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HomeMy WebLinkAboutMinutes-10/20/2008October 20, 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, October 20, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Getty, Hart. Moment of Silence. Pledge of Allegiance: Noel Anderson, Community Planning & Development Director. 127965 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular 2008, at 5:30 p.m., be accepted and approved. Hart. Motion carried. Session on Monday, October 20, Ayes: Five. Absent: Getty, 127966 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 13, 2008, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Getty, Hart. Motion carried. Mayor Hurley read a Proclamation declaring October 19-25, 2008 as CHARACTER COUNTS Week. Mayor Hurley read a Proclamation declaring October 23-31, 2008 as Red Ribbon Week. Mayor Hurley read Technology Week. CONSENT AGENDA 127967 - Reggie Schmitt/Steve Schmitt that the following items on the consent agenda be received, placed on file and approved: a Proclamation declaring November 2-8, 2008 as Radiologic a. Resolution to approve the following: 1. Resolution approving Schedule AP642, pp. 1-84, dated October 20, 2008, in the amount of $822,941.05, 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. 2008-904. b. Beer/Liquor License Permit Application Class C Embassy Lounge, 225 East 5th Street (Renewal) (Expires 11/22/09) (Includes Sunday Sales) Jeorgi's, 1905 Commercial (New) (Expires 10/14/09) c. Liquor License Permit Application Class A The Supervisors Club, 3265 DeWitt Road (Renewal) Sunday Sales) d. Outdoor Service Area Application The Supervisors Club, 3265 DeWitt Road (Expires 11/9/09) (Includes e. Cigarette/Tobacco Permit Application Eagle's After Hours, 312 West 4th Street Ayes: Five, with Councilperson Reggie Schmitt abstaining on PV9610 which is reimbursement for Iowa League of Cities meeting. Absent: Getty, Hart. Motion carried. HEARINGS & BIDS 127968 - Welper/Steve Schmitt that proof of publication of notice of public hearing on Purchase of One 2009 Automated Side -Loading Garbage Truck, as published in the Waterloo Courier on October 10, 2008, be received and placed on file. Ayes: Five. Absent: Getty, Hart. Motion carried. October 20, 2008 Page 2 Hearings & Bids continued 127969 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Steve Schmitt that the hearing be closed. Ayes: Five. Absent: Getty, Hart. Motion carried. 127970 - Welper/Steve Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One 2009 Automated Side -Loading Garbage Truck", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-905. 127971 Welper/Steve Schmitt that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-906. 127972 - Welper/Steve Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Truck MFG Bid Amount Truck Country, Cedar Rapids, IA Condor $230,507.00 Truck Country, Cedar Rapids, IA AutoCar $211,754.00 Cedar Rapids Truck Ctr, Cedar Rapids, IA Mack $203,668.09 Ayes: Five. Absent: Getty, Hart. Motion carried. 127973 - Cole/Reggie Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Fire Chief for review in conjunction with Regional Training Center Hydrant Loop Project: Bidder Watco Const., Inc., Waterloo, IA Bid Bond Bid Amount 5% $77,465.00 Ayes: Five. Absent: Getty, Hart. Motion carried. HEARINGS 127974 - Steve Schmitt/Welper that proof of publication of notice of public hearing on request of CommonBond Communities to rezone from "R-2" One and Two Family Residence District to "R - 3,R -P" Planned Multiple Residence District property generally located on the block bounded by Ash Street, Mobile Street, Newell Street and Webster Street to allow for the development of 40 townhouse units and a community building, as published in the Waterloo Courier on October 10, 2008, be received and placed on file. Ayes: Five. Absent: Getty, Hart. Motion carried. 127975 This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported that a petition in opposition was received this afternoon with approximately 85 signatures. Ms. Eckert reported that Ed Dolan of Red Carpet on Newell Street contacted her this afternoon that he was unable to attend tonight's meeting, but wanted the council to know that he supports this development. • • • • October 20, 2008 Page 3 Hearings continued Ellen Higgins, Vice President of Housing Development for CommonBond Communities explained that their headquarters are located in St. Paul Minnesota. Ms. Higgins thanked the council for the opportunity to present CommonBond's proposal for creating a high quality, affordable housing community in east Waterloo in collaboration with the Sisters of Mercy and other community organizations. The mission of CommonBond communities is to build a community, not just to build housing. CommonBond believes that you build a community by providing high quality, affordable housing as a stepping stone to success. Their idea is to build housing that allows people to eventually move into market rate when they have more stable lives or to actually own a home. CommonBond isn't just building buildings, they believe they transform the lives of the children, the adults and the seniors who live in their buildings who have the opportunity for stable homes and who very much feel that they are engaged in and committed to the community. Founded 37 years ago, CommonBond has become the largest provider of affordable housing in the upper Midwest, and they are present in 42 cities, Minnesota, Wisconsin, and most recently entering the Iowa market where they purchased four housing communities in Des Moines and are currently working on the financing to substantially rehabilitate those housing communities so that they are preserved for the next 30 years. Their portfolio includes 107 housing communities, and of the 107, they have approximately 5,000 apartments and townhomes that are serving 7,800 residents. Ms. Higgins noted that CommonBond does not come into a community to develop, build and sell, but they come into a community to own housing, manage the housing and take responsibility of maintaining the housing. CommonBond has over $75 million in net assets and employs 350 people in their three divisions, which are development, property management