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HomeMy WebLinkAboutMinutes-06/09/2008• • June 9, 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, June 9, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Hart, Greenwood, Welper, Reggie Schmitt. Absent: Getty, Steve Schmitt. Moment of Silence. Pledge of Allegiance: Mark Rice, Superintendent of Central Garage. 127231 - Reggie Schmitt/Greenwood that the Agenda, as amended, for the Regular Session on Monday, June 9, 2008, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127232 - Reggie Schmitt/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, June 2, 2008, at 5:30 p.m., and Special Session, on Tuesday, June 3, 2008, at 4:30 p.m., be accepted and approved. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. CONSENT AGENDA 127233 - Reggie Schmitt/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 Schedule AP640, pp. 1-68, dated June 9, 2008, in the amount of $2,451,811.38, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2008-469. 2. Communication from City Clerk transmitting request of East High/Expo High School students for a variance to the Noise Ordinance on June 17, 2008 from 5:00 - 9:00 p.m. in conjunction with music concert to be held in open area on High Street across from East High School, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-470. 3. Communication from City Clerk transmitting request of African American Museum for a variance to the Noise Ordinance on June 21, 2008 from 6:00 - 11:00 p.m. in conjunction with the Blues Band playing on Adams Street from 4th Street to Linn Street, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-471. b. Motion -to approve the following: 1. David Mohlis, Police Sergeant, to attend Homicide Investigation Seminar in Lawrence, Kansas on July 13-16, 2008, with costs not to exceed $1,095.00, including use of city vehicle. 2. Lisa Campbell, Police Sergeant, to attend ILEA Firearms Instructor Recertification School in Johnston, Iowa on July 14, 2008, with costs not to exceed $227.00, including use of city vehicle. 3. Communication from Mayor Tim Hurley transmitting recommendation of reappointment of Steve Showers, Mike Broshar, and Mary Ann Burk to the Cultural and Arts Commission, with term expiration date of March 1, 2009 and reappointment of Marilyn DeKoster, with term expiration date of March 1, 2011. c. Liquor License Permit Application Class E Five Star Snacks and More, 315 Fletcher Avenue (New) (Expires 6/3/09) (Includes Sunday Sales) June 9, 2008 Consent Agenda continued Page 2 d. Wine License Permit Application Class B Five Star Snacks and More, 315 Fletcher Avenue (New) (Expires 6/3/09) (Includes Sunday Sales) e. Beer License Permit Application Class C Five Star Snacks and More, 315 Fletcher Avenue (New) (Expires 6/3/09) (Includes Sunday Sales) Kwik Star, 1636 West 4th Street (Renewal) (Expires 7/29/09) (Includes Sunday Sales) All Stop, 51 E. Tower Park Drive (Renewal) (Expires 8/5/09) (Includes Sunday Sales) f. Liquor License Permit Application Class C Maples Lanes Bowling Center, 2608 University Avenue (Renewal) (Expires 7/9/09) (Includes Sunday Sales) Park Road Inn, 306 Park Road (Renewal) (Expires 6/30/09) (Includes Sunday Sales) g. Cigarette/Tobacco Permit 5 Star Snacks & More, 315 Fletcher Avenue h. Bonds. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. HEARINGS 127234 - Hart/Cole that proof of publication of notice of public hearing on vacation of a portion of alleys in Block 7 and Block 8 of Rose Hill First Addition and Ash Street between Sumner Street and Cottage Street and to rescind Ordinance No. 4866 due to an error in the legal description, as published in the Waterloo Courier on June 2, 2008, be received and placed on file. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127235 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Cole that the hearing be closed. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127236 - Hart/Cole that "an Ordinance vacating a portion of alleys in Block 7 and Block 8 of Rose Hill First Addition and Ash Street between Sumner Street and Cottage Street and to rescind Ordinance No. 4866 due to an error in the legal description", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127237 - Greenwood/Reggie Schmitt that proof of publication of notice of public hearing on request of Craft - Cochran for a site plan amendment to the "B -P" Business Park District for property generally located at the southwest corner of Highway 63 and Cyclone Drive for construction of a 17,600 square foot building on lot 2 of Greenbelt Centre Plat No. 2 including a 28 stall parking lot, as published in the Waterloo Courier on June 2, 2008, be received and placed on file. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127238 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Reggie Schmitt that the hearing be closed and recommendation of Planning, Programming and Zoning Commission, be received and placed on file. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. • • • • June 9, 2008 Page 3 Hearings continued 127239 - Greenwood/Reggie Schmitt that "Resolution approving said site plan amendment", be adopted. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-472. UNFINISHED BUSINESS 127240 - Reggie Schmitt/Greenwood that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $68,750.00 to Sieben Electric of Waterloo, Iowa in conjunction with 2008 Lafayette Park Electrical Improvements 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. Mayor Hurley noted that the fact is that at last Monday's council meeting bids were opened for the electrical improvement project as part of the Lafayette Park improvements, with three bids received. Sieben Electric submitted a bid and in the course of opening the bid the City Clerk mentioned in public that no bid bond was submitted. Sieben Electric was the low bidder, and Scott's Electric was the second low bidder. The city's bid documents and specs requested a bid bond with the bid. The next morning the city did receive a certified check from Sieben Electric dated June 3, 2008. The check was written the day after council's action, and it was some $37.00 short of being 5 percent. From several directions, attention was called to the fact that maybe the city should throw out Sieben Electric's bid, and that we should move to the second lowest bidder which was Scott's Electric. We have looked at this, and we have sought legal advice. Mayor Hurley noted the choices are: We approve the resolution as entered and seconded, deny Sieben's bid and award to next lowest bidder or deny this bid, reject all bids and start over. Another way is amending the work so that we can move on. The monies for the Lafayette Park Improvement Project are federal funds, and the project has a completion date of September 1, 2008. The electrical improvements at Lafayette Park are separate from the main project and are not being paid by the federal money. But if we extract this out one week, two weeks, three weeks, we endanger the city's ability to complete that entire project. Mayor Hurley noted his concern is that we not throw away $500,000.00 because we didn't meet a due date. Louis Starks, Contracts & Grants Coordinator, distributed copies of a primer on construction bonds. Mr. Starks noted the difference between a bid bond versus a performance bond versus a maintenance bond. From what he understands the bid bond primarily serves as liquidated damages in the event that the person who is deemed or the entity that is deemed the lowest responsible bidder does not enter into a contract within a reasonable period of time. Whatever that reasonable period of time may be, typically it could be a 30 day period, it could be whatever period is set forth in the bid documents or whatever period is reasonable under a reasonable person's interpretation. Mr. Starks commented that the purpose of the bid bond is to induce execution of the contract and to avoid frivolous bids such as if a person is not really serious and if the bidder's intentions were frivolous or less than serious, then the bidder would lose his/her bid bond. Mayor Hurley noted that Mr. Starks mentioned this morning that if we were talking about a performance bond or a maintenance bond there would be very little to talk about. Mr. Starks reviewed the federal government's methods of procurement to be followed. It makes a dividing line between procurements at the $100,000.00 plus level and those that are under the $100,000.00 plus level. Mr. Starks explained that 24CFR, Code of Federal Regulation Part 85, provides that the subgrantee, in this case the city, can substitute its own procurement policies in lieu of following the federal government or HUD doesn't really have any particular guidelines. They say that for construction or facility improvements for some contracts exceeding the simplified acquisition threshold (i.e. $100,000.00) the awarding agency may accept the bonding policy and requirements of the grantee or subgrantee provided the awarding agency has made a determination that the awarding agencies interest is adequately protected. What they are saying is the city can substitute the city's procurement process. The city can use Operation Thresholds procurement process in the event that they are a subgrantee. June 9, 2008 Page 4 Unfinished Business continued The city can use other agencies' procurement processes as long as they meet a certain competitive threshold. Three or more bids submitted, sealed bids if they are a certain dollar amount threshold, public advertising, a bid bond, a performance bond, and a payment bond if it meets a certain dollar threshold. Mr. Starks stated as he reads the federal regulations the city is free to use the city's policies, and he thinks the city's policy is that set forth in the bid documents on page 00200-3, which basically gives the city discretion to waive certain irregularities with respect to the bid, or even submission of the bid bond itself. Scott Jordan commented that his point today is the city hired ahts Architects to prepare the specs, and the specs require a bid bond. Mr. Jordan noted that his company put in a lot of time and effort doing the bids right. The bidder signs an application saying that he/she understands all the rules and regulations that must be followed or the bid is no good. Mr. Jordan noted his concern that Sieben Electric did not follow the rules, and if council bends the rules then why even require one. Mr. Jordan stated its pretty simple in his mind if it says you must have a bid bond, it means providing it the same day and not having to chase it down the next day. Mr. Jordan noted that Scott's Electric has 41 employees in Waterloo, Iowa and asked that he be treated fairly as they followed the rules and asked that council consider Scott's Electric. Councilperson Welper noted that in the seven years he has been here, we have gone through this bidding process numerous times. There have been cases where a bid has been submitted without a bid bond but that individual did not receive the project, someone else has always received it. This is the first time that someone who did not submit a bid bond was going to be granted the project. This is competition between