HomeMy WebLinkAboutMinutes-07/28/2008July 28, 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, July 28, 2008. Mayor Timothy J.
Hurley in the Chair. Roll Call: Cole, Getty, Hart, Welper, Steve Schmitt, Reggie
Schmitt. Absent: Greenwood.
Moment of Silence.
Pledge of Allegiance: St. Eds - Troop 1.
127502 - Reggie Schmitt/Steve Schmitt
that the Agenda, as amended, for the Regular Session on Monday, July 28, 2008,
at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
127503 - Reggie Schmitt/Steve Schmitt
that the Minutes, as proposed, for the Regular Session
at 5:30 p.m., be accepted and approved. Ayes: Six.
Motion carried.
on Monday, July 21, 2008,
Absent: Greenwood.
Mayor Hurley performed Swearing-in of the following Fire Recruits:
Garrett, Kristopher C. Clark, Joshua Meyer, Scott Ernst.
CONSENT AGENDA
127504 - Reggie Schmitt/Steve Schmitt
James M.
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolution to approve the following:
1 Resolution approving Schedule AP642,
amount of $1,387,796.95, a copy of
office, together with recommendation
Resolution adopted and upon approval
b. Motion -to approve the following:
1.
pp. 1-57, dated July 28, 2008, in the
which is on file in the City Clerk's
of approval of the Finance Committee.
by Mayor assigned No. 2008-626.
Robin Means, Fair Housing Coordinator, to attend Fair Housing Training
Week 2 in Washington, DC on September 7-13, 2008, with costs not to exceed
$2,702.65.
2. Luke Even, Forestry Foreman, to attend International Society of
Arboriculture's Annual Conference and Trade Show in St. Louis, Missouri on
July 26-28, 2008, with costs not to exceed $535.00, including use of city
vehicle.
3. Dave Zellhoefer, Assistant City Attorney; and Nancy Eckert, City Clerk; to
attend Open Records and Open Meetings Seminar in Cedar Rapids, Iowa on
August 26, 2008, with costs not to exceed $658.00.
4. Thomas Schuster, Police Officer, to attend Visual Statement Training
Course in Elkhorn, Wisconsin on July 27-30, 2008, with costs not to exceed
$1,138.08, including use of city vehicle.
5. Shawn Bram and Thomas Sullivan, Police Officers, to attend Precision
Driving Instructor School in Johnston, Iowa on August 4-8, 2008, with
costs not to exceed $1,314.00, including use of city vehicle.
c. Solicitation License Application
Waterloo Amvets, 32 Lafayette Street
d. Cigarette/Tobacco Permit Application
Mustang Bar LC, 127 Jefferson Street
Fernando's Bar, 728 Commercial Street
Smitty's Bar, 709 Jefferson Street
July 28, 2008 Page 2
Consent Agenda continued
e. Recycling Yard License Applications for Approval
Airline Auto Plaza, 1346 W. Airline
A -Line Iron and Metal, 808 Dearborn
A -Line Iron and Metal 1500 David
Alter Trading, 1500 W. Airline
Alter Trading, 1491 David
Chase Auto Parts, 1041 Sheffield
Chase Auto Parts, 1117 Sheffield
Jones Metals, 2452 Burton
Kevin's Car and Truck, 953 Fulton
Midwest Auto Parts, 275 Rampart
New Deal Auto Salvage, 612 Power
Northside Auto, 821 Dearborn
Pierce Used Cars, 1500 Commercial
Plum's R&B, 2630 W.C.F.& N. Drive
Quail's Auto Salvage, 202 Glendale
R's Recycling, 110 Court Avenue
Tournier Recycling, 900 Fulton
Vic Fuller Salvage 2113 E. Mitchell
Waterloo Auto Parts, 1501 Grandview
Weekley's Recycling, 105 Dunham Place
Wilber Auto Body, 2220 Easton
f. Recycling Yard License Applications for No Action
Litzkow Auto Parts, 1720 Black Hawk
Pat's Auto Salvage, 924 Lowell
Pat's Auto Salvage, 945 Lowell
Pat's Auto Salvage, 1000 Lowell
Ayes: Six. Absent: Greenwood. Motion carried.
