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HomeMy WebLinkAboutMinutes-01/24/20051 • January 24, 2005 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, January 24, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 121023 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, January 24, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 121024 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Tuesday, January 18, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation de 4 aring February 4, 2005 as Give Kida A Smile Day. CONSENT AGENDA 121025 - Welper/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-80, dated January 24, 2005, in the amount of $2,768,911.35, 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. 2005-46. 2. Communication from Police Chief transmitting request of Black Hawk County Street Machines organization to hold the Black Hawk County Street Machines Car Show on May 7, 2005 from 8:00 a.m. to 4:00 p.m., including barricading Sycamore and 4th Streets, Mulberry and 4th Streets, Lafayette and 5th Streets, and Lafayette Street and Park Avenue. Resolution adopted and upon approval by Mayor assigned No. 2005-47. b. Motion to approve the following: 1. Dennis Gentz, Assistant City Engineer, to attend Iowa's 41st Annual Concrete Paving Workshop in Des Moines, Iowa on February 2-4, 2005, with costs not to exceed $296.28, including use of city vehicle. 2. Rudy Jones, Community Development Director; Nancy Gulick, Community Development Coordinator; and Jason Verbraken, Rehabilitation Specialist, to attend Lead and Healthy Homes Grantee National Conference in New Orleans, Louisiana on April 2-7, 2005, with costs not to exceed $1,990.00. 3. Roger Carr, Fire Department Instructor, to teach Incident Command Class in Iowa Falls, Iowa on February 10, 2005, with costs not to exceed $225.00. c. Beer License Permit Application Class C K -Mart, 3810 University Avenue (Renewal) (Expires 2/28/06) (Includes Sunday Sales) Downtown Amoco, 428 Franklin Street (Renewal) (Expires 1/21/06) (Includes Sunday Sales) d. Wine License Permit Application Class B K -Mart, 3810 University Avenue (Renewal) (Expires 2/28/06) (Includes Sunday Sales) January 24, 2005 Consent Agenda - continued Page 2 e. Beer License Permit Application Class B Cedar Valley Fish Market, Inc., 218 Division Street (Renewal) (Expires 1/25/06) f. Beer/Liquor License Permit Application Class C Electric Park Ballroom, 310 W. Conger Street (Renewal) (Expires 1/27/06) (Includes Sunday Sales) National Dairy Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires 2/28/06) (Includes Sunday Sales) Ayes: Seven. Motion carried. UNFINISHED BUSINESS 121026 - Gunderson/Welper that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $34,367.00 to Kidder Construction Inc. of Waterloo, Iowa in conjunction with Men's Police Locker Room Remodel Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Lou Cutwright, Building Official/Maintenance Administrator, reported that a change order will be brought to the council to include the Tactical area. The addition of this area will include purchasing additional lockers so the change order should be small. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-48, DOCUMENTS 121027 - Cole Schmitt that communication from Associate Engineer transmitting Change Order No. 1 for a net decrease of $552.66 for work performed by Bowers Masonry, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2004 Young Arena Parking Lot Paving & Lighting, Contract No. 681, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 121028 - Cole/Schmitt that communication from City Engineer transmitting Completion of Project at a total cost of $124,050.85 and Recommendation of Acceptance of Work performed by Bowers Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2004 Young Arena Parking Lot Paving & Lighting, Contract No. 681, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-49. 121029 - Cole/Schmitt that communication from Police Chief transmitting application with Iowa Governor's Traffic Safety Bureau for Intoxicated Driver Prevention Program grant in the amount of $17,951.84, with no local match, to be used for overtime enforcement and one in -car video camera, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-50. • • January 24, 2005 • • Documents - continued 121030 - Cole/Schmitt Page 3 that communication from City Engineer transmitting Professional Services Agreement with Earth Tech, Inc. of Waterloo, Iowa for the final design of the Cedar Valley Riverfront Renaissance Waterloo Vision Iowa Projects at an estimated cost of $1,375,000.00, including the Riverwalk Loop, Cedar River Dam Improvements and Cedar River Plaza and Amphitheater, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-51. 121031 - Clark/Kincaid that communication from City Planner transmitting Underground Storage Tank Closure Report with the Iowa Department of Natural Resources as compiled by Maxim Technologies in conjunction with removal of underground tanks at the former Dell Oil gasoline station located at the corner of Black Hawk and 18th Streets in conjunction with the 18th Street Bridge Project, be received, placed on file and "Resolution approving said report", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that on page 4 of the report Maxim reports the TEH-diesel data indicates SS -7 exceeds the action level, and they recommend the Iowa Department of Natural Resources review the data to determine whether the level of diesel in the soil would result in a site risk re-classification. Noel Anderson, City Planner, reported that has been settled with the Iowa Department of Natural Resources and remains as No Further Action on the site with no re-classification. Mr. Anderson stated when the city acquired the property we did a soil sample, and the Iowa Department of Natural Resources issued a No Further Action. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-52. 121032 - Clark/Kincaid that communication from Associate Planner transmitting an application with the State Historical Society of Iowa for a Resource Enhancement and Protection/Historical Resource Development Program (REAP/HRDP) grant in the amount of $25,000.00, with city match of 25 percent cash and 25 percent in-kind, to be used to develop a Comprehensive Historic Preservation Plan, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval.by Mayor assigned No. 2005-53. 121033 - Clark/Kincaid that communication from Community Planning and Development Director transmitting an agreement with Terracon Company to provide Phase I environmental testing at a cost of $1,925.00 in conjunction with expansion of Powers Manufacturing at 1340 Sycamore Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, reported that the expansion project should start this spring. Staff is working on a development agreement with Powers Manufacturing, which will come before the council for approval. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-54. January 24, 2005 Page 4 Documents - continued 121034 - Clark/Kincaid that communication from City Engineer transmitting Completion of Project at a total cost of $362,894.52 and Recommendation of Acceptance of work performed by Cunningham Construction Co., Inc. of Cedar Falls, Iowa in conjunction with F Y. 2003 NE Industrial Park - GT Drive Extension Project, Contract No. 663, RM - 8155(658) -9D-07, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-55. 121035 - Clark/Kincaid that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $34,367.00 with Kidder Construction Inc. of Waterloo, Iowa, in conjunction with Men's Police Locker Room Remodel Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-56. RESOLUTIONS TO BE ADOPTED 121036 - Welper/Cole that "Resolution allocating $1,000.00 discretionary hotel/motel tax funds to EXPO High School to host the International Association for Learning 35th Annual Conference", be adopted. Ayes: Six. Abstain: Gunderson because his wife is the principal at the school. Resolution adopted and upon approval by Mayor assigned No. 2005-57. ORDINANCES TO BE ADOPTED 121037 - Clark/Welper that "an Ordinance amending the 2003 Traffic Code by adding Subsection (3a) Casper Avenue to Section 554, No Parking Here to Drive (prohibit parking from here to driveway on the west side between 2234 and 2242 Casper Avenue)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 121038 - Clark/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 121039 - Clark/Schmitt that "an Ordinance amending the 2003 Traffic Code by adding Subsection (3a) Casper Avenue to Section 554, No Parking Here to Drive (prohibit parking from here to driveway on the west side between 2234 and 2242 Casper Avenue)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4754. NEW BUSINESS 121040 - Welper/Cole to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Prospect Blvd. Alley and Rush Street Storm Sewer Improvements, Contract No. 694, be received, placed on file and approved. Ayes: Seven. Motion carried. 121041 - Welper/Cole that plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Prospect Blvd. Alley and Rush Street Storm Sewer Improvements, Contract No. 694, be received and placed on file. Ayes: Seven. Motion carried. • January 24, 2005 • New Business - continued 121042 - Welper/Cole Page 5 that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-58. 121043 - Welper/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as February 7, 2005 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-59. 121044 - Schmitt/Cole to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Garden Area Relief Sanitary Sewer, Contract No. 684, be received, placed on file and approved. Ayes: Seven. Motion carried. 121045 - Schmitt/Cole that plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Garden Area Relief Sanitary Sewer, Contract No. 684, be received and placed on file. Ayes: Seven. Motion carried. 121046 - Schmitt/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-60. 121047 - Schmitt/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as February 14, 2005 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-61. 121048 - Gunderson/Schmitt that communication from Superintendent of Central Garage transmitting request to set date of hearing as February 7, 2005 on the purchase of six black and white Ford Crown Victoria squad cars, two Ford Taurus detective cars and two Ford Explorers, be received, placed on file and "Resolution setting date of hearing as February 7, 2005 at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-62. 121049 - Welper/Kincaid that the council adjourn to Executive Session at 6:01 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of settlement of the Braveman suit is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2003) . EXECUTIVE SESSION 121050 - Welper/Kincaid that the council adjourn Executive Session at 6:14 p.m. Ayes: Seven. Motion carried. January 24, 2005 Page 6 121051 - Schmitt/Gunderson that "Resolution approving agreement with Gary Braveman for settlement of an accident", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-63. ADJOURNMENT 121052 - Welper/Clark that the Council adjourn at 6:15 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk • •