Mr. Temeyer stated that the project will probably be finished by next summer. Getty/Greenwood that the hearing be closed and oral comments be received and Ayes: Seven. Motion carried. 125709 - Getty/Greenwood placed on file. that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Riverloop Exposition Plaza, Phase 1, Contract No. 721", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-660. 125710 - Getty/Greenwood that "Resolution ordering construction in conjunction with above said be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-661. • • project", • • August 13, 2007 Page 3 Hearings & Bids continued 125711 - Getty/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount Cedar Valley Corp., Waterloo, IA 5% $2,916,296.34 Cunningham Construction Co., Inc., Cedar Falls, IA 5% $2,669,163.27 Peterson Contractors, Inc., Reinbeck, IA 5% $2,828,811.97 Ayes: Seven. Motion carried. HEARINGS 125712 - Gunderson/Welper that proof of publication of notice of public hearing on amendments to the City of Waterloo Comprehensive Plan making multiple changes to the Future Land Use Map, as published in the Waterloo Courier on July 25, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125713 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Welper that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 125714 - Gunderson/Welper that "Resolution adopting said Comprehensive Plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-662. UNFINISHED BUSINESS 125715 - Welper/Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $164,480.00 to Aspro, Inc. and Subsidiaries of Waterloo, Iowa in conjunction with 2007 Byrnes Tennis Complex Renovation Project, 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. 2007-663. 125716 - Welper/Schmitt that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $42,455.00 to Lehman Trucking & Excavating, Inc. of Waterloo, Iowa in conjunction with General Obligation Bond Demolition Project, Contract No. 149-D/AR-GO-08-06-07, 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. 2007-664. August 13, 2007 PETITIONS FROM PUBLIC 125717 - Kincaid/Welper Page 4 that communication from Senior Planner transmission request of A -Line Iron and Metals to vacate, sell and convey for $3,605.70 a dead-end portion of David Street generally located just north of the Chicago Central Railroad for the purpose of expanding the existing recycling yard at 1500 David Street, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 27, 2007, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-665. DOCUMENTS 125718 - Greenwood/Schmitt that communication from Associate Engineer transmitting Change Order No. 4 for a net decrease in the amount of $21,950.40 for work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa in conjunction with Division III 2007 Asphalt Overlay Program, Contract No. 719, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 125719 Greenwood/Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa at a total cost of $284,042.44 in conjunction with Division III of the F.Y. 2007 Asphalt Overlay Program, Contract No. 719, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-666. 125720 - Greenwood/Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Van Hauen & Associates of Clive, Iowa at a total cost of $564,976.00 in conjunction with F.Y. 2006 East Side Sanitary Sewer Interceptor, Contract No. 707, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Prior to a vote on the above motion, the following comments were made. Nancy Eckert, City Clerk, reported that the claim was properly filed with the contractor's insurance carrier and with the city's insurance carrier. 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. 2007-667. 125721 - Getty/Gunderson that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $164,480.00 with Aspro, Inc. and Subsidiaries of Waterloo, Iowa in conjunction with 2007 Byrnes Tennis Complex Renovation Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-668. 125722 - Getty/Gunderson that communication from Community Planning and Development Director transmitting Cooperative Agreement with MidWestOne Bank for the Expo Project and MidWestOne's parking lot, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-669. • • • • August 13, 2007 Page 5 Documents continued 125723 Getty/Gunderson that communication from Associate Engineer transmitting Supplemental Agreement No. 1 with Earth Tech, Inc. at a cost of $161,000.00, with city match of $18,730.26, for professional services in conjunction with F.Y. 2007 U.S. 63/Westfield Avenue Connection, Contract No. 730, be received, placed on file and "Resolution approving said engineering agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-670. 125724 Cole/Schmitt that communication from Police Chief transmitting 28E Agreement for Tobacco Enforcement with Iowa Alcoholic Beverages Division, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-671. 125725 - Cole/Schmitt that communication from City Planner transmitting Temporary Easement with Interstate Brands Corporation at a cost of $244.13 for the Donald Street Trail, be received, placed on file and "Resolution approving said temporary easement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-672. 125726 - Cole/Schmitt that communication from Senior Planner transmitting request of Debbie Kemp for tax exemptions on improvements totaling $28,394.00 for property located at 2235 Ashland 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-673. 125727 - Schmitt/Kincaid that communication from Superintendent of Traffic Operations transmitting Contracts, Bonds and Certificates of Insurance in the amount of $43,825.00 with KWS, Inc. of Cedar Falls, Iowa in conjunction with U.S. 63 and Parker Street Traffic Safety Improvements, Contract No. 732, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-674. RESOLUTIONS TO BE ADOPTED 125728 - Schmitt/Kincaid that "Resolution approving an amendment to the Expenditure Authorization Policy to allow expenditures up to $2,500.00 for mobile equipment repairs, stationary equipment repairs and repairs to buildings without pre -authorization", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-675. August 13, 2007 Page 6 NEW BUSINESS 125729 - Greenwood/Gunderson that communication from City Engineer transmitting amendment to the 2007 Waterloo Code of Ordinance to create a new Article B, Construction Site Erosion and Sediment Control, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities, be received, placed on file and "Resolution setting date of hearing as August 27, 2007, at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-676. 