HEARINGS
127505 Getty/Cole
that proof of publication of notice of public hearing on vacation of an alley in
Block 4 of Riverside Addition adjacent to the former Rath Administration
Building at 1515 Sycamore Street without the utility easement, as published in
the Waterloo Courier on July 18, 2008, be received and placed on file. Ayes:
Six. Absent: Greenwood. Motion carried.
127506 This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Reggie Schmitt
that the hearing be closed and recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Six.
Absent: Greenwood. Motion carried.
127507 - Getty/Cole
that "an Ordinance vacating an alley in Block 4 of Riverside Addition adjacent
to the former Rath Administration Building at 1515 Sycamore Street with no
utility easement", be received, placed on file, considered and passed for the
first time. Ayes: Six. Absent: Greenwood. Motion carried.
127508 - Getty/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried.
127509 - Getty/Welper
that "an Ordinance vacating an alley in Block 4 of Riverside Addition adjacent
to the former Rath Administration Building at 1515 Sycamore Street with no
utility easement", be considered and passed for the second and third times and
adopted. Ayes: Six. Absent: Greenwood.
Ordinance adopted and upon approval by Mayor assigned No. 4921.
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July 28, 2008 Page 3
UNFINISHED BUSINESS
127510 - Welper/Steve Schmitt
that communication from Assistant City Engineer transmitting recommendation of
award of contract in the amount of $5,024,362.36 to Cedar Valley Corporation of
Waterloo, Iowa in conjunction with F.Y. 2008 West Commercial Street Extension,
River Road Relocation and Storm Water Pump Station (Base Bid + Alternates 2 and
3), Contract No. 720, be received, placed on file and "Resolution approving
award of said contract", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-627.
127511 - Welper/Steve Schmitt
that communication from Assistant City Engineer transmitting recommendation of
award of contract in the amount of $730,281.00 to Electric Pump, Inc. of Des
Moines, Iowa in conjunction with F.Y. 2008 West Commercial Street Storm Water
Pumps (Base Bid + Alternate 2), Contract No. 750, be received, placed on file
and "Resolution approving award of said contract", be adopted. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-628.
PETITIONS FROM PUBLIC
127512 Hart/Steve Schmitt
that communication from Assistant City Engineer transmitting request of Aspro,
Inc. for a variance to the noise ordinance between the hours of 11:00 p.m. and
7:00 a.m. in conjunction with U.S. Highway 20 Bridges Over U.S. 218 and Hess
Road, IDOT MP -020-2(704)223-76-07, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-629.
DOCUMENTS
127513 Hart/Steve Schmitt
that communication from City Engineer transmitting Notice of Intent for NPDES
Coverage Under General Permit with the Iowa Department of Natural Resources in
conjunction with F.Y. 2007 U.S. 63/Westfield Avenue Connection, Contract No.
730, be received, placed on file and "Resolution approving said notice of
intent", be adopted and Mayor and City Clerk authorized to execute same. Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-630.
127514 - Getty/Reggie Schmitt
that communication from Community Development Director transmitting application
for FY09 Economic Development Initiative Special Purpose Grant funds in the
amount of $196,000.00 for renovation, construction and buildout of the Cedar
Valley TechWorks facility, be received, placed on file and "Resolution approving
said application", be adopted and Mayor authorized to execute same. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-631.
127515 Getty/Reggie Schmitt
that communication from Assistant City Engineer transmitting sanitary sewer
construction plans serving Tower Park Drive Extension, as submitted by VJ
Engineering of Cedar Falls, Iowa, and Treatment Agreement with Iowa Department
of Natural Resources, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor authorized to execute same. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-632.