and resident services. CommonBond believes that stable housing is the cornerstone of healthy, vibrant communities. Ms. Higgins explained that CommonBond is proposing an $8.5 million investment in East Waterloo in the form of developing 40 family townhomes on the site. The townhomes are being targeted to families with incomes at 40 and 50 percent of area median income. They chose that because they did some preliminary market studies to ask what is the real need in East Waterloo for housing, and those income ranges translate into people, a certain portion of the townhomes would be marketed to people with incomes between $22,000.00 to $26,000.00, and a portion of the townhomes marketed to people with incomes of $33,000.00 to $36,000.00, which is 40 and 50 percent of area median income. Those people are typically nurses aides, teachers assistants, start up teachers, and they are usually working families. Many of them with two sometimes even three jobs in order to make it and to pay for quality housing. CommonBond is proposing that this be a community that will provide a community center as part of the entire development because they have a very developed resident services program that they have designed for the residents who are actually within the community. In the case of a family housing community, those services would be designed to focus on the adults and the idea of job stability, potentially career advancement, resume writing and the like. For the children ranging from preschool up through teenage years looking at readiness for kindergarten, and looking at study buddy programs, homework helper programs, and for the older, youth activities after school and during the summer. CommonBond is proposing two, three and four bedroom townhomes and will be focusing on the family need in East Waterloo at those various income ranges. Ms. Higgins noted that from a number of community meetings, people are asking how CommonBond chooses the residents who come into those communities. As a property management company, they have a manual that is as thick as a telephone book that guides the actual selection and screening process. They have found over the past 37 years that they don't have very much difficulty in finding families and individuals for the affordable housing. In fact, in the last two townhome developments that they completed or are in the process of completing in Minnesota, a 50 townhome development in a high-end suburb of Minneapolis called Plymouth. For those 50 townhome units, they had 300 applications fully qualified, and they filled that development up within a month and a half. For another 50 townhome development they are completing in a suburb of St. Paul, they have 400 qualified applications. The need has only been getting greater. They do credit checks, criminal record checks, get a history of where people have lived in the past and check how other landlords have dealt with these particular residents. The screening is very demanding and as a result they havevery stable communities, which is what they are looking for because they are looking to make their communities an asset to East Waterloo, not a liability. CommonBond is in the process of organizing their financing. CommonBond is lucky enough that they do so much volume of business in the upper Midwest and the upper Midwest remains an area where investors across the country, those that are left, are still interested in investing and they have a major tax credit syndicator who is working hand in hand with them on their financing packages, Enterprise Communities out of Baltimore. CommonBond is putting together their financing applications to the Iowa Finance Authority, and they hope to have that completed by the end of October. October 20, 2008 Page 4 Hearings continued Councilperson Cole asked Ms. Higgins to elaborate a little bit on CommonBond's relationship with the Sisters of Mercy. Ms. Higgins responded that about three years ago they received a call from the Sisters of Mercy and Mercy Housing out of Denver. Mercy Housing, which is the developer partner with the Sisters of Mercy chapters across the United States, was reorganizing its developmental territory and determined that Iowa and a number of states in the Midwest would no longer be a part of their mission. They knew that there was still a need in the Midwest, and as a result they called CommonBond and asked them to meet with the Sisters of Mercy in Waterloo about some market needs that they had identified, CommonBond did some preliminary market studies and have been working with the Sisters of Mercy ever since to get introduced to the community and basically looking for good sites because CommonBond was convinced the market made sense. CommonBond went to Des Moines and talked with the Iowa Finance Agency to see if they were supportive of financing new developments in the East Waterloo market, and yes, they are supportive. CommonBond just 3% weeks ago concluded the negotiations on the particular site that they have identified. Councilperson Cole commented that one of the things noted throughout is that there is programming and education for both adults and children, and she asked if the Sisters of Mercy are involved in this or is this something that CommonBond handles. Ms. Higgins responded CommonBond will spearhead the efforts through their Advantage Service Program. In those areas where there aren't other service providers, CommonBond will provide it, they have case workers, educators, and a number of people on staff. CommonBond prefers to collaborate with existing providers and coordinate their efforts, and to the extent the Sisters of Mercy provide services they will be working with CommonBond. CommonBond will provide the space and work with groups in the community to obtain the funding they might need to help pay for the various services. This afternoon they had a pretty productive session with a number of community organizations that are interested in collaborating with CommonBond on this. Councilperson Reggie Schmitt noted that Ms. Higgins shared some pretty impressive numbers, and he saw the same numbers on CommonBond's website, and he asked if CommonBond Communities has ever divested themselves