HomeMy WebLinkAboutMinutes-09/15/2014September 15, 2014
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty
Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, September 15, 2014. Mayor
Ernest G. Clark in the Chair. Roll Call: Jones, Schmitt, Lind, Morrissey, Welper, and
Hart. Absent: Cole.
Moment of Silence.
Pledge of Allegiance: Mayor Buck Clark.
143480 - Hart/Schmitt
that the Agenda, as amended deleting the executive session, for the Regular
Session on Monday, September 15, 2014, at 5:30 p.m., be accepted and approved.
Voice vote -Ayes: Six. Motion carried.
Mayor Clark requested to have item #7 on the consent changed to show an
expiration date of 2017. (Ryan will be fulfilling the term vacated until
11/1/14 than serving a full term which ends in 2017).
143481 - Welper/Morrissey
to reconsider the travel request to the Iowa League of Cities Conference for
Councilman Jones. Ayes: Five. Abstain: Jones. Motion carried.
143482 - Hart/Schmitt
that the Minutes, as amended, for the Regular Session on Monday, September 8,
2014, at 5:30 p.m. and as proposed, for the Special Session on Thursday August
28, 2014 that followed the Council Work Session, be accepted and approved.
Voice vote -Ayes: Six. Motion carried.
Mr. Schmitt questioned if there was a response to David Dryer's question
regarding San Marnan Drive at the September 8, 2014 meeting. The minutes will
be changed to reflect that the Mayor responded noting that the San Marnan
project is in litigation.
Mayor Clark read a Proclamation declaring the week of September 17 - 23, 2014 as
Constitution Week.
CONSENT AGENDA
143483 - Hart/Welper
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated
September 15, 2014, in the amount of $888,163.05, 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. 2014-797.
2. Cancellation of weed assessments for several properties; and authorize
City Clerk to notify Black Hawk County Treasurer of said cancellations.
Parcel ID/Address Amount to cancel
8813-03-428-002 $171.45
8813-03-428-003 $127.90
8813-03-428-004 $203.95
8813-03-428-005 $127.90
8813-03-428-006 $106.45
1900 W. llth Street $171.25
Resolution adopted and upon approval by Mayor assigned No. 2014-798.
3. Request of Splash of Color Breast Cancer Support Group for a variance to
the Noise Ordinance on October 11, 2014 from 6:30 a.m. to 12:00 p.m. in
conjunction with Splash of Color 3K Fundraiser Walk event to be held at
Sullivan Park including a DJ and the use of a bullhorn, together with
recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2014-799.
September 15, 2014 Page 2
4. Request of Splash of Color Breast Cancer Support Group to hold Splash of
Color 3K Fundraiser Walk event to be held on October 11, 2014 at 6:30 a.m.
to 12:00 Noon, with the route to start and end at Sullivan Park.
Resolution adopted and upon approval by Mayor assigned No. 2014-800.
5. Request of Jeannette Mukayisire representing Amani Community Services for
a variance to the Noise Ordinance on October 4, 2014 from 1:00 p.m. to
6:00 p.m. for the fundraising event to be held at Lincoln Park including
entertainment, together with recommendation of approval of Director of
Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2014-801.
b. Motion to approve the following:
1.
2.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to exceed
Officer
Gergen
Defensive Tactics
Instructor
Recertification
Johnston,
IA
11/19/14
$140.00
Todd
Henrich,
Building
Maintenance
8 -Hour Plumbing
Update (Intro to
OSHA; Plumbing Code
Update; Plumbing
Discipline
Hawkeye
Community
College
10/17/14
$227.00
3. Recommendation of appointment of Brandon Cannon from the Civil Service
list, to the position of Facilities Services Manager at the Waterloo
Center for the Arts effective September 15, 2014.
4. Recommendation of appointment of Laura Wolff, to the position of Clerk I
at the Waste Management Services Dept. effective September 16, 2014.
5. Recommendation of appointment of Frank Frost, to the position of Equipment
Operator I (Street Department) from the current Civil Service List. This
appointment is effective September 22, 2014 pending completion of pre-
employment physical.
6. Recommendation of appointment of Bryan Owens, to the position of Equipment
Operator I (Street Department) from the current Civil Service List. This
appointment is effective September 29, 2014 pending completion of pre-
employment physical.
7. Recommendation of appointment of Ryan Vestal to the Board of Electrical
Examiners and Appeals with term expiration of 11/01/2017.
8. Recommendation of appointment of Pat Becker to the Metropolitan Transit
Authority Board with term expiration of 06/30/17.
