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HomeMy WebLinkAboutMinutes-11/05/2007• • November 5, 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, November 5, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Members of Troop 1 of St. Edwards Catholic Church. 126144 - Schmitt/Kincaid that the Agenda, as amended, for the Regular Session on Monday, November 5, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 126145 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, October 22, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley presented Flag Football Coach of the Year to Casey Henry, Joe Liebold, DeShon Washington, Byron Phillips, Sean Kennedy and Andrew Paar. Mayor Hurley presented Achievement for Excellence in Financial Reporting for City of Waterloo Comprehensive Annual Report For Fiscal Year Ended June 30, 2006. Mayor Hurley read a Proclamation declaring November 4-10, 2007 as Radiologic Technology Week. Mayor Hurley read a Proclamation declaring November 9, 2007 as White Cane Safety Day. CONSENT AGENDA 126146 - 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. 1-77, dated November 5, 2007, in the amount of $2,729,784.65, 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. 2007-922. 2. Communication from City Clerk transmitting request of Councilperson John Kincaid for a variance to the Noise Ordinance on November 6, 2007 from Noon to 8:00 p.m. in conjunction with use of handheld megaphone for announcements in the 4th Ward, together with recommendation of approval of Police Chief up to 82dBA. Resolution adopted and upon approval by Mayor assigned No. 2007-923. 3. Communication from City Engineer transmitting request of Marjorie Blickenderfer for a waiver for a concrete driveway to be located at 1332 Longfellow Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-924. 4. Communication from City Engineer transmitting request of Justin J. Aten for a waiver for an asphalt driveway to be located at 1540 Archer Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-925. b. Motion to approve the following: 1 Nancy Gulick, Community Development Coordinator; and Mark Boesen, Manager of Rehabilitation Services; to attend 2007 New Grantees Orientation Conference in Washington, DC on November 26-28, 2007, with costs not to exceed $1,305.00 and $1,205.00. November 5, 2007 Consent Agenda continued 2. Mark Rice, Superintendent of Central Garage, to attend Sourcing in the Public Sector Seminar in Cedar Rapids, Iowa on November 6-8, 2007, with costs not to exceed $475.00, including use of city vehicle. 3. Don Colvin and Greg Cox, Mechanics, to attend Injectronics GM Training in Waterloo, Iowa on October 25, 2007, with costs not to exceed $250.00, including use of city vehicle Page 2 c. Beer License Permit Application Class B Godfather's Pizza, 1946 Schukei Road (Renewal) (Expires 10/31/08) (Includes Sunday Sales) d. Beer License Permit Application Class C Casey's General Store #2427, 3035 Logan Avenue (Renewal) (Expires 12/31/08) (Includes Sunday Sales) Hy -Vee Gas #2, 2221 Logan Avenue (Renewal) (Expires 1/2/09) (Includes Sunday Sales) Metro Mart #4, 2332 Falls Avenue (Renewal) (Expires 11/13/08) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Southern Soul Club, 229 East 4th Street (Renewal) (Expires 10/25/08) (Includes Sunday Sales) Embassy Lounge, 225 East 5th Street (Renewal) (Expires 11/22/08) (Includes Sunday Sales) LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue (Renewal) (Expires 11/5/08) (Includes Sunday Sales) Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive (Renewal) (Expires 12/30/08) (Includes Sunday Sales) f. Native Wine Permit Application Class B LillieMae Chocolates of Waterloo, 2060 Crossroads Center, Suite 242 (New) (Expires 11/1/08) (Includes Sunday Sales) g. Outdoor Service Area Application LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive h. Cigarette/Tobacco Permit Application Piramida Bar, 712 Jefferson Street i. Going Out of Business License Application Day Star Jewelry, 3641 Kimball Avenue (60 days thru 1/15/08) j. Bonds. Ayes: Seven, with Councilperson Kincaid abstaining on Item 1a2. Motion carried. HEARINGS & BIDS 126147 - Schmitt/Cole that communication from Airport Director transmitting request to change date of bid opening to November 19, 2007 in conjunction with Replace T -Hangar Doors at Waterloo Regional Airport Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 126148 - Gunderson/Cole that proof of publication of notice of public hearing on the Purchase of One Heavy Duty Brush Chipper Unit, as published in the Waterloo Courier on October 19, 2007, be received and placed on file. Ayes: Seven. Motion carried. 126149 - 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. Ayes: Seven. Motion carried. • • • • November 5, 2007 Hearings & Bids continued 126150 - Gunderson/Welper Page 3 that "Resolution confirming approval of specifications, bid document, etc. in conjunction with the Purchase of One Heavy Duty Brush Chipper Unit", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-926. 