HomeMy WebLinkAboutMinutes-09/10/2007September 10, 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, September 10, 2007. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole,
Schmitt.
Moment of Silence.
Pledge of Allegiance: Dennis Clark, General Manager of Waterloo Water Works.
125882 Schmitt/Kincaid
that the Agenda, as amended deleting Item 13, for the Regular Session on Monday,
September 10, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven.
Motion carried.
125883 Schmitt/Kincaid
that the Minutes, as proposed, for the Regular Session on Tuesday, September 4,
2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Hurley read a Proclamation declaring September 15, 2007 as Prisoner-of-
War/Missing-In-Action Recognition Day.
CONSENT AGENDA
125884 - 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. 1-58, dated September 10, 2007,
in the amount of $1,739,687.16, 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. 2007-774.
2. Communication from City Clerk transmitting request of East High School to
hold Homecoming Bonfire in the south gravel lot of East High School from
7:30 to 9:00 p.m. on October 4, 2007, together with recommendation of
approval of Fire Chief.
Resolution adopted and upon approval by Mayor assigned No. 2007-775.
3. Communication from City Clerk transmitting request of West High School to
hold Homecoming Bonfire in the back parking lot of West High School from
8:00 to 9:00 p.m. on September 26, 2007, together with recommendation of
approval of Fire Chief.
Resolution adopted and upon approval by Mayor assigned No. 2007-776.
4. Communication from City Clerk transmitting request of Silver Eagle Harley-
Davidson, 4022 Sergeant Road, to hold a bonfire in the parking lot behind
their building from 8:00 - 10:00 p.m. on September 28, 2007, together with
recommendation of approval of Fire Chief.
Resolution adopted and upon approval by Mayor assigned No. 2007-777.
5. Communication from City Clerk transmitting request of Silver Eagle Harley-
Davidson, 4022 Sergeant Road, for a variance to the Noise Ordinance on
September 28, 2007 from 5:00 - 10:00 p.m. in conjunction with a live band
playing in the parking lot behind their building, together with
recommendation of approval of Police Chief.
Resolution adopted and upon approval by Mayor assigned No. 2007-778.
b. Motion -to approve the following:
1. Rudy Jones, Community Development Director; and Donna Lesyshen, Waterloo
Housing Partnership Coordinator; to attend IHOEP 2007 Housing Iowa
Conference in Des Moines, Iowa on October 23-24, 2007, with costs not to
exceed $364.00, including use of city vehicle.
September 10, 2007 Page 2
Consent Agenda continued
2. Greg Fangman, Police Sergeant; and Augustin Farmer, Police Officer; to
travel to Vohne Liche Kennels in Denver, Indiana on September 9-11, 2007,
with costs not to exceed $700.00, including use of city vehicle.
3. Kevin Boyland, Police Officer, to attend Fundamentals of Fingerprinting
Course in Des Moines, Iowa on September 10-14, 2007, with costs not to
exceed $565.00, including use of city vehicle.
4. Public Safety Officers to attend MidStates Organized Crime Information
Center 27th Annual Conference and Training Session in Appleton, Wisconsin
on September 24-28, 2007, with costs not to exceed $7,742.00, including
use of city vehicle.
5. Cammie Scully, Director; and Kent Shankle, Curator; to travel to
Guanajuato, Mexico on March 25, 2008 - April 10, 2008, with costs not to
exceed $3,596.00.
c. Beer/Wine License Permit Application
Special Class C
Highway 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 11/4/08) (Includes
Sunday Sales)
d. Wine License Permit Application
Class B
Aldi Inc., 1918 Schukei Road (Renewal) (Expires 11/3/08) (Includes Sunday
Sales)
Kum N Go, 1104 Washington Street (Renewal) (Expires 11/2/08) (Includes Sunday
Sales)
e. Beer License Permit Application
Class C
Aldi Inc., 1918 Schukei Road (Renewal) (Expires 11/3/08) (Includes Sunday
Sales)
Kum N Go, 1104 Washington Street (Renewal) (Expires 11/2/08) (Includes Sunday
Sales)
Kum N Go, 1976 Franklin Street (Renewal) (Expires 11/2/08) (Includes Sunday
Sales)
f. Beer/Liquor License Permit Application
Class C
Casey's 218 Pub, 4010 - 4018 University Avenue (Ownership Change) (Expires
10/01/07)
Prior to a vote on the above motion, the following comments were heard.
Councilperson Kincaid asked if a fire truck will be at the bonfires for the East
High and West High homecomings and also for the Silver Eagle Harley-Davidson
bonfire, and when the bonfires are over how do they put them out.