9.
10.
11.
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Ali's Liquor
1117 E 4th Street
Class E Liquor,
B Wine, C Beer
Renewal
09/03/15
X
Brown Derby Ballroom
618 Sycamore St.
Class C Liquor
Renewal
09/30/15
X
Cadillac Lanes
650 LaPorte Rd.
Class C Liquor &
Outdoor Service
Renewal
07/22/15
X
12. Cigarette/Tobacco Permit Renewal Applications
Blue River Bar, 728 Commercial Street
13. Salvage Yard License Applications
Tournier Recycling, 900 Fulton Street.
14. Bonds
Roll call vote -Ayes: Six. Motion carried.
Mr. Morrissey questioned the application for salvage yard.
Noel Anderson, Community Planning & Development Director, explained that the
salvage yard application was originally denied by the Health Department and then
Tournier Recycling refiled an application. The Health Department reviewed and
passed application.
September 15, 2014 Page 3
Mr. Morrissey questioned if there was a time frame to come into compliance and
asked if the Health Department sent us an approval letter.
Mayor Clark read the approval letter from the Health Department noting that the
Health Department will re -inspect the property in six months.
143484 - Welper/Hart
Motion to approve travel request for Councilman Jones to attend the Iowa League
of Cities conference. Roll Call: Ayes: Three. Nays: Two. Abstain: Jones. Motion
Carried.
Mr. Lind questioned items added to agenda without notice.
Suzy Schares, City Clerk, explained that the City Attorney gave the opinion that
since it is a minor matter, and was on the Finance Agenda, it could be added to
the regular agenda by motion.
Jim Walsh, City Attorney, the item was already on finance agenda for today and
can be transferred to regular agenda by motion if a relatively minor matter.
Steve Schmitt questioned if it was on the agenda.
Mr. Lind questioned if this has been done before.
Mayor Clark responded that it was on the Finance Agenda and had not been done in
the past.
PUBLIC HEARINGS
143485 - Schmitt/Hart
that proof of publication of notice of public hearing on purchase of One (1)
Automated Side -Load Garbage Truck, as published in the Waterloo Courier on
August 28, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
143486 - Schmitt/Hart
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
143487 - Schmitt/Hart
that "Resolution confirming approval of specifications, bid document, etc. for
the purchase of One (1) Automated Side -Load Garbage Truck", be approved. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-802.
143488 - Schmitt/Hart
that "Resolution authorizing to proceed with the purchase of One (1) Automated
Side -Load Garbage Truck", be approved. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-803.
143489 - Schmitt/Hart
to receive, file and instruct City Clerk to read bids and refer to Public Works
Director for review. Voice vote -Ayes: Six. Motion carried.
Bidder
Truck/Chassis Mfg
Packer Mfg
Bid Amount
Cedar Rapids Truck Center
Peterbilt 320
Wayne Mfg
$226,500
9201 6th Street SW
New Way
$222,907
Cedar Rapids, IA
Labrie
$239,905
Twin Bridges Mack
Mack LEU613
Kann
$224,844
2250 W. 76th Street
Davenport, IA
143490 - Hart/Morrissey
that proof of publication of notice of public hearing on F.Y. 2015 Sidewalk
Repair Assessment Program - Zone 4, Contract No. 864, as published in the
Waterloo Courier on September 4, 2014, be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
Page 4
September 15, 2014
This being the time and place of public hearing, the Mayor called for written
and oral objections.
John Mixdorf, Cardinal Construction, asked to do the work themselves and to
replace the entire sidewalk.
Mayor Clark responded that he would have to work with the engineering dept. to
proceed.
Shawn Hagedorn, Hagedorn Housing, LLC, asked to be able to do the work himself.
Mayor Clark responded that he would have to work with the engineering dept. to
proceed.
Linda Schrader, 1317 Jefferson Street, requested an additional inspection as she
has completed the work.
Joshua Tucker, 1201 Leavitt Street, questioned what is defected on his sidewalk.
143491 - Hart/Welper
that the hearing be closed and oral comments be received and placed on file.
Voice vote -Ayes: Six. Motion carried.
143492 - Hart/Welper
that "Resolution to adopt Proposed Resolution of Necessity, as proposed or
amended for the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract
No. 864", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-804.
143493 - Hart/Morrissey
that proof of publication of notice of public hearing on F.Y. 2015 Sidewalk
Repair Assessment Program - Zone 4, Contract No. 864, as published in the
Waterloo Courier on September 3, 2014, be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
143494 - Hart/Morrissey
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
143495 - Hart/Morrissey
that `Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4,
Contract No. 864", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-805.