125730 - Greenwood/Gunderson that communication from Community Planning and Development Director transmitting Property Exchange Agreement with Community National Bank in conjunction with the Expo Project, be received, placed on file and "Resolution setting date of hearing as August 27, 2007, 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. 2007-677. 125731 - Gunderson/Welper that "Preliminary Resolution approving construction of sidewalk improvements in conjunction with F.Y. 2008 Sidewalk Block Grant Repair Assessment Program - Zone 7, Contract No. 735", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-678. 125732 Gunderson/Welper that "Resolution fixing value of lots in conjunction with F.Y. 2008 Sidewalk Block Grant Repair Assessment Program - Zone 7, Contract No. 735", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-679. 125733 Gunderson/Greenwood that "Resolution adopting preliminary plat and schedule of assessments and estimate of costs in conjunction with F.Y. 2008 Sidewalk Block Grant Repair Assessment Program - Zone 7, Contract No. 735", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-680. 125734 Gunderson/Schmitt that "Resolution of Necessity (Proposed) setting date of hearing as September 4, 2007, at 5:30 p.m. in the City Hall Council Chambers on F.Y. 2008 Sidewalk Block Grant Repair Assessment Program - Zone 7, Contract No. 735", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-681. 125735 - Gunderson/Welper that "Preliminary Resolution approving construction of sidewalk improvements in conjunction with F.Y. 2008 Sidewalk Repair Assessment Program - Zone 7, Contract No. 724", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-682. 125736 - Gunderson/Welper that "Resolution fixing value of lots in conjunction with F.Y. 2008 Sidewalk Repair Assessment Program - Zone 7, Contract No. 724", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-683. • • August 13, 2007 Page 7 New Business continued 125737 Gunderson/Greenwood that "Resolution adopting preliminary plat and schedule of assessments and estimate of costs in conjunction with F.Y. 2008 Sidewalk Repair Assessment Program - Zone 7, Contract No. 724", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-684. 125738 Gunderson/Schmitt that "Resolution of Necessity (Proposed) setting date of hearing as September 4, 2007, at 5:30 p.m. in the City Hall Council Chambers on F.Y. 2008 Sidewalk Repair Assessment Program - Zone 7, Contract No. 724", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-685. 125739 Getty/Cole to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Sidewalk Block Grant Repair Assessment Program - Zone 7, Contract No. 735, be received, placed on file and approved. Ayes: Seven. Motion carried. 125740 Getty/Cole that plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Sidewalk Block Grant Repair Assessment Program - Zone 7, Contract No. 735, be received and placed on file. Ayes: Seven. Motion carried. 125741 - Getty/Cole 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. 2007-686. 125742 - Getty/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 4, 2007 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. 2007-687. 125743 - Getty/Cole to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Sidewalk Repair Assessment Program - Zone 7, Contract No. 724, be received, placed on file and approved. Ayes: Seven. Motion carried. 125744 Getty/Cole that plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Sidewalk Repair Assessment Program - Zone 7, Contract No. 724, be received and placed on file. Ayes: Seven. Motion carried. 125745 - Getty/Cole 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. 2007-688. August 13, 2007 New Business continued 125746 - Getty/Cole Page 8 that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 4, 2007 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. 2007-689. 125747 - Welper/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Permanent Closure of Railroad Crossing Across Black Hawk Creek, Contract No. 728, be received, placed on file and approved. Ayes: Seven. Motion carried. 125748 Welper/Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Permanent Closure of Railroad Crossing Across Black Hawk Creek, Contract No. 728, be received and placed on file. Ayes: Seven. Motion carried. 125749 - Welper/Schmitt 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. 2007-690. 125750 - Welper/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 10, 2007 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. 2007-691. 125751 Welper/Schmitt to instruct Superintendent of Central to prepare specifications, bid document, etc. in conjunction with Purchase of One 2008 4X4 One Ton Truck Chassis With 6 Yard Refuse Container, be received, placed on file and approved. Ayes: Seven. Motion carried. 125752 - Welper/Schmitt that specifications, bid document, etc. in conjunction with Purchase of One 2008 4X4 One Ton Truck Chassis With 6 Yard Refuse Container, be received and placed on file. Ayes: Seven. Motion carried. 125753 - Welper/Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-692. 125754 - Welper/Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. as August 27, 2007 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. 2007-693. • • • • August 13, 2007 Page 9 ORAL PRESENTATIONS 125755 - David Meeks, Executive Director of Human Rights Commission, reported on the Job Fairs. Job Fairs were held in December 2006, March 2007 and June 2007. There were 348 participants, 45 business participants, with 36 persons hired or 16 percent. Schmitt/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 125756 - Gunderson/Greenwood that the Council adjourn at 6:13 p.m. Ayes: Seven. Motion carried. r4.12,,± NancyVEckert, CMC City Clerk