Doug Carter, Fire Chief, responded they did not request a dedicated fire truck,
but the Fire Department intends to have one on scene as best they can. The Fire
Department will be there towards the end to make sure it is extinguished. Chief
Carter noted that he spoke with the applicants and asked them for very specifics
as far as safety related adult supervision, water source availability and what
they are going to burn. Mayor Hurley commented when they do something like this
they do have their own water supply or extinguisher available.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
HEARINGS & BIDS
125885 - Greenwood/Welper
that proof of publication of notice of public hearing on purchase of 2008 Hot
Asphalt Patcher Installed on 2008 Medium Class Truck Chassis, as published in
the Waterloo Courier on August 31, 2007, be received and placed on file. Ayes:
Seven. Motion carried.
125886 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Greenwood/Schmitt
that the hearing be closed. Ayes: Seven. Motion carried.
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September 10, 2007
• •
Hearings & Bids continued
125887 - Greenwood/Schmitt
Page 3
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with the purchase of 2008 Hot Asphalt Patcher Installed on 2008
Medium Class Truck Chassis", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-779.
125888 - Greenwood/Schmitt
that "Resolution authorizing to proceed in conjunction with above purchase", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-780.
125889 - Greenwood/Schmitt
to receive, file and instruct City Clerk to open and read bids and refer to
Superintendent of Central Garage for review:
Bidder
Hawkeye International, Waterloo, IA
Don's Truck Sales, Fairbank, IA
Truck Country, Cedar Rapids, IA
H.D. Industries, Jacksonville, TX
Ayes: Seven. Motion carried.
125890 - Gunderson/Cole
Bid Amount
$105,844.98
$103,740.00
$101,607.00
$102,393.00
that proof of publication of notice of public hearing on F.Y. 2007 Permanent
Closure of Railroad Crossing Across Black Hawk Creek, Contract No. 728, as
published in the Waterloo Courier on August 22, 2007 and notice to bidders, as
published in the Waterloo Courier on August 16, 2007, be received and placed on
file. Ayes: Seven. Motion carried.
125891 - 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.
125892 Gunderson/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the F.Y. 2007 Permanent Closure of Railroad Crossing
Across Black Hawk Creek, Contract No. 728", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-781.
125893 Gunderson/Welper
that "Resolution ordering construction in conjunction with above project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-782.
125894 - Gunderson/Welper
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
Bidder Bid Bond Bid Amount
Benton's Sand and Gravel, Inc., Cedar Falls, IA 5% $94,481.25
Peterson Contractors, Inc., Reinbeck, IA 5% $66,172.50
Ayes: Seven. Motion carried.
September 10, 2007 Page 4
HEARINGS
125895 - Welper/Gunderson
that proof of publication of notice
Agreement with Iowa Community Credit
311-313 West 18t Street and 220-222
Waterloo Courier on August 30, 2007,
Seven. Motion carried.
of public hearing on Property Exchange
Union for property generally located at
Jefferson Street, as published in the
be received and placed on file. Ayes:
125896 - 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. Ayes: Seven. Motion carried.
125897 - Welper/Gunderson
that "Resolution approving said property exchange agreement", be adopted and
Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-783.
DOCUMENTS
125898 Getty/Cole
that communication from Community Planning & Development Director transmitting
Contracts, Bonds and Certificates of Insurance in the amount of $375,166.85 with
Enviromark Corporation of Davenport, Iowa in conjunction with F.Y. 2007 CMC
Parcel 2 Cleanup, Alternate 1, Contract No. 725, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor and City Clerk
authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Don Temeyer, Community Planning & Development Director, explained that the
property is enrolled in the land recycling program. Mr. Temeyer noted that the
city expects to receive a No Further Action Certificate from the Iowa Department
of Natural Resources, which will in effect give the property a clean bill of
health so someone can proceed without fear of previous contamination.
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. 2007-784.
125899 - Getty/Cole
that communication from City Clerk transmitting application with Iowa Department
of Transportation to place signs within State Highway Right of Way to allow Five
Star Snow Trails Association to place snowmobile trail signs on city right-of-
way, be received, placed on file and "Resolution approving said application", be
adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-785.
125900 - Getty/Cole
that communication from Community Planning & Development Director transmitting
amendment #3 to agreement with Craig Ritland Landscape Architects for
construction inspection services at the Waterloo Exposition Grounds on an hourly
basis with costs not to exceed $159,000.00, subject to funding approval from
Black Hawk County Gaming Association and Waterloo Development Corporation, 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. 2007-786.
• •
September 10, 2007
• •
Documents continued
125901 - Getty/Cole
Page 5
that communication from Superintendent of Waste Management Services transmitting
Supplemental Agreement No. 2 with Earth Tech at a cost of $7,500.00 for
engineering services in conjunction with Odor Control Facility at Easton Avenue
Water Pollution Control Facilities, Contract No. 653, 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. 2007-787.
125902 - Cole/Schmitt
that communication from Senior Planner transmitting request of M.E.N.D., LLC for
tax exemptions on improvements totaling $147,000.00 for 1000 Bishop 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. 2007-788.
125903 - Cole/Schmitt
that communication from Airport Director transmitting agreement with Federal
Aviation Administration for FAA grant in the amount of $609,520.00, with
required 5 percent city match, for the Taxiway "A" Rehabilitation Project at the
Waterloo Regional Airport, 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. 2007-789.
125904 - Cole/Schmitt
that communication from Airport Director transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $532,192.96 with Cedar Valley
Corporation of Waterloo, Iowa in conjunction with Rehabilitation of Taxiway "A"
at the Waterloo Regional Airport, be received, placed on file and "Resolution
approving said documents", 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 pointed out that this project is 95 percent funded by the Federal
Aviation Administration grant and 5 percent with the Passenger Facility Charge
fee and not by the general fund or bond money.
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. 2007-790.
125905 - Cole/Schmitt
that communication from Leisure Services Director transmitting agreement with
Struxture Architects at a cost of $12,500.00 for Phase IV to include remodeling
of East Concession Stand and adding Plaza Area at Riverfront Stadium, 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. 2007-791.
NEW BUSINESS
125906 - Kincaid/Schmitt
that communication from
purchase a demonstrator
$32,003.00, be received,
as September 24, 2007,
above described request"
of same. Ayes: Seven.
Superintendent of Central Garage transmitting request to
truck mounted traffic line paint machine at a cost of
placed on file and "Resolution setting date of hearing
at 5:30 p.m. in the City Hall Council Chambers on the
, be adopted and City Clerk instructed to publish notice
Resolution adopted and upon approval by Mayor assigned No. 2007-792.
September 10, 2007
New Business continued
125907 - Kincaid/Schmitt
Page 6
that communication from Superintendent of Central Garage transmitting request to
purchase a used 1990 Sno-Go Model MP3D Loader Mounted Snow Blower at a cost of
$38,143.00, be received, placed on file and "Resolution setting date of hearing
as September 24, 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. 2007-793.
ORAL PRESENTATIONS
125908 - Merritt Terrell, 1046 Independence Avenue, spoke about the Vision Iowa Project
and his proposed Riverwalk. Mr. Terrell noted that the Riverwalk between 11th
and 18th Streets is included in his River Renaissance proposal although it looks
like somebody might have modified it just a little bit, but it turned out really
nice and whoever did the job they did great, and the bridge is really nice. Mr.
Terrell stated that former mayor Rooff and the mayor of Evansdale saw his
proposal with his riverwalk. Mr. Terrell explained that he also had a hydro-
electric power plant design for Robinson-Crusoe Island, which would have been
very feasible as it would have controlled the water above the city and would
have been a public place for people to fish. Mr. Terrell stated he never heard
any mention of any other powerplant until afterwards they came up with the coal
plant that they are putting out on his side of town. Mr. Terrell stated that
MidAmerican Energy has commercials indicating that hydro electric power and
hydro fan power from the air was the cleanest power that was possible. Yet they
basically didn't back him on his proposal when they would have made out really
nice and it could have benefited everybody in the city. Mr. Terrell stated they
went ahead with the rubber dam, they already started working on it and he feels
it turned into a small little disaster. They put in thousands of tons of dirt
so they could get out there to work on it, the water came up and basically
washed the dirt into every little pothole below the dam. Mr. Terrell stated he
grew up by the river, watched the river all his life, and now in his area behind
Steve Decker's folk's house the water is less than ankle deep, that the whole
river basically is ankle to waist deep. Mr. Terrell stated he gave them a
couple of better proposals which kind of fell through. Mr. Terrell stated he
was wondering who was getting credit for the Riverwalk because he mentioned to a
couple of people that it was his idea, he had lots of witnesses who saw his
proposal, and he just wanted people to know it was actually his idea.
Mr. Terrell stated that he was riding his bicycle in the downtown the other
night, and the police gave him a really hard time because he was riding on the
sidewalk. The police said there was an ordinance which prohibits riding a
bicycle on the sidewalk, and he feels that endangers a lot of little children.
Mr. Terrell stated the police officer told him he has to drive his bicycle on
the street in the downtown area, they tried to pick a fight with him and tried
to take him to jail. Mayor Hurley responded the city does have an ordinance
which prohibits riding a bicycle on the sidewalk.
Willie Smith, a member of Rolling Thunder Chapter 1, presented a flyer
describing the POW/MIA Recognition Day Ceremony on September 15, 2007 at the
National Cattle Congress Grounds.
Getty/Cole
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
125909 - Schmitt/Gunderson
that the Council adjourn at 6:03 p.m. Ayes: Seven. Motion carried.
Nancy \lickert, CMC
City Clerk
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