126151 - Gunderson/Welper that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-927. 126152 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Bid Amount Vermeer Equipment, Pella, IA Bandit Industries, Remus, MI Aspen Equipment Co, Ankeny, IA Ayes: Seven. Motion carried. 126153 - Gunderson/Cole $47,750.00 $61,665.00 $53,557.00 that proof of publication of notice of public hearing on the Purchase of One 2008 4 -Wheel Drive Truck Chassis With Service Body, as published in the Waterloo Courier on October 19, 2007, be received and placed on file. Ayes: Seven. Motion carried. 126154 - 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. Ayes: Seven. Motion carried. 126155 - Gunderson/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with the Purchase of One 2008 4 -Wheel Drive Truck Chassis With Service Body", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-928. 126156 - Gunderson/Welper that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-929. 126157 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Bid Amount Rydell Chevrolet, Waterloo, IA $59,920.63 Witham Auto Center, Waterloo, IA $49,781.00 Bill Colwell Ford, Hudson, IA $49,385.00 Ayes: Seven. Motion carried. November 5, 2007 Hearings & Bids continued Page 4 126158 - Getty/Cole that proof of publication of notice of public hearing on Escalator Modernization At Five Sullivan Brothers Convention Center, as published in the Waterloo Courier on October 17, 2007, be received and placed on file. Ayes: Seven. Motion carried. 126159 - 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: Seven. Motion carried. 126160 - Getty/Cole that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Escalator Modernization At Five Sullivan Brothers Convention Center", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-930. 126161 - Getty/Cole that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-931. 126162 - 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 Kone Elevator/Escalator, Moline, IL 5% $347,683.00 Ayes: Seven. Motion carried. Lou Cutwright, Building Official/Maintenance Administrator, reported that the project will be funded using GO bonds funds and hotel/motel funds. Mr. Cutwright reported that bid documents were sent to four companies. HEARINGS 126163 - Schmitt/Kincaid that proof of publication of notice of public hearing on request of Midwest Building, Inc. on behalf of Richard Wald to vacate the portion of sidewalk generally located along West 13th Street adjacent to 174 West 13th Street to allow the sidewalk that was recently removed for construction of a building to not have to be replaced, as published in the Waterloo Courier on October 19, 2007, be received and placed on file. Ayes: Seven. Motion carried. 126164 Schmitt/Kincaid that communication from Richard Wald transmitting request to withdraw vacation request be received and placed on file. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 126165 Cole/Schmitt that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $42,942.00 from Witham Ford of Waterloo, Iowa in conjunction with Purchase of 2008 GVW Truck Chassis With Dump Box and Snow Plow, 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. 2007-932. • • • • November 5, 2007 Unfinished Business continued 126166 - Cole/Schmitt Page 5 that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $46,595.00 to Lehman Trucking and Excavating, Inc. of Waterloo, Iowa in conjunction with General Obligation Bond Demolition Project, Contract No. 154 -D -GO -11-05-07, 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. 2007-933. DOCUMENTS 126167 - Cole/Schmitt that communication from Senior Planner transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $90,200.00 for 65 Mulberry 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-934. 126168 - Cole/Schmitt that communication from Associate Engineer transmitting Change Order No. 2 for a net increase in the amount of $3,771.71 for work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Flood Wall Joint Repairs, Contract No. 729, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 126169 - Cole/Schmitt that communication from Assistant City Engineer transmitting Change Order No. 5 for a net increase in the amount of $29,564.24 for work performed by Aspro, Inc. and Its Subsidiary of Waterloo, Iowa in conjunction with F.Y. 2006 Rath Brownfields Street Reconstruction Program, Contract No. 686, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 126170 - Cole/Schmitt that communication from Associate Engineer transmitting extra construction costs for a net increase in the amount of $9,190.00 in conjunction with F.Y. 2007 U.S. 63/Westfield Avenue Connection, Contract No, 730, 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 the contractor started paving last Friday, will pave tomorrow and Wednesday, and that Westfield should be open by the end of the construction season. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 126171 - Cole/Schmitt that communication from City Engineer transmitting Completion of Project and Acceptance of Work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa at a total cost of $78,424.67 in conjunction with F.Y. 2007 Flood Wall Joint Repairs, Contract No. 729, be received, placed on file and "Resolution approving said documents", be approved and two-year maintenance bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-935. November 5, 2007 Documents continued 126172 - Cole/Schmitt Page 6 that communication from City Engineer transmitting Completion of Project and Acceptance of Work performed by Aspro, Inc. and Its Subsidiary of Waterloo, Iowa at a total cost of $2,136,105.72 in conjunction with F.Y. 2006 Rath Brownfields Street Reconstruction Program, Contract No. 686, be received, placed on file and "Resolution approving said documents", be approved and two-year maintenance bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-936. 126173 - Cole/Schmitt that communication from Assistant City Engineer transmitting Acceptance of Plat Improvements (Sanitary Sewer and Paving) for Shadow Creek Crossing - Phases 1 and 2, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond from Dave Schmitt Construction Co. Inc. and E & F Paving Company LLC be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-937. 126174 - Cole/Schmitt that communication from Assistant City Engineer transmitting Acceptance of 1300 Block Sheffield Avenue Sanitary Sewer Extension, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond from Bushman Excavating, Inc. be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-938. 126175 - Cole/Schmitt that communication from City Planner transmitting application with Iowa Department of Economic Development for Community Economic Betterment Account (CEBA) funding of $400,000.00 for A -Line EDS, Inc. expansion at existing facility at 808 Dearborn Avenue creating 9 new jobs with starting pay of $30,500.00 to $36,000.00, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported the CEBRA grant application for A -Line requires that the city sponsor the grant. The city is not providing any assistance, but the grant requires the local government to sign it, but it is all state aid. 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. 2007-939. ORDINANCES TO BE ADOPTED 126176 - Greenwood/Schmitt that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (15) Donald Street of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (15) Donald Street of Section 541, Increasing Speed Limits in Certain Areas (lower speed limit on West Donald Street)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Sandie Greco, Superintendent of Traffic Operations, reported the ordinance will reduce the speed limit from 35 mph to 30 mph beginning 500 feet west of the Columbia Street intersection, and from Heath Street to Logan Avenue to 25 mph. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. • • November 5, 2007 Page 7 Ordinances to be Adopted continued 126177 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 126178 - Greenwood/Kincaid that "an. Ordinance amending the 2003 Traffic Code by repealing Subsection (15) Donald Street of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (15) Donald Street of Section 541, Increasing Speed Limits in Certain Areas (lower speed limit on West Donald Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4888. 126179 - Greenwood/Schmitt that "an Ordinance amending the 2003 Traffic Code by adding Subsection (7a) Hewitt Street to Section 546, Yield Intersections (installation of yield signs on Webster Street at the intersection of Hewitt Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 126180 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 126181 - Greenwood/Kincaid that "an Ordinance amending the 2003 Traffic Code by adding Subsection (7a) Hewitt Street to Section 546, Yield Intersections (installation of yield signs on Webster Street at the intersection of Hewitt Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4889. NEW BUSINESS 126182 - Kincaid/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of One Automated Side -Loading Garbage Truck, be received, placed on file and approved. Ayes: Seven. Motion carried. 126183 - Kincaid/Welper that specifications, bid document, etc. in conjunction with Purchase of One Automated Side -Loading Garbage Truck, be received and placed on file. Ayes: Seven. Motion carried. 126184 - Kincaid/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-940. 126185 - Kincaid/Welper that "Resolution setting date of hearing on specifications, bid document, etc. as December 10, 2007 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-941. 126186 - Kincaid/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of One 19,000 GVW Truck With Hydraulic Lift, be received, placed on file and approved. Ayes: Seven. Motion carried. November 5, 2007 New Business continued 126187 - Kincaid/Welper Page 8 that specifications, bid document, etc. in conjunction with Purchase of One 19,000 GVW Truck With Hydraulic Lift, be received and placed on file. Ayes: Seven. Motion carried. 126188 - Kincaid/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-942. 