electrical contractors, and like any sport you have to bring your best game, and in this case they failed to do it. Councilperson Welper asked if we were to go ahead and honor this contract to someone who didn't follow the rules then from now on what would be the sense of anyone purchasing a bid bond, why not wait to see if you get the bid and then and apply for it, just as what has been done in this situation. Councilperson Welper noted he is not in favor of supporting this. Councilperson Reggie Schmitt commented that he agrees with Councilperson Welper as far as the potential for what is going to happen in the future but he feels $7,000.00 is too much to ask the taxpayers to pay for the same project. When there is that much distance between the first bidder and the second bidder on a project of this scale, its only $68,000.00, and we have a $7,000.00 discrepancy, which is about 10 percent, he thinks we need to do a change order and have the general contractor lay the conduit and re -bid the electrical portion of it because the first bidder didn't submit the correct paperwork, and the second bidder is too far off the estimate. The general contractor is already tearing up the ground. If they lay the conduit, then whoever gets the successful electrical bid would just have to pull the wires. Councilperson Hart noted that this neighborhood group was actually the first one to give him a call wanting him to find out what was the hold up on this project. Councilperson Hart noted that he knows we have to have this money spent, the city's money for this particular part of it and asked how is the timeframe impacted to us having the work completed. If we did not have a bid bond and the contractor did not do the work as they were supposed to, wouldn't the city be the entity that would be liable to complete the project. Mayor Hurley noted that as Mr. Starks said a bid bond is a promise to execute. Its not like a performance bond which says all the work has been completed properly according to the specs, nor is it like a maintenance bond that we hold on to see that things work for two years or so. Mayor Hurley asked what do we do with the bid bonds if the bidder does not get the job. Nancy Eckert, City Clerk, responded we mail the bid bond back to the bidder. Mr. Starks noted that the bid bond is normally returned to the unsuccessful and successful bidders. Mr. Starks stated he would rather council go with the second lowest bidder than re -bid the project because of the time delay. Paul Huting, Leisure Services Director, reported that the project must be completed by September 1, 2008. Anything that delays this electrical portion could potentially delay the whole project in that we need to get conduit under the trail, under the pad where the picnic shelter is going to go as part of that project. • • • • June 9, 2008 Unfinished Business continued Mr. Huting stated that Councilperson Reggie Schmitt's idea of a change order could work, but anything we do after tonight will add at least a week because we will have to go back to the general contractor, and go back to the architect to have them break out the conduit portion and then get us fair prices because we are a little bit at the general contractor's mercy for fair price. Mr. Huting stated his preference would be to move forward with one of the two lowest bids tonight. Councilperson Reggie Schmitt's idea could work, it just adds at least a week maybe a little bit more to the overall project. Mayor Hurley asked Mr. Huting how he would assess the delay of the project if we use Councilperson Reggie Schmitt's proposal, would it be high, medium or low. Mr. Huting responded there could be a high or medium probability it will delay the project, it might be as little as a week, it may not be critical or it might be. Mr. Huting noted with the weather conditions, we have an uphill battle this construction season to get it done. Page 5 Louis Cutwright, Building & Maintenance Administrator, noted that by code laying of electrical conduit below the ground is the responsibility of the electrical contractor. Mayor Hurley asked if Mr. Cutwright were suggesting that Councilperson Reggie Schmitt's idea is not workable, and Mr. Cutwright responded that is correct. Charles Howlett, Lafayette Park Neighborhood Association, asked if Sieben Electric makes a habit of doing this or is this just a freak error. Mayor Hurley responded to his knowledge this is not a pattern. Mr. Howlett commented that he would like to see a fair arrangement but $7,000.00 is quite a gap. Mr. Howlett noted that he has nothing against either contractor, he has had Scott's Electric do work for him, but he would go with the lower bid because that is $7,000.00. Councilperson Hart inquired regarding setting a precedence is this something we are going to have to pay for down the road if someone else doesn't have the security bond. Councilperson Hart noted that as a new council member that is what he is thinking about if we do this and if someone else comes back and doesn't have one then what type of precedence is this going to set. Councilperson Hart asked Councilperson Reggie Schmitt to repeat his initial response. Councilperson Reggie Schmitt responded it is a moot point according to Mr. Cutwright. As far as the precedence setting if we wanted to take Sieben's bid without the bid bond on a non -precedent basis because we are under a time constraint, he thinks the council could amend the resolution to say that. This is non -precedent setting that we are going to accept the bid without a bid bond because $7,000.00 is too much distance between