of any project or community that they have started. Ms. Higgins responded no they haven't. Councilperson Reggie Schmitt asked if they have owned every project that they have implemented and still manage. Ms. Higgins responded yes they do. In fact there is only one community where they actually sold a senior community. Its a full service continuum of care where CommonBond had rental townhomes as part of the whole campus. It turned out that seniors wanted to own so CommonBond converted those to condominiums so they could sell them as affordable condos to those seniors who wanted home ownership on the campus, but CommonBond still manages that facility and they have kept all the others. Mayor Hurley asked if CommonBond is proposing strictly rental on this site and not a rent to buy program. Ms. Higgins responded yes it is strictly rental on this site, but they are exploring the rent to buy program. Iowa is further ahead than Minnesota in that whole concept. CommonBond is actually looking at an acquisition of a rental to buy project in Davenport right now. Councilperson Greenwood asked if the city has committed $58,0000.00 in Home funds. Rudy Jones, Community Development Director, responded last year a tentative application was made to the Community Development Board and they did reserve that amount of money. . Councilperson Greenwood noted that this is a $8.5 million dollar development with 40 units, which is $212,000.00 per unit. That is not just construction costs, but would take into account the land acquisition, the soft costs for financing as well as the architect and other third party costs. Councilperson Greenwood asked what is the construction hard cost per unit. A representative from CommonBond responded that construction hard costs per unit are approximately $145,000.00. Mayor Hurley asked if CommonBond is a not-for-profit organization. Ms. Higgins responded CommonBond Communities is a not-for-profit 501c3 organization and is the umbrella organization for CommonBond Housing and CommonBond Investment Corp. CommonBond Communities does not pay taxes, but CommonBond Housing is a taxable non-profit. • • October 20, 2008 Page 5 Hearings continued Councilperson Greenwood noted that the development is would probably have tax abatement for ten years, CommonBond has requested the tax abatement under the entity owning the housing will be taxable entity and pay property taxes. Redonna Parker, 624 Adams Street, explained that she half from the area that this is supposedly planned. main question is if this will be Section 8 Housing. in the CURA District and Ms. Higgins responded CURA program because the CommonBond typically does lives about a block and a Ms. Parker noted that her Ms. Higgins responded no, this project is not Section 8 Housing, and there is no project based rental assistance proposed for this development Its possible that an individual tenant could have a Section 8 voucher or a certificate and qualify to live here just like in any rental housing property, but it is not a Section 8 development. Ms. Parker asked if a Section 8 person lives there where would the oversight be to determine whether that person abides by the Section 8 rules as far as family members. Ms. Higgins replied CommonBond Communities will have a profession site manager working at the proposed project, in a full time or 34 time position, and that professional site manager will do all of the tenant screening, including determinations regarding various eligibility criteria. The actual Section 8 income verification will most likely be handled by the local Housing Authority who is responsible for that Section 8 certificate or voucher. But the actual screening to determine that persons are suitability to live in this property according to CommonBond's screening criteria will be performed by CommonBond's local site manager. Ms. Parker explained her problem with Section 8 is that usually its younger females in need with children. In her neighborhood they are having a terrible, terrible drug problem, and a lot of the drug problems come from young males or young people residing with women who qualify for Section 8. Ms. Parker asked in most circumstances where is the oversight going to come for that. Ms. Higgins replied the oversight will come from the Waterloo Housing Authority, and CommonBond does background checks on the tenants that come through their program. Ms. Parker asked how much authority will the city have with our current codes such as cars parked on the parking or grass or on property where they shouldn't be parked. Mayor Hurley explained that the Planning, Programming and Zoning Commission approved this rezoning request on 6 to 2 vote and it was subject to the following conditions: The retention of easement over the existing storm sewer, and that the final site plans meet all applicable city codes, regulations, etc., including but not limited to parking, landscaping, drainage, etc. There is no escape from our building codes or our code of ordinances. Ms. Parker asked if these units will have foundations or basements. Ms. Higgins responded the proposal is for the individual units to not have basements. However, they are proposing that a full basement be constructed under the community building, and that could be used for a storm shelter. In addition to that, they are also looking at the four handicapped units creating storm shelter spaces that would be sort of free-standing, reinforced areas surrounding the bathroom space that creates a safe storm shelter for those people that might not be able to get to the community center and access the basement space. Reverend Joseph Baring, 1024 Mobile and Pastor of Payne Memorial AME Church, noted he would hope council would support this effort to get that property zoned and those homes put in there. It would enhance the community, it would provide adequate housing, and he believes it would also provide opportunity for the churches in the religious community to impact the lives of the people living in those 40 units. Reverend Baring stated he thinks it would change that area dramatically. Charles Myles, UNITY Neighborhood Association member, read a prepared statement to the mayor and council. He has