126189 - Kincaid/Welper that "Resolution setting date of hearing on specifications, bid document, etc. as December 3, 2007 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-943. 126190 - Gunderson/Welper that communication from Community Planning and Development Director transmitting Cooperative Agreement with Iowa Community Credit Union in the amount of $15,350.00 for property generally located at 220 Jefferson Street, 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. 2007-944. ORAL PRESENTATIONS 126191 - Gene Geiger explained that the reason he missed his appointment with Tim Shea was because he was put out of business and did not feel there was any sense in going to that meeting. Mr. Geiger feels that this has been orchestrated against his firm, and the nine people he had working for him and the 25 people who it directly affected because of their families. Mayor Hurley commented that after Mr. Geiger attended the October 15, 2007 council meeting, he asked Tim Shea, Superintendent of Waste Management Services, to meet with Mr. Geiger to discuss the city's position, and Mr. Geiger did not make the meeting. Mayor Hurley commented that he was not prepared to discuss that right now because this is not the time or place, but he thinks Mr. Geiger is aware of the city's requirements. Mayor Hurley stated that the city is ready and willing to meet with Mr. Geiger as it did a couple of years ago when the city helped him get a shredding license. Gene Geiger responded that no one helped him get his shredding license, and that he had $35,000.00 worth of machinery and never had one customer. When he told Dan Deery in Waterloo, Dick Witham, Holdiman, Vick's Tire, and Dan Deery in Cedar Falls that he was no longer in business as he was locked out of the places he dumps, they all asked what were they going to do. Mr. Geiger asked if the 200 tires requirement applies to the city as well, and Mayor Hurley responded it would. Mr. Geiger stated that the city is in violation right now, both at the city and the water treatment plant when the truck gets a quarter full. Mr. Geiger stated that Greenman hauls 800 tires, and when the semi gets a quarter full, the city is in violation, and he talked with Greenman and the city has been in violation 31 times this year. Mr. Geiger stated that is 31 times that code enforcement should have given the city a citation, and he wants to know why the city can get away with it and everybody else is in violation. Mayor Hurley responded he would have to verify that the city is in violation. Mayor Hurley commented that he would love to have a good working relationship with Mr. Geiger's organization, but the city has to deal with permitted and licensed shredders and haulers. Gene Geiger stated he had all of those. Mayor Hurley commented that he wished Mr. Geiger would have met with Mr. Shea a couple of weeks ago. Mr. Geiger responded he could not have gone anywhere because the day Mr. Shea called him and they made an appointment to meet, that afternoon he received notice in the mail that he was locked out of Linn County. • • November 5, 2007 Page 9 Oral Presentations continued Mr. Geiger stated they were locked out of Black Hawk County and then they sent him to Bremer County. Bremer County closed and sent him back to Black Hawk County, and Black Hawk County is going to charge him $265.00 per ton. Mayor Hurley responded that this body has no control over what the landfills do and don't do. Forrest Dillavou, 1725 Huntington Road, explained he has been working on an issue for about a year and a half. There was a large pile of iron on Shaulis Road which was removed from a bridge approximately 15 to 20 years ago and piled on city property. This iron, according to the department head who finally removed it the other day, was a virtual gold mine. Mr. Dillavou stated he knows several people who are in the scrap business who would have loved to have had this iron. Mr. Dillavou stated when he started on the project he was told that this would have to go out for bid and it was going to take some time. He waited about one year, and then went to the Mayor's office and reiterated to get the iron removed and cash in on it to get the money. Mr. Dillavou stated that in talking to one of the department heads, the city has received five different bids. He doesn't know if it was through a process, but the city received five bids on this pile of iron. This iron was being removed by two gentlemen. They had a note from Bob from the city, and he doesn't know if Bob was going to get part of the money or if there is a Bob. These two guys figured out how to get to the iron, and obviously without getting arrested because he stopped down today and there has been no arrest in the case. They removed the iron for a day, they got caught the second day, consequently stopped and were sent on their way without a citation. The city finally went out there and cut the iron, hauled it, and he assumes that they got several thousand dollars for the department or in the