HomeMy WebLinkAboutMinutes-06/28/2010June 28, 2010
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, June 28, 2010. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood.
Moment of Silence.
Pledge of Allegiance: Paul Huting, Leisure Services Director.
134767 - Hart/Schmitt
that the Agenda, as amended by changing #27, for the Regular Session on Monday,
June 28, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent:
Greenwood. Motion carried.
134768 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 21, 2010,
at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion
carried.
Mayor Clark read a Proclamation declaring July 2010 as the 20th Anniversary of
the American's with Disabilities Act.
Presentation - From the Heart: Waterloo Home Enhancement Project - Update and
Information from Groupwork Camps Director and local From the Heart Organizers.
CONSENT AGENDA
134769 - Hart/Schmitt
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Schedule AP642, pp. 1-124, dated June 28, 2010, in the amount of
$2,290,859.15, 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. 2010-525.
2. Request to certify the following assessments to properties for work
performed by the Water Works, together with recommendation of approval of
Board of Water Works Trustees:
Submitted by Dennis Clark, General Manager of Waterloo Water Works
Resolution adopted and upon approval by Mayor assigned No. 2010-526.
3. Request of the Black Hawk County 4-H Shooting Sports group for a variance
to the Code of Ordinances concerning discharging of weapons (5-2-6B) to
fire air rifles on July 30, 2010 as part of the Black Hawk County 4-H &
FFA Fair being held at the National Cattle Congress Fairgrounds.
Submitted by Daniel J. Trelka, Chief of Police
Resolution adopted and upon approval by Mayor assigned No. 2010-527.
4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with Blue River of 315 W. 4th Street, for sale of tobacco, tobacco
products or cigarettes to persons under 18 years of age.
Submitted by David R. Zellhoefer, Assistant City Attorney
Resolution adopted and upon approval by Mayor assigned No. 2010-528.
5. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with Liquor and Tobacco Outlet of 5154 Broadway Street, for sale of
tobacco, tobacco products or cigarettes to persons under 18 years of age.
Submitted by David R. Zellhoefer, Assistant City Attorney
Resolution adopted and upon approval by Mayor assigned No. 2010-529.
Address
Amount to
certify
415
East
8th Street
$2,677.85
Submitted by Dennis Clark, General Manager of Waterloo Water Works
Resolution adopted and upon approval by Mayor assigned No. 2010-526.
3. Request of the Black Hawk County 4-H Shooting Sports group for a variance
to the Code of Ordinances concerning discharging of weapons (5-2-6B) to
fire air rifles on July 30, 2010 as part of the Black Hawk County 4-H &
FFA Fair being held at the National Cattle Congress Fairgrounds.
Submitted by Daniel J. Trelka, Chief of Police
Resolution adopted and upon approval by Mayor assigned No. 2010-527.
4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with Blue River of 315 W. 4th Street, for sale of tobacco, tobacco
products or cigarettes to persons under 18 years of age.
Submitted by David R. Zellhoefer, Assistant City Attorney
Resolution adopted and upon approval by Mayor assigned No. 2010-528.
5. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with Liquor and Tobacco Outlet of 5154 Broadway Street, for sale of
tobacco, tobacco products or cigarettes to persons under 18 years of age.
Submitted by David R. Zellhoefer, Assistant City Attorney
Resolution adopted and upon approval by Mayor assigned No. 2010-529.
June 28, 2010
Page 2
6. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with Smitty's Bar of 709 Jefferson Street, for sale of tobacco, tobacco
products or cigarettes to persons under 18 years of age.
Submitted by David R. Zellhoefer, Assistant City Attorney
Resolution adopted and upon approval by Mayor assigned No. 2010-530.
7. Acceptance of Acknowledgment/Settlement Agreement in the amount of
$1,500.00 and 30 day suspension with Metro Mart 4 of 2332 Falls Avenue,
for sale of tobacco, tobacco products or cigarettes to persons under 18
years of age.
Submitted by David R. Zellhoefer, Assistant City Attorney
Resolution adopted and upon approval by Mayor assigned No. 2010-531.
8. Request by Hagarty - Waychoff - Grarup Funeral Service for a concrete
driveway to be located at 300 West Ridgeway Avenue, together with
recommendation of approval of City Engineer.