July 28, 2008 Page 4
Documents continued
127516 - Cole/Steve Schmitt
that communication from Waterloo Housing Authority Director transmitting
agreement with Iowa Finance Authority for State Housing Trust Fund Grant in the
amount of $16,400.00, with local match of $516,541.00, for infrastructure
development for four single-family housing units, be received, placed on file
and "Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-633.
127517 - Cole/Steve Schmitt
that communication from Community Planning & Development Director transmitting
development agreement with Leondorf LLC to make improvements to the site
generally located at the southeast corner of Ansborough Avenue and San Marnan
Drive for development of the Country Club Business Park, including $80,000.00
grant from the city for improvements to San Marnan Drive to begin the Bankers
Boulevard extension to the south, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-634.
127518 - Reggie Schmitt/Welper
that communication from Community Planning & Development Director transmitting a
Temporary Construction Easement with S & J Enterprises of Denver, LC, 722 Water
Street, to allow access for construction of the River Walk system in this block
as part of the Riverfront Renaissance Project, be received, placed on file and
"Resolution approving said temporary easement", be adopted. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-635.
127519 - Reggie Schmitt/Welper
that communication from Building Official/Maintenance Administrator transmitting
Professional Services Agreement with Gilmore and Doyle Mechanical and Electrical
Consulting Engineers at a cost not to exceed $39,200.00 to prepare plans,
specifications for the Waterloo Center for the Arts Air Conditioning Phase I and
Phase II upgrade, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor authorized to execute same. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-636.
127520 - Welper/Reggie Schmitt
that communication from Associate Engineer transmitting Change Order for a net
increase in the amount of $62,400.00 for work performed by Peterson Contractors,
Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Waterloo Dam Rehabilitation
and Riverwall Construction, Contract No. 713, 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.
Councilperson Hart asked if since the damage was caused by the flood would any
of this cost be recoverable from FEMA. Mayor Hurley responded that FEMA will
not cover the damage.
Councilperson Welper asked if the contractor has insurance to cover this
project. Councilperson Welper noted his concern is that if this happens during
construction of the dam, the city will be charged again.
Mayor Hurley noted that the Cedar River has exceeded its base line five or six
times during this project. The base line was written into the contract. The
specifications did note there would be times the river would go over the flow
rates.
Eric Thorson, City Engineer, stated that the contractor could not get insurance
on the coffer dam. The water has been above the 8.0 gauge height over 32
percent of the time, and the contractor has repaired it a couple of times.
• •
•
• •
July 28, 2008 Page 5
Documents continued
Councilperson Reggie Schmitt noted that the flood is an act of God, and the same
thing happened during construction of the 18th Street bridge. Mr. Thorson
responded that there were change orders for the 18th Street bridge in the same
regards.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Greenwood. Motion carried.
127521 - Welper/Reggie Schmitt
that communication from Associate Engineer transmitting Change Order No.1 for a
net increase in the amount of $59,566.72 for work performed by Peterson
Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2008 E. 4th Street
Reconstruction and Streetscape Improvements, Contract 742, 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.
Mayor Hurley explained that when the contractor for this project broke up the
sidewalk, they found that the wire for the traffic signals and streets were too
shallow to allow for reconstruction of the street, parking lanes and sidewalk.
This change order is to reconstruct the existing traffic sign and street systems
in the 100-300 block of East 4th Street.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Greenwood. Motion carried.
127522 - Steve Schmitt/Hart
that communication from Superintendent of Waste Management Services transmitting
Professional Services Agreement with Earth Tech at a cost not to exceed
$20,000.00 in conjunction with a new storage building at the Water Pollution
Control Facility, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor authorized to execute same. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-637.
127523 Steve Schmitt/Hart
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 approving said
agreement", be adopted and Mayor and City Clerk authorized to execute same.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-638.