143496 - Hart/Morrissey
that "Resolution ordering construction in conjunction with F.Y. 2015 Sidewalk
Repair Assessment Program - Zone 4, Contract No. 864", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-806.
143497 - Hart/Morrissey
to receive and file and instruct City Clerk to read bids and refer to City
Engineer for review. Voice vote -Ayes: Six. Motion carried.
Bidder
Bid
Security
Bid Amount
Midwest Concrete, Inc.
16869 Navarre Court
Peosta, IA 52068
5%
$241,991.09
Mike Dolan Concrete &
1140 Fairchild St,
Waterloo, IA 50703
Masonry,
Inc.
5%
$281,633.70
September 15, 2014 Page 6
143506 - Schmitt/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. for the Safe Routes to School - Irving Elementary Traffic Signal Project
at W. 5th Street and Baltimore Street", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-810.
143507 - Schmitt/Welper
that "Resolution ordering construction for the Safe Routes to School - Irving
Elementary Traffic Signal Project at W. 5th Street and Baltimore Street", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-811.
143508 - Hart/Morrissey
that proof of publication of notice of public hearing on consent to Main Street
Waterloo's sale of the Regional Business Center building located at 210-214 E.
4th Street to C. Doyle Properties, as published in the Waterloo Courier on
September 9, 2014, be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
143509 - Hart/Morrissey
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
143510 - Hart/Morrissey
that "Resolution authorizing Main Street Waterloo to sell the Regional Business
Center building located at 210-214 E. 4th Street to C. Doyle Properties and
rescind Resolution No. 2014-430", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-812.
143511 - Hart/Welper
that proof of publication of notice of public hearing on Exchange Agreement and
Assignment of Real Estate Contract between the City of Waterloo and L & H Farms,
Ltd of Waterloo, Iowa for the acquisition of property in Black Hawk County for
exchange of property in the San Marnan TIF District in the amount of $131,949.00
for 2.75 acres of land in September of 2014 plus up to $10,000.00 in closing
cost, as published in the Waterloo Courier on September 9, 2014, be received and
placed on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
143512 - Hart/Welper
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
143513 - Hart/Welper
that "Resolution approving said documents; and authorize Mayor and City Clerk to
execute said documents", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-813.
RESOLUTIONS
143514 - Schmitt/Morrissey
that "Resolution approving the request of Five Star Snow Trails Association,
Inc.'s application with Iowa Department of Transportation to establish and sign
snowmobile trails within the right-of-way of state highways that reside within
the city limits of Waterloo; and authorize Mayor to execute said documents", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-814.
September 15, 2014 Page 7
143515 - Schmitt/Morrissey
that "Resolution approving a three-year contract with Travelers for the Surety
Bond Insurance in the amount of $2,619.00 for $1,000,000.00 in liability
coverage for all city employees", be adopted. Roll call vote -Ayes: Six.
Mr. Lind questioned if we get bids or quotes on the insurance.
Suzy Schares, City Clerk, responded the agent gets several quotes and the chosen
carrier has extended the policy to a three year contract with a locked in rate.
Resolution adopted and upon approval by Mayor assigned No. 2014-815.
143516 - Schmitt/Morrissey
that "Resolution approving the submission of grant application to the R.J.
McElroy Trust in the amount of $24,000.00. Grant will support school trip
experiences to the Phelps Youth Pavilion and Waterloo Center for the Arts; and
authorize Mayor to execute said documents", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-816.
143517 - Morrissey/Hart
that "Resolution setting date of hearing as September 22, 2014 for the sale and
conveyance of city -owned property located at 1019 Lafayette Street to Sergio
Rangel with a purchase price of $95,100.00 through the Neighborhood
Stabilization Program; and instruct City Clerk to publish notice", be adopted.
Roll call vote -Ayes: Six.
Mr. Schmitt questioned if we voted on this item before.
Rudy Jones, Community Development Director, responded that it was approved
previously, but the legal was incorrect and we had to bring it back to Council.
Resolution adopted and upon approval by Mayor assigned No. 2014-817.
143518 - Morrissey/Hart
that "Resolution approving Early Occupancy Agreement with Sergio Rangel for City
owned, new construction property, located at 1019 Lafayette Street prior to
closing date through the Neighborhood Stabilization Program; and authorize Mayor
and City Clerk to execute said documents", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-818.