first and second place. Mayor Hurley noted that Councilperson Reggie Schmitt's idea was to have Huff Construction, who won the $500,000.00 contract, bury the conduit and remove that part from of the electrical specs, re -bid the electrical specs just to run the wires. Councilperson Cole commented she understands the immediacy of getting this project done and she doesn't want the neighborhood to lose out, but she has a serious problem with completely subverting the integrity of the bid process, and that because we are on a close time schedule that we would allow something like this to slip by when there wasn't a bid bond. Councilperson Cole noted she concurs with those who have made the point why bother at all if we are not going to adhere to the rules. Councilperson Cole stated her feeling would be to re- bid this project, and that part of the specs would be that the work will be complete by X date. It has to be done, and if you have to pay your people overtime to do it, then do it. Mayor Hurley commented council has a few alternates. We accept the bid from Sieben Electric, we go with the next lowest bidder or reject all the bids and re -bid. Mayor Hurley noted that we open bids at this table, we write down the bid amounts and we turn them over to staff. There is really nothing official about that other than the fact that we open the bids in public and record the amounts. What happens next is really the important step and that is when staff takes them, analyzes them and they come back with the lowest responsible bid. The fact that it doesn't happen very often doesn't mean that it couldn't happen every week. June 9, 2008 Unfinished Business continued In fact, a few weeks ago we opened some bids on the East 4th Street Reconstruction and there was one company that was the low bidder at this table, but when staff went through the numbers they found mathematical errors and the first and second place just flipped. Page 6 Councilperson Reggie Schmitt noted that his point was that council could award this contract on a non -precedence setting basis because the bid bond is required, but its mailed back to the bidders before the project is even completed. Its just a guarantee that they are going to perform the work. Councilperson Reggie Schmitt stated that because we have half a million dollars at stake here he thinks the council could accept the low bid on a non -precedence basis because its $7,000.00 lower than bid number 2. Mr. Huting reported the estimate costs for the electrical work was $50,000.00. The bids as opened were: Sieben Electric at $68,750.00, Scott's Electric at $75,599.47, K&W at $78,250.00, and Stickfort Electric at $84,250.00. Mr. Starks noted that Mr. Jordan makes a very valid point as does the council about the precedent value, but one thing to keep in mind is that there are different approaches in terms of different dollar amounts of the contracts. The Board of Regents will actually certify targeted small business and waive the bond because in the case of a lot of DBEs, MBEs and WBEs the argument is that the bond is an impediment to entry. For future reference, the city could note that the bond would be waived if its $100,000.00 or less or $75,000.00 or less, and we would have strict compliance if its $250,000.00. The bid document 6.02, Bid Ineligibility, says that bids that are unsigned, improperly signed or sealed, conditional, illegible, obscure, contain arithmetical errors, erasures, alterations, or irregularities of any kind may, at the discretion of the city, be declared unacceptable. B says that bid forms, appendices and enclosures that are improperly prepared may, at the discretion of the City of Waterloo, be declared unacceptable. C says that failure to provide security deposit, bonding or insurance requirements will, at the discretion the City of Waterloo, invalidate the bid. Section 7.01 Security Deposit (A) says that bids shall be accompanied by a security deposit as follows: no less than 5 percent of the bid amount. B says the security deposit shall be returned after the delivery to the city of their required performance and payment bonds. C says include the cost of the bid security in the bid amount. D says after a bid has been accepted, all securities will be returned to the respective bidders. Mr. Starks stated that arguably the bid specs give the city the discretion, but whether council wants to exercise that discretion is another issue. Mr. Starks concurred with Mr. Huting that if the council if going to throw out the bid from Sieben Electric, he would like the contract awarded to Scott's Electric because if we put the contractor under a compressed timeline requiring overtime, the cost for the contract will go up anyway. Councilperson Welper commented that Councilpersons Getty and Steve Schmitt, who are not here tonight, both voiced their opposition to awarding this contract to Sieben Electric. Councilperson Welper noted that because they are absent tonight, they have the right to ask that this item be reconsidered next week, which would put this contract off for two more weeks. Nancy Eckert, City Clerk, reported that the Code of Ordinances says that a motion to reconsider can be brought by the prevailing side or any council member absent. Councilperson Hart noted that $7,000.00 is a lot of money to taxpayers, and everyone has received phone calls, but if we take a look further around the agenda that type of money to complete this type of project that is going to do so much for that neighborhood is very comparable to the federal money we receive for this project already. Sieben Electric did not submit a bid bond for the project, and Councilperson Welper indicated two council people were already in disagreement with it and there is probably one or two others at tonight's meeting. Councilperson Hart asked what is the possibility of taking the second highest bidder and moving ahead with this project so it can be completed at a timely manner. The residents want the project to continue. Councilperson Hart called for the question. Chris Wendland, Assistant City Attorney, noted that council has the legal authority and the discretion to select any of the options that have been put before them tonight except for Councilperson Reggie Schmitt's suggestion, which cannot legally be done. Mr. Wendland commented that the bid documents gives council the right to accept or reject. • • • • June 9, 2008 Unfinished Business continued Following comments a vote was taken on the above motion with the following result. Ayes: Reggie Schmitt. Nays: Cole, Hart, Greenwood, Welper. Absent: Getty, Steve Schmitt. Motion failed. Page 7 127241 - Hart/Welper that "Resolution approving award of contract to Scott's Electric in the amount of $75,599.47 in conjunction with 2008 Lafayette Park Electrical Improvements Project", be adopted. Ayes: Four. Nays: Reggie Schmitt. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-473. PETITIONS FROM PUBLIC 127242 - Welper/Reggie Schmitt that communication from City Planner transmitting request of Budke Properties to vacate, sell and convey for $1.00 a portion of West Airline Highway adjacent to 3533 West Airline Highway to allow for construction of a monument sign, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 23, 2008, 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: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-474. DOCUMENTS 127243 - Hart/Greenwood that communication from Associate Engineer transmitting Change Order No. 4 for a net increase in the amount of $10,747.75 for work to be performed by K. Cunningham Construction of Cedar Falls, Iowa in conjunction with F.X. 2007 Riverloop Exposition Plaza, Phase I, Contract No. 721, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127244 - Hart/Greenwood that communication from Associate Engineer transmitting Change Order for a net increase in the amount of $491,013.25 for work to be 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. Mayor Hurley noted there was council work session prior to tonight's council meeting for this change order in the amount of $491,000.00. Councilperson Greenwood noted that the after the coffer dam was put in they did drilling and took core sample, they could see there are voids in the rock in the bedrock of the damn. So instead of putting 15 foot support type of steel beams and material there, they have to go 50 foot to shore up the dam with anchor rods so it will sit properly and not tip over. The anchor rods are more costly as they are a specialized type of steel so its quite a bit more expensive. Councilperson Reggie Schmitt stated he thinks today's river levels are indicative of why these anchors need to be a longer and larger diameter. We don't want the dam to end up in Cedar Rapids, and that is where it would be today if we didn't do this. Mayor Hurley noted if council approves this change order, we will not use property tax money, but the city's solid waste management distribution. If council would say that we are not going to do this because it is too expensive, it would be more expensive than this to get out of the Vision Iowa contract. Waterloo would end up at minimum paying one of our partners one half million dollars and another partner $700,000.00 and the city would end up having nothing. Then if we wanted to proceed, it would come out of property tax dollars or the debt service levy instead of Vision Iowa money. June 9, 2008 Documents continued Councilperson Hart noted that he had a lot of the concerns which were expressed earlier during the council work session, but Councilperson Reggie Schmitt just talked about the occurrences over the last couple of days and the potential impact that it would have, and after listening to the conversation about Vision Iowa and what we already have in this project, he now feels a little bit better. Page 8 Mayor Hurley commented that he doesn't think anyone feels good about it, but this is what happens in a project like this when you don't have super powers to see underwater and underground. Councilperson Greenwood commented that he also had a lot of concerns about this change order, but the Army Corps of Engineers did four samples, then we put the coffer dam in and did more samples because we had the water shut off, and there were voids in the bedrock. Councilperson Greenwood stated he feels comfortable that proper due diligence was done up front, but we really couldn't afford to do 50 core samples to see exactly what was there. Councilperson Welper reminded everyone that when we were going through the Vision Iowa project as to what the citizens wanted, we heard over and over that the citizens wanted the river. We don't have x-ray vision, we can't see what is underground. These are just things that come up that we have to pay for, its unfortunate, but if we are going to address the river this is what we are going to have to do. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127245 Reggie Schmitt/Greenwood that communication from City Planner transmitting request of Jacalyn & Roy Cole for tax exemptions on improvements totaling $10,951.00 for property located at 614 Adrian Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-475. 