RESOLUTIONS TO BE ADOPTED
127524 - Getty/Reggie Schmitt
that communication from Mayor Tim Hurley transmitting request of award of
discretionary hotel/motel funds in the amount of $22,275.00 to the Waterloo
Municipal Band, be received, placed on file and "Resolution approving said
request", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Mayor Hurley noted that the council has funded the Waterloo Municipal Band for
the past several years. Mayor Hurley commented that he wholeheartedly supports
funding the Waterloo Municipal Band with discretionary hotel/motel funds because
the band is very good, they are enjoyed by a large following, and they are the
oldest municipal band in Iowa with over 75 years. Mayor Hurley commented he
hopes the council will fund them in the future. The day will come when the city
will have a band shell or amphitheatre where more people can enjoy their
talents.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-639.
July 28, 2008 Page 6
NEW BUSINESS
127525 - Cole/Reggie Schmitt
to instruct Building Official/Maintenance Administrator to prepare plans,
specifications, form of contract, etc. in conjunction with 2008 Pool Renovations
at Gates and Byrnes Pools, be received, placed on file and approved. Ayes:
Six. Absent: Greenwood. Motion carried.
127526 - Cole/Reggie Schmitt
that plans, specifications, form of contract, etc. in conjunction with 2008 Pool
Renovations at Gates and Byrnes Pools, be received and placed on file. Ayes:
Six. Absent: Greenwood. Motion carried.
127527 - Cole/Reggie Schmitt
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-640.
127528 - Cole/Reggie Schmitt
that "Resolution setting date of hearing
contract, etc. as August 18, 2008 at 5:30 p
and taking of bids on the above described
instructed to publish notice of same. Ayes:
on plans, specifications, form of
.m. in the City Hall Council Chambers
project", be adopted and City Clerk
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2008-641.
ORAL PRESENTATIONS
127529 - Kevin Griffith spoke about the Hairdressers Aiding Iowa Relief event to be held
on Sunday, October 26, 2008 at the Five Sullivan Brothers Convention Center.
One of the partners from Beauty Industry Solutions of Minnesota is from
Parkersburg, Iowa where her family still resides. The hair show is a benefit to
raise money to help cosmetologists and salons in Iowa that were affected by the
recent floods and tornados. The proceeds from the show will stay in Iowa. The
event will be open to cosmetology students, educators, salon owners and licensed
professionals. A student team fantasy competition will take place as well as
main stage performances and classroom education. A vendor area will be provided
for manufacturers and distributors to showcase features and benefits of their
companies. A portion of the show will be open to the public to allow them to
support their local salons and industry professionals. They are reaching out to
industry and community partners such as Cosmetologists and Barbers of Iowa,
Cosmetology School Owners Association, Iowa State Board of Cosmetology, and the
Waterloo Convention and Visitors Bureau. Mr. Griffith stated they expect
between 500 and 1,000 cosmetologists to attend this event.
Mayor Hurley noted that he has received a request from this organization
discretionary hotel/motel funds. Mayor Hurley explained that he and
members will deliberate on the funding request, but he could not
anything tonight. Mayor Hurley stated the request could possibly be
August 18 or August 25, 2008 council agenda.
Cole/Welper
for
council
promise
on the
that the above oral and written comments be received and placed on file. Ayes:
Six. Absent: Greenwood. Motion carried.
127530 - Reggie Schmitt/Steve Schmitt
J
that the council adjourn to Executive Session at 6:10 p.m. Ayes: Six. Absent:
Greenwood. Motion carried.
City Attorney Jim Walsh stated that discussion of acquisition of property is an
approved topic of Executive Session pursuant to Iowa Code Section
21.5 (1) (j) (2007) .
• •
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July 28, 2008 Page 7
EXECUTIVE SESSION
127531 - Reggie Schmitt/Cole
that the council adjourn Executive Session at 6:40
Greenwood. Motion carried.
127532 - Reggie Schmitt/Cole
p.m.
Ayes: Six. Absent:
that the Community Planning and Development Director be authorized to proceed on
acquisition of three properties. Ayes: Six. Absent: Greenwood. Motion
carried.
ADJOURNMENT
127553 - Reggie Schmitt/Cole
that the Council adjourn at 6:41 p.m. Ayes: Six. Absent: Greenwood. Motion
carried.
Nancy Eckert, CMC
City Clerk