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