127246 Reggie Schmitt/Greenwood that communication from City Planner transmitting request of Christopher & Sue Reams for tax exemptions on improvements totaling $13,813.00 for property located at 1915 Falls Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-476. 127247 - Reggie Schmitt/Greenwood that communication from Airport Director transmitting Aviation Administration for a grant in the amount of $218,595.00 for the Master Plan Update Project, approving said agreement", agreement with Federal Airport be received, placed on file and "Resolution be adopted and Mayor and City Clerk authorized to Absent: Getty, Steve Schmitt. execute same. Ayes: Five. Resolution adopted and upon 127248 Reggie Schmitt/Greenwood approval by Mayor assigned No. 2008-477. that communication from Airport Director transmitting agreement with the Federal Aviation Administration for a grant in the amount of $522,596.00 for engineering and construction of the General Aviation Apron and Taxilanes Rehabilitation (Phase II) Project at the Waterloo Regional Airport, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-478. • • • • June 9, 2008 Documents continued Page 9 127249 Reggie Schmitt/Greenwood that communication from Airport Director transmitting agreement with Earth Tech Engineering of Waterloo, Iowa for Construction Review Services at a cost of $52,800.00 in conjunction with the General Aviation Apron and Taxilanes Rehabilitation (Phase II) Project at Waterloo Regional Airport, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-479. 127250 - Cole/Reggie Schmitt that communication from Associate Engineer transmitting levee certification agreement with Federal Emergency Management Agency (FEMA) to certify that the levy system protects against the 100 year flood, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley explained that FEMA notified all cities that we would have to approve the levee certification agreement certifying that the levee system protects against the 100 year flood. If we do not approve the certification agreement, property owners would be required to purchase flood insurance. The agreement gives the city two years to actually comply with that certification. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-480. 127251 - Cole/Reggie Schmitt that communication from Leisure Services Director transmitting agreement with Community Foundation of Waterloo/Cedar Falls and Northeast Iowa creating a Non - Endowed and Designated Fund for Waterloo athletic facilities, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if this agreement with Community Foundation sets up a fund for people who want to donate. Paul Huting, Leisure Services Director, responded that this would be a broad range fund for anyone who would want to donate to any of our athletic facilities. We have a number of accounts with Community Foundation, and any donation would be tax deductible. There a number of projects, so this would be a central fund that could be used for those projects. Councilperson Hart asked if there is a listing or strategic plan of things that would be funded. Mr. Huting responded they are currently working on the youth baseball/softball project at Exchange Park, and there could be a number of things in the future. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-481. 127252 - Cole/Reggie Schmitt that communication from Leisure Services Sports Manager transmitting agreement with Black Hawk County Gaming Association for grant in the amount of $75,000.00 for improvements to the Hoing-Rice Adult Softball Complex, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-482. June 9, 2008 Page 10 Documents continued 127253 - Cole/Reggie Schmitt that communication from City Planner transmitting Property Access Agreement for vacant lot on 100 block of Commercial Street for environmental site assessment as part of the Brownfields Redevelopment Program in the downtown, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-483. 127254 - Cole/Reggie Schmitt that communication from Police Chief transmitting application with the Department of Justice, Bureau of Justice Assistance for FY2008 Justice Assistance Grant (JAG) in the amount of $22,840.00, with no required match, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-484. 127255 - Welper/Hart that communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a cost of $1,500.00 to prepare application for State Recreational Trails Program grant to be used for the trail portion from 6th to 18th Street on the south side of the Cedar River, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper commented he thought this was part of the Vision Iowa project. Mayor Hurley responded there is confusion when we talk about Vision Iowa and when we talk about downtown redevelopment and the Downtown Master Plan. Vision Iowa funded the frame work of renovation, but it did not include all the amenities. Paul Huting, Leisure Services Director, explained this is an additional trail that runs from downtown to 18th Street. Michelle Weidner, Chief Financial Officer, noted that this part of the trail is one of the Vision Iowa projects, but the whole Vision Iowa menu of projects is about a $40 million dollar package. We have been obtaining lots of state grants, other than Vision Iowa money, as part of all the bike trails. This is just another piece of the entire funding package for the whole Riverfront Renaissance project, which is a subset of the Downtown Master Plan. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-485. 