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HomeMy WebLinkAboutMinutes-04/14/2008• • April 14, 2008 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, April 14, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Cole. Moment of Silence, Pledge of Allegiance: Noel Anderson, Community Planning & Development Director. 126898 - Reggie Schmitt/Welper that the Agenda, as proposed, for the Regular Session on Monday, April 14, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 126899 - Reggie Schmitt/Welper that the Minutes, as proposed, for the Regular Session on Monday, April 7, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Hurley read a Proclamation declaring April 2008 as Fair Housing Month. Mayor Hurley read a Proclamation declaring April 20-26, 2008 as Arbor Week. CONSENT AGENDA 126900 - Reggie Schmitt/Greenwood 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. 1-110, dated April 14, 2008, in the amount of $2,622,004.46, 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. 2008-283. 2. Communication from City Engineer transmitting request of Derrick Reedy for a waiver for a concrete driveway to be located at 3155 Mulberry Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-284. 3. Communication from City Engineer transmitting request of Roger R. Ormord for a waiver for a concrete driveway to be located at 2144 Westview Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-285. 4. Communication from City Clerk transmitting request of Leisure Services Department for a exception to burning yard waste to burn approximately three acres of prairie grass located in the Katoski Greenbelt, north of the shelter on Ridgeway Avenue between April 22 and 24, 2008, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-286. 5. Communication from Police Chief transmitting request of Cool 105.7 Radio to hold 4`h Street Cruise on May 24, 2008 from 12:00 Noon to 4:00 p.m. with cars from the East side traveling from Mulberry Street across the river on Fourth Street to Bluff Street to Park Avenue to Mulberry Street, cars from the West side traveling from Bluff Street across the river on Fourth Street to Mulberry Street to Fifth Street to Bluff Street, together with request to block 700 block of Mulberry and barricades at intersections. Resolution adopted and upon approval by Mayor assigned No. 2008-287. April 14, 2008 Page 2 Consent Agenda continued b. Motion -to approve the following: 1. Jim Noss, Police Officer, to attend Glock Armorer's Course in Des Moines, Iowa on May 20, 2008, with costs not to exceed $150.00, including use of city vehicle. 2. Rita Bollans, Administrative Secretary, to attend Excel Basics and Beyond the Basics Seminar in Cedar Falls, Iowa on May 12-13, 2008, with costs not to exceed $128.00. 3. Wendy Drinovsky, Police Information Systems Manager; and Ruther Muller, Records Clerk; to attend Shielf Spring Training Conference in Johnston, Iowa on April 29 -May 1, 2008, with costs not to exceed $474.00, including use of city vehicle. 4. Nathan Watson, Matthew Miller, Tamara Babb, Michael Girsch and Vaska Tosic, Police Officers, to attend ILEA Basic Training Police Academy in Johnston, Iowa on April 13 -July 18, 2008, with costs not to exceed $25,675.00, including use of city vehicle. c. Beer License Permit Application Class B Waterloo Softball Association, corner of Burton Avenue & Josephine, (New) (4/18/08 - 10/18/08) (Includes Sunday Sales) d. Beer License Permit Application Class C Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/09) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Half Pint Saloon, 1831 Independence Avenue (Expires 4/18/09) (Includes Sunday Sales) Edo's Sports Bar, 110 E. 11th Street (Renewal) (Expires 5/7/09) (Includes Sunday Sales) f. Outdoor Service Area Application Waterloo Softball Association, corner of Burton Avenue & Josephine Half Pint Saloon, 1831 Independence Avenue g. Bonds. Ayes: Six, with Councilperson Steve Schmitt abstaining on the three invoices from Schmitt Telecom Partners in the total amount of $1,169.34. Absent: Cole. Motion carried. HEARINGS & BIDS 126901 - Getty/Hart that proof of publication of notice of public hearing on F.Y. 2008 Public Market Building, Contract No. 738, as published in the Waterloo Courier on March 26, 2008, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 126902 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 126903 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Public Market Building, Contract No. 738", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-288. April 14, 2008 Page 3 Hearings & Bids continued 126904 - Getty/Hart that "Resolution ordering construction in be adopted. Ayes: Six. Absent: Cole. conjunction with above said project", Resolution adopted and upon approval by Mayor assigned No. 126905 - Getty/Hart to receive, file and instruct Engineer for review: 2008-289. City Clerk to open and read bids and refer to City Bid Base Bidder Bond Bid Prairie Construction Co., Inc. 5% $779,000.00 Waterloo, IA Cardinal Construction, Inc. 5% $835,000.00 Waterloo, IA Ayes: Six. Absent: Cole. Motion carried. DOCUMENTS 126906 - Hart/Reggie Schmitt Alternate Alternate No.1 No. 2 $1,443.00 $2,831.00 $1,530.00 $2,825.00 that communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with Earth Tech at a cost of $126,000.00 in conjunction with Commercial Street Parking Garage Repairs, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-290. 126907 - Hart/Reggie Schmitt that communication from Police Chief transmitting agreement with PBI -Tech, LLC to locate a relay antenna on property known as The Bridges, 214 Washington Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-291. 126908 - Hart/Reggie Schmitt that communication from Assistant City Attorney transmitting Acknowledgment/Settlement Agreement in the amount of $300.00 with Kimball Avenue Drug, 2104 Kimball Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-292. 126909 - Hart/Reggie Schmitt that communication Patricia Billington property located at 1730 Revitalization Area, togeth from City Planner transmitting request of Richard and for tax exemptions on improvements totaling $62,086.00 for Butler Avenue located in the Consolidated Urban er with recommendation of approval, be received, placed on file and "Resolution approving said request", Clerk instructed to notify Black Hawk County Assessor of Absent: Cole. be adopted and City same. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2008-293. April 14, 2008 Documents continued 126910 - Hart/Reggie Schmitt Page 4 that communication from Chief Financial Officer transmitting agreement with Berens -Tate Consulting Group at a cost not to exceed $4,000.00 to complete arbitrage rebate calculations for General Obligation Bonds issued in 2003, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-294. 126911 - Hart/Reggie Schmitt that communication from Superintendent of Waste Management Services transmitting application with Iowa Department of Natural Resources for the expansion of the ConAgra/City Flow Equalization and Pretreatment Facility, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-295. RESOLUTIONS TO BE ADOPTED 126912 - Steve Schmitt/Welper that "Resolution renaming a portion of existing public street Bishop Avenue located between MLK Jr. Drive and Independence Avenue as Northeast Drive", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-296. 126913 - Steve Schmitt/Welper that communication from City Planner transmitting request to dedicate the west 7 feet of property generally located at 4707 Hoff Road for utility easement purposes, be received, placed on file and "Resolution approving dedication of said property", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-297. 126914 Steve Schmitt/Welper that "Resolution changing the time for the regular council meeting of Monday, April 28, 2008 to 4:00 p.m., with the council adjourning to 5:30 p.m. for the annexation and rezoning hearings for Elk Run Energy Associates, LLC.", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-298. NEW BUSINESS 126915 - Steve Schmitt/Welper that communication from Superintendent of Streets transmitting request for authorization to be included with Iowa Department of Transportation's bid letting for rock salt for fiscal year 2009, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-299. 126916 - Reggie Schmitt/Welper that the council adjourn to Executive Session at 5:54 p.m. Ayes: Six. Absent: Cole. Motion carried. City Attorney Jim Walsh stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1)(c)(2007). • • • • April 14, 2008 Page 5 EXECUTIVE SESSION 126917 - Reggie Schmitt/Welper that the council adjourn Executive Session at 6:35 p.m. Ayes: Six. Absent: Cole. Motion carried. 126918 - Reggie Schmitt/Welper that the Attorney be authorized to proceed. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 126919 - Reggie Schmitt/Greenwood that the Council adjourn at 6:36 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy Eckert, CMC City Clerk