143519 - Morrissey/Hart
that "Resolution approving award of hotel/motel discretionary funds to Waterloo
Police Department - event overtime in the amount of $25,000.00 and YWCA Week
without Violence in the amount of $1,000.00", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-819.
143520 - Welper/Hart
that "Resolution approving the Annual Financial Report for City Streets for the
fiscal year ended June 30, 2014 to be filed with the Iowa Department of
Transportation", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-820.
143521 - Welper/Hart
that "Resolution approving the Contract, Bonds and Certificate of Insurance with
Boulder Contracting, LLC of Grundy Center, Iowa, in the amount of $591,500.00
for the F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867; and
authorize Mayor and City Clerk to execute said documents", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-821.
September 15, 2014 Page 8
143522 - Welper/Hart
that "Resolution approving Professional Service Agreement with AECOM Technical
Services of Waterloo, Iowa, in the amount not to exceed $69,000.00 for
construction related services for the F.Y. 2014 Flood Control Gatewell Repairs,
Contract No. 867; and authorize Mayor and City Clerk to execute said documents",
be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-822.
143523 - Morrissey/Hart
that "Resolution approving the installation of a 100 watt HPS light on a wood
pole, 1500 block of Lafayette Street", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-823.
143524 - Morrissey/Hart
that "Resolution setting date of hearing as September 22, 2014 to approve the
expansion of the Martin Road Development Plan Tax Increment Financing (TIF)
District; and instruct City Clerk to publish notice", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-824.
143525 - Morrissey/Hart
that "Resolution setting date of hearing as October 6, 2014 to approve request
by the City of Waterloo to vacate a dead end portion of West 17th Street north
of Black Hawk Street and west of 18th Street; and instruct City Clerk to publish
notice", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-825.
ORDINANCES
143526 - Schmitt/Hart
that "an Ordinance amending the 2008 Traffic Code by adding a new Section,
namely Section 548A, No Parking - Pick Up and Drop Off Only, 300 Jefferson
Street", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Six. Motion carried.
Mr. Lind asked to suspend the rules as the sign is already up.
143527 - Schmitt/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
143528 - Schmitt/Hart
that "an Ordinance amending the 2008 Traffic Code by adding a new Section,
namely Section 548A, No Parking - Pick Up and Drop Off Only, 300 Jefferson
Street", be considered and passed for the second and third times and adopted.
Roll call vote -Ayes: Six.
Ordinance adopted and upon approval by Mayor assigned No. 5237.
143529 - Morrissey/Welper
that "an Ordinance amending the City Code Title 5, Chapter 5 (Chronic Nuisance
Properties)", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Six. Motion carried.
Dan Trelka, Director of Safety Services, reviewed the amendments to the
ordinance and explained that some of the language was clarified.
143530 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
143531 - Morrissey/Welper
that "an Ordinance amending the City Code Title 5, Chapter 5 (Chronic Nuisance
Properties)", be considered and passed for the second and third times and
adopted. Roll call vote -Ayes: Six.
September 15, 2014 Page 9
Ordinance adopted and upon approval by Mayor assigned No. 5238.
143532 - Hart/Morrissey
that "an Ordinance amending the enactment of Ordinance Title 6, Chapter 5
Civil Seizure and Impoundment of Motor Vehicles", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Six. Motion
carried.
Dan Trelka, Director of Safety Services, clarified that the vehicles being towed
will become the property of the towing company if not picked up by the owner.
Mr. Schmitt questioned if this ordinance is similar to the ordinance
confiscating vehicles that are a part of a drug crime.
Dan Trelka, Director of Safety Services, responded that the ordinance is
a completely different ordinance and briefly explained the drug forfeiture
vehicle ordinance.
Mr. Lind questioned if we pay the towing bill.
Dan Trelka, Director of Safety Services, responded no.
Forest Dillavou, 1725 Huntington Road, suggested the City impound the vehicles
rather than using the tow company.
Mr. Schmitt questioned if we will enforce this ordinance.
Dan Trelka, Director of Safety Services, responded that his dept. is working
with Code Enforcement to enforce ordinances we put in place.
Mr. Hart questioned what will be included in the tow contract.
Dan Trelka, Director of Safety Services, explained that the bid documents have
not yet been generated and council will be able to review and accept.
Mr. Lind questioned what would happen if the defendant is found not guilty, will
all violations remain?
Dan Trelka, Director of Safety Services, responded that they will be responsible
for towing & impoundment fees.
Steve Murphy, 124 Terrace Drive, questioned if the citizens will be able to
review the contracts.