Submitted by Eric Thorson, P.E., City Engineer
Resolution adopted and upon approval by Mayor assigned No. 2010-532.
9. Resolution approving the cancellation of assessment for 301-303 Adams
Street in the amount of $1,135.00, and authorizing City Clerk to notify
Black Hawk County Treasurer of said cancellation.
Submitted by Suzy Schares, City Clerk
Resolution adopted and upon approval by Mayor assigned No. 2010-533.
10. Resolution authorizing the transfer of $8,335,000.00 from Trust & Agency
Fund to General Fund to reimburse the General Fund for employee benefits.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-534.
11. Resolution authorizing the transfer of $340,147.00 from Trust & Agency
Fund to Road Use Tax Fund to reimburse the Road Use Tax Fund for employee
benefits paid.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-535.
12. Resolution authorizing the transfer of $558,105.61 from Trust & Agency
Fund to General Fund to reimburse the General Fund for emergency levy.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-536.
13. Resolution authorizing the transfer of $49,762.50 from General Fund to
Debt Service Fund in payment of debt payments made for the Five Sullivan
Brothers Convention Center Renovation.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-537.
14. Resolution authorizing the transfer of $400,180.00 from General Fund to
Debt Service Fund in payment of Vision Iowa portions of general obligation
bond principal and interest.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-538.
15. Resolution authorizing the transfer of $2,177,905.42 from Tax Increment
Financing Fund to Debt Service Fund for TIF portions of general obligation
bond principal and interest.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-539.
16. Resolution authorizing the transfer of $1,887,642.34 from Sewer Fund to
Debt Service Fund for the sewer fund portion of general obligation bond
principal and interest.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-540.
• •
• •
June 28, 2010
Page 3
17. Resolution authorizing the transfer of $578,070.00 from Sewer Fund to Debt
Service Fund for the sewer fund portion for the general obligation bond
issue refunded.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-541.
18. Resolution authorizing the transfer of $27,467.61 from General Fund to
Vision Iowa Projects Fund to pay for construction and related engineering
services for the Riverwalk Loop, Cedar River Dam, Cedar River Plaza and
the Amphitheatre.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-542.
19. Resolution authorizing additional transfers from General Fund to Vision
Iowa Projects Fund to cover all additional expenses incurred through June
30, 2010 not previously transferred.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-543.
20. Resolution authorizing the transfer of $997,478.84 from General Fund to
Debt Service Fund to pay the principal and interest on the loan borrowed
for the Riverwalls construction that is part of the Vision Iowa projects.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-544.
21. Resolution authorizing the transfer of investment earnings in the amount
of $10,631.57 from Section 108 Program Fund to Debt Service Fund for the
repayment of the loan borrowed for the Riverwalls construction.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-545.
22. Resolution authorizing the transfer of $1,275,400.97 from Tax Increment
Financing Fund to Capital Improvements Fund to reimburse amounts paid for
the following projects: LaForge economic development grant; L&H Farms
land purchase; Dry Run Creek sewer study; Secor Investments economic
development grant; Rath asbestos removal; Crystal Distribution Section 108
loan preparation; CMC Site land purchase; Veteran Enterprises economic
development grant; Martin Road sanitary sewer design; and East Fourth
Street Streetscape Project.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-546.
23. Resolution authorizing additional transfers from the Tax Increment
financing Fund to the Capital Improvements Fund in an amount o cover all
additional expenses incurred through June 30, 2010 for the East Fourth
Street
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-547.
24. Resolution authorizing the transfer from Tax Increment Fund to Airport FAA
Projects Fund for repayment in the amount of $111,618.00 for the release
of land by the FAA at the Waterloo Regional Airport.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-548.
25. Resolution authorizing the transfer of $104,100.00 from Tax Increment
Financing Fund to the General Fund to reimburse contract expenses paid by
the General Fund for TIF Contract expenses.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution adopted and upon approval by Mayor assigned No. 2010-549.
26. Resolution authorizing the transfer of $10,350.00 from Capital
Improvements Fund to June 2007 General Obligation Bond Fund to reimburse
for initial design costs of the new fire Station #8 incurred in FY09 prior
to the sale of the existing Fire Station #8.