budget. Mr. Dillavou feels that should have been done the first time it was brought up. The city department could have went out there and cut and hauled the iron instead of waiting until the thieves started to remove it. Mr. Dillavou stated he doesn't think the age of these two gentleman should have anything to do with whether or not they are prosecuted, if they were stealing, they should be prosecuted. Mr. Dillavou stated somebody named Bob from City Hall gave these gentlemen a note, and that person should be disciplined or whatever is the appropriate thing to do. The rusty iron has finally been removed after 15 to 20 years. Mayor Hurley explained that the steel was from an old bridge that went across Ridgeway and was hauled to the site. In the early part of the cycle, city departments scavenged it for use. Mayor Hurley stated it did sit there for a long time, and he appreciates Mr. Dillavou's vigilance. Mayor Hurley stated there is no Bob and nobody authorized Bob to write that note, but the main thing is the steel is in the hands of the city utilizing Street Department workers. It is cut into sections and if it hasn't been sold, it will be soon. Certainly, it is worth a lot more today than it would have been many years ago. Mayor Hurley noted that the next council meeting will be Tuesday, November 13, 2007 due to the observance of Veteran's Day on Monday, November 12, 2007. Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 126192 - Schmitt/Cole that the Council adjourn at 6:30 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk November 5, 2007 Oral Presentations continued Mr. Geiger stated they were locked out of Black Hawk County and then they sent him to Bremer County. Bremer County closed and sent him back to Black Hawk County, and Black Hawk County is going to charge him $265.00 per ton. Mayor Hurley responded that this body has no control over what the landfills do and don't do. Page 9 Forrest Dillavou, 1725 Huntington Road, explained he has been working on an issue for about a year and a half. There was a large pile of iron on Shaulis Road which was removed from a bridge approximately 15 to 20 years ago and piled on city property. This iron, according to the department head who finally removed it the other day, was a virtual gold mine. Mr. Dillavou stated he knows several people who are in the scrap business who would have loved to have had this iron. Mr. Dillavou stated when he started on the project he was told that this would have to go out for bid and it was going to take some time. He waited about one year, and then went to the Mayor's office and reiterated to get the iron removed and cash in on it to get the money. Mr. Dillavou stated that in talking to one of the department heads, the city has received five different bids. He doesn't know if it was through a process, but the city received five bids on this pile of iron. This iron was being removed by two gentlemen. They had a note from Bob from the city, and he doesn't know if Bob was going to get part of the money or if there is a Bob. These two guys figured out how to get to the iron, and obviously without getting arrested because he stopped down today and there has been no arrest in the case. They removed the iron for a day, they got caught the second day, consequently stopped and were sent on their way without a citation. The city finally went out there and cut the iron, hauled it, and he assumes that they got several thousand dollars for the department or in the budget. Mr. Dillavou feels that should have been done the first time it was brought up. The city department could have went out there and cut and hauled the iron instead of waiting until the thieves started to remove it. Mr. Dillavou stated he doesn't think the age of these two gentleman should have anything to do with whether or not they are prosecuted, if they were stealing, they should be prosecuted. Mr. Dillavou stated somebody named Bob from City Hall gave these gentlemen a note, and that person should be disciplined or whatever is the appropriate thing to do. The rusty iron has finally been removed after 15 to 20 years. Mayor Hurley explained that the steel was from an old bridge that went across Ridgeway and was hauled to the site. In the early part of the cycle, city departments scavenged it for use. Mayor Hurley stated it did sit there for a long time, and he appreciates Mr. Dillavou's vigilance. Mayor Hurley stated there is no Bob and nobody authorized Bob to write that note, but the main thing is the steel is in the hands of the city utilizing Street Department workers. It is cut into sections and if it hasn't been sold, it will be soon. Certainly, it is worth a lot more today than it would have been many years ago. Mayor Hurley noted that the next council meeting will be Tuesday, November 13, 2007 due to the observance of Veteran's Day on Monday, November 12, 2007. Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 126192 - Schmitt/Cole that the Council adjourn at 6:30 p.m. Ayes: Seven. Motion carried. Nancy ckert, CMC City Clerk •