143533 - Hart/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
Mr. Schmitt questioned if Director Trelka is confident this ordinance meets all
legal requirements.
Dan Trelka, Director of Safety Services, responded that the ordinance had been
tried and tested and has prevailed.
143534 - Hart/Morrissey
that "an Ordinance amending the enactment of Ordinance Title 6, Chapter 5 -
Civil Seizure and Impoundment of Motor Vehicles", be considered and passed for
the second and third times and adopted. Roll call vote -Ayes: Six.
Ordinance adopted and upon approval by Mayor assigned No. 5239.
ORAL PRESENTATIONS
Bruce Kaesser, 627 Sycamore St., asked that the City be cognoscente of
accessible curb cuts being cleared during snow season.
Jodi Klein, 1039 Peoples Square, spoke on behalf of over 25 business and
property owners and expressed concern with the Kimball Ave. construction project
and the lack of response from City staff. It was asked that the City staff
communicate with the business owners, that the business owners receive a credit
on their taxes while holding City staff responsible for their inadequacies.
Lyle Pratt, LJ Bar and Grill, expressed concern with the lack of progress on the
Kimball Ave. construction and the impact on the business.
September 15, 2014 Page 10
Patrick Klein, 1039 Peoples Square, Prestige Quality Dry Cleaning expressed
concern with the lack of progress and communication on the Kimball Ave.
construction project. The easement fees have not been paid to date. He read an
email from Ryan Risetter with Farmers Savings Bank expressing concern with the
lack of progress and communication.
Diane Smith, 104 Park Lane, expressed concern with the lack of progress on the
construction. It has been torn up since May and was supposed to be completed
within 8 weeks.
Marilyn Bartels, T&K Health Food Store, expressed concern with the lack of
progress on the construction.
Frances Meyers, 112 Park Lane, expressed concern with the lack of progress on
Park Lane.
Margaret Klein, 4102 Aspen Court, expressed concern with the construction
project. She read the D&L Subways email expressing concern with the lack of
progress on the road construction. She also read an email from Snap Fitness
expressing concern with the loss of business due to the road construction.
Garland Angove, Heritage Art Gallery, questioned if the City can go back on the
companies for lack of progress.
Randy Herod, 111 Highland Ave., expressed concern with the construction on
Kimball Avenue. He then read a list of questions regarding animal control. He
suggested licensing bicycles.
Jack Black, 227 Downing Avenue, asked if a permit is required to place a no
parking sign in the church parking lot.
Mayor Clark explained that it is private property and they can place signs if
they wish.
Noel Anderson, Community Planning and Development Director, suggested working
with the Building Department to meet the City sign regulations.
Bill Kammeyer, 526 Home Park Blvd., asked the citizens to vote for Emily West on
America's Got Talent.
John Sherbon, 1715 Robin Road, expressed concern with the construction on
Downing Avenue and other road construction delays throughout the City.
Tim Skahill, 3806 Orchard, expressed concern with the construction delays with
the Kimball Avenue construction.
Mr. Schmitt asked for answers regarding the delay, the easements not being paid,
and if there is a penalty on the contractor for the lack of progress.
Mayor Clark explained the delay was due to the utility company failing to
complete the utility work that needs to be completed. Legal action is being
considered. The Mayor will be working to get the utility company to move
forward.
Eric Thorson, City Engineer, explained the progress of Kimball Ave.
Mayor Clark explained that the engineering department met with all the utilities
several months in advance.
Eric Thorson, City Engineer, expressed that they had been working with the
utility companies a year before construction started.
Mr. Jones questioned if we have franchise agreements with these companies.
Eric Thorson, City Engineer, explained that the franchise agreement with the
utility companies was reviewed and there is nothing the City can do legally
besides possibly file suit.
Garland Angove, Heritage Art Gallery, questioned how long the utility companies
can hold us up.
Mr. Schmitt questioned if the utility companies had enough time to prepare.
Jodi Klein, 1039 Peoples Square, expressed concern that other areas within the
city have been repaired, replaced, etc. and development hasn't taken this long.
Noel Anderson, Community Planning and Development Director, wasn't aware that
all the easements hadn't been paid, but will check into it right away.
September 15, 2014 Page 11
143535 - Welper/Morrissey
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
ADJOURNMENT
143536 - Welper/Morrissey
that the Council adjourn at 7:19 p.m. Voice vote -Ayes: Six. Motion carried.
AA.
. AP
Suzy Sch_ es,
City Cle /Human Resource Director