Submitted by Michelle Weidner, Chief Financial Officer
Resolution' adopted and upon approval by Mayor assigned No. 2010-550.
June 28, 2010 Page 4
27. Request for a temporary variance to the truck embargo on East Donald
Street between Logan Avenue and East 4th Street for six month beginning
June 28, 2010 to allow Active Thermal Concepts to use this portion of East
Donald Street during the Phase 2 demolition of Chamberlain Manufacturing
facility.
Submitted by Dennis Gentz, P.E., Assistant City Engineer
Resolution adopted and upon approval by Mayor assigned No. 2010-551.
b. Motion to approve the following:
1.
2.
3.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Kent Shankle,
Curator
Travel to gallery
to select works
for exhibition of
art at Center for
the Arts
Chicago,
Illinois
June 30-
July 1,
2010
$330.00
Abraham Funchess,
Executive Director;
Robin Means, Fair
Housing Coordinator
and two (2)
Commissioners
2010 National Fair
Housing Policy
Conference
New
Orleans,
Louisiana
July 18-
24, 2010
$7,200.00
Mohammad Elahi,
Traffic Engineer
Institute of
Traffic Engineers
2010 Annual
Meeting and
Exhibit
Vancouver,
British
Columbia,
Canada
August 7-
12, 2010
$765.00
4. Recommendation of appointment of Christa Miehe to the Waterloo Convention
and Visitors Bureau, with term expiration of June 30, 2013.
Submitted by Aaron Buzza, Executive Director of Waterloo Convention &
Visitors Bureau with approval of Mayor Buck Clark
5. Recommendation of appointment of Shelly Olsson to the position of Central
Garage Administrative Secretary, effective July 1, 2010.
Submitted by Mark Rice, Superintendent of Central Garage
6. Liquor License Permit Application
Class C
The Drunken Monkey, 307 W. 4th Street (Renewal) (Expires 6/30/2011)
(Includes Sunday Sales)
7. Beer/Wine License Permit Application
Special Class C
Gary's Restaurants & Catering, 2820 Falls Avenue (Renewal) (Expires
6/14/2011)
8. Liquor License Permit Application
Class E
XO Food & Liquor, 428 Franklin Street (New Owner) (Expires 12/14/2010)
(Includes Sunday Sales)
9. Cigarette/Tobacco Permit Application
Johnson Grocery/Hometown foods, 1010 E. Mitchell Avenue
A & S Petroleum Inc./King Star, 127 Jefferson Street
Kwik Stop, 1104 Washington Street
Councilperson Getty, I have one quick question on item number 23. Do we have a
figure of how much that item number 23 is going to cost? That's the resolution
authorizing additional transfers from the Tax Increment financing Fund.
Mayor Clark, I don't Harold but I'm hoping that our Chief Financial Officer will
have something for us.
Michelle Weidner, Chief Financial Officer, we actually do not have that amount
yet. That contract is still open. And there may be payables that contractors
have not reported amounts to us yet and that's why we have this motion on. And
that would be to pick up any final payments for any work being done now that we
haven't been billed for yet.
• •
• •
June 28, 2010 Page 5
Mayor Clark, will be at some point have a number for that Michelle?
Ms. Weidner, it may be a while yet but yes eventually we will. That's why we
need to leave that open until we get that.
Mayor Clark, so this is a common thing we do?
Ms. Weidner, it's a common thing we do with the projects, yes, to get the
payables in.
Councilperson Hart, I would also like to point out just several of the items
that are law enforcement is making sure that they step up the efforts
continuously to force those that sell tobacco, cigarettes and those different
types of things to people that are under age so I would like to acknowledge that
as well.
Ayes: Six. Absent: Greenwood. Motion carried.
PUBLIC HEARINGS
134770 - Schmitt/Welper
that proof of publication of notice of public hearing on Sale and conveyance of
city -owned property generally located at 231 and 251 Jackson Street for $1.00 to
Iowa Habitat for Humanity, as published in the Waterloo Courier on June 22,
2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion
carried.
134771 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Ayes Six. Absent: Greenwood. Motion carried.
134772 - Schmitt/Welper
that "Resolution authorizing said sale and conveyance", be adopted. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-552.
137773 - Schmitt/Welper
that "Resolution approving Development Agreement, and authorizing Mayor and City
Clerk to execute said document", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-553.