127256 - Welper/Hart that communication from Community Planning & Development Director transmitting application for State Recreational Trails grant to be used for the trail portion from 6th to 18th Street on the south side of the Cedar River as part of the River Loop system of the Downtown Master Plan, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-486. • • • • June 9, 2008 RESOLUTIONS TO BE ADOPTED 127257 - Greenwood/Reggie Schmitt Page 11 that "Resolution directing the acceptance of a proposal from Regions Bank to purchase $300,000.00 General Obligation Capital Loan Notes, Taxable Series 2008C at 4.3787 percent True Interest Rate", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported that according to Speer Financial, the city received four bids: Regions Bank's interest rate was 4.3787 percent, Bank of Iowa was 4.7024 percent, Liberty Bank was 4.8984 percent and Wells Fargo was 4.8984 percent. The recommendation from Speer Financial is to accept the bid from Regions Bank. Larry Burger, Vice President of Speer Financial, reported that request for bids were only sent to the local banks because this is the annual borrowing that we do for sick leave payouts. It is a taxable issue according to the bonding attorney. Speer Financial received four bids today, and they are recommending that the bid from Regions Bank of Waterloo at 4.3787 percent true interest rate. Mr. Burger noted that last year we issued capital loan notes for the same reason, and the low interest rate was from Liberty Bank at 6.41 percent. Mr. Burger noted that a balloon payment is due June 1, 2009. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-487. 127258 - Greenwood/Reggie Schmitt that "Resolution appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar and transfer agent and approving the paying agent and bond registrar and transfer agent agreement in conjunction with Issuance of $10,000,000.00 General Obligation Bonds, Series 2008A", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-488. 127259 - Reggie Schmitt/Cole that "Resolution authorizing Partial Redemption of Outstanding General Obligation Bonds, Series 1999A, dated March 1, 1999 and directing notice of said redemption", be adopted. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-489. 127260 - Welper/Cole that Tax Exemption Certificate in conjunction with Issuance of $10,000,000.00 General Obligation Bonds, Series 2008A, be received, placed on file and approved. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127261 - Welper/Greenwood that Continuing Disclosure Certificate in conjunction with Issuance of $10,000,000.00 General Obligation Bonds, Series 2008A, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127262 - Welper/Greenwood that Refunding Trust Agreement in conjunction with Issuance of $10,000,000.00 General Obligation Bonds, Series 2008A, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127263 - Welper/Greenwood that "Resolution authorizing and providing for the Issuance of $10,000,000.00 General Obligation Bonds, Series 2008A and levying tax to pay for said bonds", be adopted. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-490. June 9, 2008 Resolutions to be Adopted continued 127264 - Hart/Reggie Schmitt Page 12 that "Resolution appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar and transfer agent and approving the paying agent and bond registrar and transfer agent agreement in conjunction with Issuance of $2,975,000.00 General Obligation Bonds, Taxable Series 2008B", be adopted. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-491. 127265 - Hart/Reggie Schmitt that Continuing Disclosure Certificate in conjunction with Issuance of $2,975,000.00 General Obligation Bonds, Taxable Series 2008B, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127266 - Hart/Reggie Schmitt that "Resolution authorizing and General Obligation Bonds, Taxable bonds", be adopted. Ayes: Five. providing for the Issuance of $2,975,000.00 Series 2008B and levying tax to pay for said Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-492. ORDINANCES TO BE ADOPTED 127267 - Greenwood/Welper that "an Ordinance amending Ordinance No. 3842, known as the Traffic Code, by adopting the 2008 Traffic Code for the City of Waterloo, Iowa", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. 127268 - Reggie Schmitt/Welper that "an Ordinance amending the 2007 Waterloo Code of Ordinances by repealing Discharging and Possessing Air Rifles and Similar Devices; Section 5-2-6, Discharging Weapons, of Chapter 2, General itle 5, Police Regulations; and enacting in lieu thereof new Discharging and Possessing Air Rifles and Similar Devices; Subsection B, Exception, of Offenses, of T Subsection B, Exception, of Section 5-2-6, Discharging Weapons, of Chapter 2, General Offenses, of Title 5, Police Regulations (allowing person with valid fishing license to use bow and arrow during time periods permitted by state law and city stipulations)", be received, placed on file, considered and passed for the first time. Ayes: Four. Nays: Cole. Absent: Getty, Steve Schmitt. Motion carried. NEW BUSINESS 127269 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting request to vacate a driveway easement and a telegraph easement on Lots 1 through 3 in Block 3 of James Eggers Addition and unplatted land adjacent on city -owned property generally located at the southwest corner of Commercial Street and Mullan Avenue for the purpose of a new US Bank drive-thru facility, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 23, 2008, 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: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-493. • • • June 9, 2008 New Business continued 127270 - Hart/Reggie Schmitt that communication from Superintendent of Streets award of contract in the amount not to exceed quantities to Bituminous Materials & Supply, asphalt emulsion products to be used for this Crack Sealing Program, be received, placed on award of said contract", be adopted. Ayes: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-494. 