134774 - Hart/Getty
that proof of publication of notice of public hearing on Purchase of Self
Contained Breathing Apparatus (SCBA) Equipment, as published in the Waterloo
Courier on June 22, 2010, be received and placed on file. Ayes: Six. Absent:
Greenwood. Motion carried.
134775 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Getty
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Six. Absent: Greenwood. Motion carried.
134776 - Hart/Getty
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of Self Contained Breathing Apparatus (SCBA)
Equipment", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-554.
134777 - Hart/Getty
that "Resolution authorizing to proceed in conjunction with above purchase", be
adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-555.
June 28, 2010 Page 6
134778 - Hart/Getty
to receive, file and instruct City Clerk to open and read bids and refer to Fire
Chief for review:
Bidder
Bidder
Bid Amount
Sandry Fire Supply,
618 6th Street
DeWitt, IA 52742
LLC
$176,640.00
Ayes: Six. Absent: Greenwood. Motion carried.
134779 - Hart/Getty
that proof of publication of notice of public hearing on Purchase of Snow
Removal Equipment Plow and De -Icing Vehicle, as published in the Waterloo
Courier on June 22, 2010, be received and placed on file. Ayes: Six. Absent:
Greenwood. Motion carried.
134780 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Getty
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Six. Absent: Greenwood. Motion carried.
134781 - Hart/Getty
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of Snow Removal Equipment Plow and De -Icing Vehicle",
be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-556.
134782 - Hart/Getty
that "Resolution authorizing to proceed in conjunction with above purchase", be
adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-557.
134783 - Hart/Getty
to receive, file and instruct City Clerk to open and read bids and refer to
Airport Director for review:
Snow Removal Equipment Plow
Bidder
Bid Amount
Ground Support Specialist
2205 Cole Road
Horn Lake, MS 38637
$159,900.00
De -Icing Vehicle
Bidder
Bid Amount
Trans Iowa Equipment, Inc.
4607 SE Rio Ct
Ankeny, IA 50021
$585,000.00
Ayes: Six. Absent: Greenwood. Motion carried.
RESOLUTIONS
134784 - Cole/Welper
that "Resolution approving Convention & Visitors Bureau Board recommendations
for funding of FYE2010 hotel/motel tax mini grants in the amount of $1,000.00
for Bottom of the Net, $1,000.00 for Cedar Trails Partnership and $3,000.00 for
Waterloo Center for the Arts", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-558.
• •
• •
June 28, 2010 Page 7
134785 - Cole/Welper
that "Resolution approving agreement with Terracon of Cedar Falls, Iowa in an
amount not to exceed $7,000.00 for construction observation and testing services
in conjunction with Fire Station No. 8", be adopted. Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-559.
134786 - Cole/Welper
that "Resolution approving award of bid to Flint Hills Resources, LP of Dubuque,
Iowa for products used for oiling and chip sealing; and Bituminous Materials &
Supply, LP of Des Moines, Iowa for products used for fog sealing and making oil
dirt in a total amount not to exceed $155,000.00", be adopted. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-560.
134787 - Getty/Hart
that "Resolution approving submission of applications to Iowa Department of
Economic Development for funds in conjunction with Multi -Family (Rental) Unit
Production - New Construction Program - Round 2", be adopted. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-561.
134788 - Getty/Hart
that "Resolution approving an amendment to a contract with the Iowa Department
of Economic Development for an additional $1,047,100.00 CDBG Supplemental Funds
for the purpose of funding Single -Family New Construction Unit Production -
Round 2, and authorizing Mayor to execute said document", be adopted. Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-562.
134789 - Getty/Hart
that "Resolution approving submission of an application to the Department of
Justice, Bureau of Justice Assistance for the FY 2010 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program for sharing of funding in the amount of
$108,069.00 with the City of Cedar Falls and Black Hawk County", be adopted.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-563.
134790 - Welper/Hart
that "Resolution approving the acceptance of the 2010-2011 Federal Violence
Against Women grant from the Department of Justice, Crime Victim Assistance
Division in the amount of $38,051.00, with a city match of $12,684.00", be
adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-564.