127271 - Hart/Reggie Schmitt Page 13 transmitting recommendation of $211,025.00 based on estimated L.P. of Des Moines, Iowa for year's Oiling/Seal Coating and file and "Resolution approving Five. Absent: Getty, Steve that communication from Superintendent of Streets transmitting recommendation of award of contract to North American Salt Company at a cost of $69.24 per ton for FY09 Snow and Ice Control Programs, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-495. 127272 Welper/Hart to instruct Superintendent of Central Garage to prepare bid specifications, etc. in conjunction with Purchase of Two Snow Control received, placed on file and approved. Ayes: Five. Absent: Schmitt. Motion carried. 127273 - Welper/Hart that bid documents, specifications, etc. in Snow Control Trucks, be received and placed Getty, Steve Schmitt. Motion carried. 127274 - Welper/Hart documents, Trucks, be Getty, Steve conjunction with Purchase of Two on file. Ayes: Five. Absent: that "Resolution preliminarily approving bid documents, conjunction with above described project", be adopted. Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No 127275 - Welper/Hart specifications, etc. in Ayes: Five. Absent: . 2008-496. that "Resolution setting date of hearing on bid documents, specifications, etc. as June 23, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Getty, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-497. ORAL PRESENTATIONS 127276 - Mayor Hurley reported that last week at oral comments a gentleman got up and explained a situation with some fights outside of City Hall, and his approach to some mounted police officers in the back. Tom Jennings, Police Chief, reported there were three officers who were attending to a horse that needed some attention. They had just gone through the area, there was no fight. The gentleman became up upset, and he basically got in his car and left. The officer went back to the area, checked and there was no fight. There was no fight reported to dispatch, there was no fight reported to the watch commander, there were no injuries. It was basically kids being kids. Chief Jennings noted that the officers did exactly what they were supposed to do. Chief Jennings stated his is not sure why the gentleman was upset, but there was no action to take, it was just kids messing around. There were a lot of people in downtown Waterloo, but it really was an uneventful night for the police department. Chief Jennings noted he got a hold of the gentleman on Wednesday. Chief Jennings commented that what you see and what is actually taking place and your perception isn't always the exact same thing. June 9, 2008 Oral Presentations continued Mayor Hurley noted he has a copy of a letter Chief Jennings wrote to Ms. Penelope Willams who lives in Illinois. Mayor Hurley thanked Ms. Williams on behalf of the Waterloo Police Department mounted patrol for her gift of $1,000.00 in memory of Ronald Willams. Page 14 Melvina Scott, 413 Oneida Street, reported that the Juneteenth Celebration will be held on June 14-22, 2008. Juneteenth is a world wide celebration of African Americans' culture and heritage in cities and countries around the world. This year's theme is Unity in the Community. Ms. Scott reviewed activities starting Saturday when the Black Business Expo will take place at the New Hope Baptist Church. On Tuesday, June 17, 2008 from 5:00 p.m. to 9:00 p.m. at East High School's parking lot there will be an outside summer concert with the students. On Wednesday, June 18, 2008 the NAACP Peace March takes place starting at Lincoln Park, Gates Park, Ferguson Field and ending in Sullivan Park. Some of the finest barbequers and food vendors in the city will be selling and giving information. On Thursday, June 19, 2008 from 7:00 p.m. to 10:00 p.m., there will be a fashion show and poetry at the Talk Shop Cafe located at 1015 E. 4th Street. On Friday there will be a block party with food vendors between Lime Street to Adams Street. Sullivan Park will be the location for a basketball tournament from 5:30 p.m. to 8:30 p.m. Blues Night will be performing at the African American Museum parking lot. The Martin Luther King Day Celebration will be on June 21, 2008 from Noon to 4:00 p.m. at Ferguson Field, and there will be games, a magic show, bingo, food and free health screening. Councilperson Hart commented he has had conversations with Mayor Hurley about the diversity we have in the city and tapping into all those parts. We have our Irish Fest, our Bosnian Fest, and Cinco de Mayo. Councilperson Hart noted he has worked with the Juneteenth project for a year or two now, and it is an excellent opportunity to come together as a city and as a community. Councilperson Hart recognized Ms. Scott, David Meeks and all the entities for making sure that the tradition of Juneteenth is kept alive. That the young people have something to hold onto, embrace it and realize the struggles that they have gone through and the possibilities of the future. Reggie Schmitt/Welper that the above oral comments be received and placed on file. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. ADJOURNMENT 127277 - Hart/Cole that the Council adjourn at 7:12 p.m. Ayes: Five. Absent: Getty, Steve Schmitt. Motion carried. rdej- Na cy Eckert, CMC City Clerk • •