134791 - Welper/Hart
that "Resolution approving a Memorandum of Understanding with the City of Cedar
Falls and Black Hawk County for the allocation of FY 2010 Justice Assistance
Grant (JAG) in the amount of $108,069.00 for funding of Tri -County Drug Task
Force", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-565.
134792 - Welper/Hart
that "Resolution approving the submission of a grant application to Black Hawk
County Gaming Association for $70,000.00 to be used for the Ambulance Record
Reporting project", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-566.
June 28, 2010 Page 8
134793 - Schmitt/Hart
that "Resolution approving Professional Services Agreement with Wayne Claassen
Engineering and Surveying, Inc. of Waterloo, Iowa at an estimated cost of
$40,000.00 for construction related services in conjunction with F.Y. 2010 E.
Sixth Street Storm Pump Station Improvements, Contract No. 716", be adopted.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-567.
134794 - Schmitt/Hart
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Magee Construction Company, Inc. of Cedar Falls,
Iowa at a total cost of $70,544.00 in conjunction with F.Y. 2010 Fletcher Avenue
Flood Gate Repairs, Contract No. 753, and two-year Maintenance Bond be received
and placed on file", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-568.
134795 - Schmitt/Hart
that "Resolution approving request to install temporary Yield sign at the
intersection of Anita Street and Sherman Avenue due to the E. 4th Street
construction project detours", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-569.
134796 - Cole/Hart
that "Resolution approving request to install temporary Yield sign at the
intersection of Leavitt Street and Randolph Street due to the Williston Avenue
construction project detour", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-570.
134797 - Cole/Hart
that "Resolution approving amendment to permit fee schedules", be adopted.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-571.
134798 - Cole/Hart
that "Resolution approving amendment to plan review fee schedules", be adopted.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-572.
134799 - Cole/Hart
that "Resolution approving the use of Martin Road Tax Increment Financing funds
for the provision of design and development services", be adopted. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-573.
134800 - Hart/Schmitt
that "Resolution approving the use of Rath Increment Financing funds for the
provision of services to assist borrowers expanding in the Rath Urban Renewal
Area", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-574.
134801 - Hart/Schmitt
that "Resolution approving City of Waterloo refinancing of existing loan in an
amount not to exceed $245,763.30 with City's guaranty to be limited to the
existing principal balance plus unpaid interest on that portion and authorizing
Mayor and City Clerk to sign and fully execute any necessary documents", be
adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-575.
• •
June 28, 2010
ORDINANCES
134802 - Getty/Cole
Page 9
that "an Ordinance amending the 2008 Traffic Code of the City of Waterloo, Iowa
by repealing Subsection (91) Prospect Blvd. of Section 553, No Parking Here to
Corner, and enacting in lieu thereof a new Subsection (91) Prospect Blvd. To
Section 553, No Parking Here to Corner (install No Parking Here to Corner
approximately 50 feet in a northerly direction on the east side of the 1400
block of Prospect Boulevard)", be received, placed on file, considered and
passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried.
134803 - Getty/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Five. Nay: Schmitt. Motion failed.
Councilperson Schmitt, is there a time limit to these two issues that we are
aware of? The reason why I ask, we've talked about this a little bit in the
past but it seems to me that we are making some changes here and I've heard in
the past where we've made parking changes and we've kind of just rammed it
through and people find out about it after the fact. I would like to allow a
little bit of time to go by to make sure that everybody is aware of the changes
we're contemplating here.
Councilperson Cole, I might point out that one of these is a request that comes
from citizens who are directly involved and that is a bad corner.
134804 - Getty/Cole
that "an Ordinance amending the 2008 Traffic Code of the City of Waterloo, Iowa
by repealing Subsection (32) Broadway Street and Edwards Street of Section 540,
Obedience of Official Traffic -Control Devices, (removal of traffic signals at
the intersection of Broadway Street and Edwards Street)", be received, placed on
file, considered and passed for the first time. Ayes: Six. Absent: Greenwood.
Motion carried.
134805 - Getty/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Five. Nay: Schmitt. Motion failed.
134806 - Cole/Getty
that "an Ordinance amending the 2008 Traffic Code of the City of Waterloo, Iowa
by repealing Section 353 and amending Section 343 to read as follows: It is
hereby established that the fees for cash patrons for all parking ramps shall be
set by Resolution of the City Council", be received, placed on file, considered
and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried.
Councilperson Hart, I received a phone call and I couldn't quite pick out the
name, I want to say Haley Thomas, and he was in objection to the fees on this
particular item.
Mayor Clark, I might want to make note that we also heard from some of our
leased parking patrons today wondering whether that would apply to them. And it
does not. So the parking fee increase in the ramps are for the hourly parking
only not for the leased parking patrons.
Suzy Schares, City Clerk, and I would also just add that on the ordinance the
ordinance just changes so that all of the fees are set by resolution because
right now half are set by resolution and half are set by ordinance. So its
putting them all in the same spot. When you get to the resolution, that's
actually a fee increase.
Mayor Clark, so this is no fee increase.
Ms. Schares, so the ordinance is just saying that now it will be set by
resolution so that they are all now in the same place.
134807 - Cole/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Five. Nay: Schmitt. Motion failed.
June 28, 2010 Page 10
OTHER COUNCIL BUSINESS
134808 - Hart/Welper
that Change Order No. 1 for a net increase of $389.00 for work performed by K&W
Electric of.Cedar Falls, Iowa in conjunction with Ground Power Unit project at
the Waterloo Regional Airport, be received, placed on file and approved and
Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion
carried.
134809 - Hart/Welper
that "Resolution approving Final Acceptance and Completion of Project performed
by K&W Electric of Cedar Falls, Iowa at a total cost of $72,939.00 in
conjunction with Ground Power Unit project at the Waterloo Regional Airport", be
adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-577.
134810 - Hart/Welper
that Change Order No. 1 for a net increase of $52,800.00 for work performed by
Peterson Contractors Inc. of Reinbeck, Iowa in conjunction with F.Y. 2010 River
Renaissance Trail - 6th to 18th Street, Contract No. 761, be received, placed on
file and approved and Mayor authorized to execute same Ayes: Six. Absent:
Greenwood. Motion carried.
134811 - Hart/Welper
that Change Order No. 1 for a net increase of $55,000.00 for work performed by
Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2010 River
Renaissance Lower Plaza, Contract No. 763, be received, placed on file and
approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood.
Motion carried.
Councilperson Jones, the net increase of $55,000.00 was that a planned
expenditure or are we just moving that into this fiscal year as opposed to it
taking place later?
Eric Thorson, City Engineer, this is for the footings for the Performance
Structure at the River Renaissance Plaza. And its determined that originally
the footing, I think, was going to be a spread footing and it was determined
that that would not work. So it needs to be a drilled shaft footing and
Peterson is in better position to do that. At this time under the Plaza
contract then wait until the Performance Structure contract. I mean we would
have done it either way its just it would be easier for them to do it now since
its having to be a drilled shaft. Doug Schindel from AECOM is here if you have
any other questions about that. That's the biggest reason. We felt it would be
easier to change order it into this to work. They are in better position to do
it now then later.
134812 - Welper/Hart
that Change Order No. 2 for a net increase of $61,163.80 for work performed by
Iowa Bridge & Culvert, L.C. of Washington, Iowa in conjunction with F.Y. 2010
Cedar Prairie Trail Bridge Repairs, Contract No. 764, be received, placed on
file and approved and Mayor authorized to execute same. Ayes: Six. Absent:
Greenwood. Motion carried.
134813 - Welper/Hart
that Change Order No. 2 for a net decrease of $422,909.38 for work performed by
Aspro Inc. of Waterloo, Iowa in conjunction with Rehabilitation of Runway 12/30
at Waterloo Regional Airport, be received, placed on file and approved and Mayor
authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried.
134814 - Schmitt/Hart
that "Resolution approving Final Acceptance and Completion of Project performed
by Aspro Inc. of Waterloo, Iowa at a total cost of $2,148,619.37 in conjunction
with Rehabilitation of Runway 12/30 at Waterloo Regional Airport", be adopted.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-578.
• •
• •
June 28, 2010 Page 11
134815 - Schmitt/Hart
that Change Order No. 2 for a net decrease of $5,325.75 for work performed by
Allied Construction Company, Inc. of Charles City, Iowa in conjunction with
Rehabilitation of GA Apron and Taxilanes - Phase I at Waterloo Regional Airport,
be received, placed on file and approved and Mayor authorized to execute same.
Ayes: Six. Absent: Greenwood. Motion carried.
134816 - Schmitt/Hart
that "Resolution approving Final Acceptance and Completion of Project performed
by Allied Construction Company, Inc. of Charles City, Iowa at a total cost of
$679,118.20 in conjunction with Rehabilitation of GA Apron and Taxilanes - Phase
I at Waterloo Regional Airport", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-579.
134817 - Getty/Cole
that "Resolution approving Final Acceptance and Completion of Project performed
by Cedar Valley Corp. of Waterloo, Iowa at a total cost of $555,939.24 in
conjunction with Rehabilitation of Taxiway "A" at the Waterloo Regional
Airport", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-580.
134818 - Getty/Cole
that "Resolution approving Final Acceptance and Completion of Project performed
by Cunningham Construction Inc. of Cedar Falls, Iowa at a total cost of
$367,365.20 in conjunction with Rehabilitation of GA Apron and Taxilanes (Phase
2) at Waterloo Regional Airport", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-581.
134819 - Getty/Cole
that Change Order No. 6 for a net increase of $470.00 for work performed by
Failor-Hurley Construction of Hudson, Iowa in conjunction with Commercial Street
Parking Garage Repairs, Phase 1, be received, placed on file and approved and
Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion
carried.
134820 - Hart/Welper
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2011 Ridgeway Avenue and La Porte Road
Intersection Improvements, Contract No. 775, be received, placed on file and
approved. Ayes: Six. Absent: Greenwood. Motion carried.
134821 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011
Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775,
be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried.
134822 - Hart/Welper
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. 2010-582.
134823 - Hart/Welper
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as July 19, 2010 at 5:30 p.m. in the City Hall Council Chambers
on the above described project", be adopted and City Clerk instructed to publish
notice of same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-583.
June 28, 2010 Page 12
ORAL PRESENTATIONS
Forrest Dillavou, 1725 Huntington Road, as a taxpayer I'm very concerned about
all of the change orders I continually see. I'll just pick the three tonight
that have added up to $168,000.00, almost $169,000.00. You know if these would
have been put into the original bid we would have got some other assistance.
This is $169,000.00 I believe that comes out of Waterloo taxpayers money. If it
had been included in the bid prior we would have got some other funding that
helped us with this River Renaissance. You know, I don't know how it happens,
why it happens. I don't understand it all but I do know that we are paying
$169,000.00 of city funds that had it been in there before we could have got
some help.
Mayor Clark, Forrest thank you for that. And quite honestly back even when I
was on council I was terribly concerned about the change orders also. I thought
that there was a way to get around those. But I have kind of come to learn that
projects just change. As frustrating as I get with them sometimes I don't see a
way around them. But I would like to speak to the funding. I don't know if
that is Michelle, Noel or Eric even. When we have change increases where does
that funding necessarily come from?
Michelle Weidner, Chief Financial Officer, I think in all these cases those
changes are also eligible for the grant funding sources. Occasionally, we will
have one that does not qualify but generally the grant sources. These will have
been submitted. Many of them will already have been approved by our funding
sources by the time they hit our agenda.
Mayor Clark, okay and also Forrest we've got some pretty savvy folks on the
council now that watch this stuff very closely. And I think that if there were
any of them that were questionable we thought we are getting by the contractors
we're not playing fairly we would bring it to light. So I am hoping that that's
not happening. I'm hoping that these are all justified and needed to do and I
believe that they are. But thank you for brining it forward.
Councilperson Schmitt, I would just like to take a minute. You know we always
hear about the occasional complaints about city business and city things. But
within the last week or so we've had some severe storms and I had several phone
calls complimenting our forestry department, Mr. Huting and his group for the
fine job they did of helping the citizens cleanup some of .the damaged trees,
limbs and things that are out in the parking or out in the right of way. So I
just wanted to make sure that there were citizens that did appreciate that and
asked me to convey that to you.
134824 - Hart/Cole
that the above oral comments be received and placed on file. Ayes: Six.
Absent: Greenwood. Motion carried.
ADJOURNMENT
134825 - Hart/Cole
that the Council adjourn at 6:17 p.m. Ayes: Six. Absent: Greenwood. Motion
carried.
Suzy Sce,ar-s
City Clerk
• •