been involved with his neighborhood because he is tired of seeing the same old faces on the north side of Waterloo. No good housing, no shopping centers, no good place to sit down and eat, no entertainment and recreations, and the list goes on. Our children's children need the same as the south side of town has which is progress and jobs for our youth. October 20, 2008 Page 6 Hearings continued We are living in the future for ourselves, and that is why he is trying to make a better place for his children and grandchildren so they don't have to leave Waterloo for a better life. This side of town can be just as good as the other, but if this side don't change it will remain dead, only be known for jails and children. Lets work together and make the north side better, a better place for all of us. Linda Johnson, 1225 Beech Street, explained she doesn't understand CommonBond's involvement with Section 8 Housing because at the first two meetings that they had with Cynthia she did say that these units would be for Section 8 recipients and also there were some other types of government subsidy. Tonight, she is not certain if she is hearing that it would be Section 8 subsidized or not, but they need an understanding of Section 8 and a clarification of the taxes, if the city is going to receive any revenue taxes and how much, what benefits is this going to be for the city for these units to be put up. The neighborhood is concerned for the safety of their children, their churches. They have a school where the children walk back and forth to school so they are concerned about that. You move into areas you feel are safe for you and your family, you don't want to live in a community where you think that your life and your children's lives could be threatened. That any types of persons can move into that area. Ms Johnson stated that most people will move out from areas like theirs, but they have found a safe net to live in a small community area where there are elderly, people who have been in their homes for several years and they feel safe. Now they are feeling threatened because when you are talking about putting 80 to 100 residents into an area at the drop of a hat, when you are talking about government subsidized, we can get good -people and we can get bad people. We can get people who will come into the community and embrace what we embrace in our community and then we can get people that will not work, will not care what the community looks like, will not care about anything, with different morals and values. Ms. Johnson noted they are just concerned about more than just a structural building that looks beautiful to the eye, they are also concerned about what's going to happen in five to ten years. What's going to happen to their children who are walking back and forth to school. They are concerned about a lot more things than just the dollar. Ms Johnson asked the council to consider the neighbor's concerns. Ms. Johnson noted they asked them about no parking zones being placed on the sides of the streets where there are residents because they know there is going to be traffic congestions. Reverend Michael E. Coleman, Pastor of Antioch Baptist Church and also Vice President of the Eastside Ministers Association, stated he had concerns that we would be in true partnership, in collaboration, concerns of an organization coming into their community and having great plans for them but not really including the community. Reverend Coleman noted that he went to a few meetings and listened to what their proposals were, and he has come to the conclusion that he has been her for 15 years and that track of land has been there for 15 years looking just like its looking, doing nothing. Reverend Coleman stated his concerns were answered at that meeting. He found out that it wasn't a low income in the terms of assistance of Section 8, it was affordable housing. The other concern was partner, not coming in and telling everyone what we need but asking us what we need and then the services that they can provide. Reverend Coleman noted he has been convinced sitting at the meeting that they want to do something good, and they want to partner with the community. They said construction is still in its developmental stages so we can put some input and that right there answers the parking situations and a lot of different things. Reverend Coleman stated he hopes council changes the zoning so CommonBond can put in the development. Matt Boyd, 1422 Vine and President of the Highland Neighborhood Association, stated that a few years back he and Charles Myles came before the council to protest several housing developments that were being placed around east Waterloo, but they were a totally different kind of development, and he can understand the suspicions of the neighbors. Mr. Boyd stated he has had 100s of questions brought to him by people in his neighborhood and surrounding neighborhoods. Mr. Boyd urged people from the community to continue to attend the meetings, continue to ask the very tough questions of these people that they've been asking, study their web site, call the towns where they have units and hopefully come to the same conclusion that he did, and that this is indeed development that we need in east Waterloo and he approves passing the zoning. Sister Cathy Phil, House of Mercy, 714 Newell Street, stated she is happy to say that they are collaborators and partners with CommonBond in this project. She grew up near Waterloo and worked in Waterloo or near Waterloo for some time. She was away from Waterloo for a while and was coming back and before she even got to Waterloo she received phone calls saying you've got to work for affordable housing, families need affordable housing. • • • • October 20, 2008 Page 7 Hearings continued There was a group that started to study the issue. They hired Mercy Housing Inc. to come and do a feasibility study, which verified that affordable housing was needed, and what was needed was quality, affordable housing not just a housing unit that people can come to but one where their needs are met. Where they are given the support that they need, a quality housing. If you read the mission of CommonBond, they speak to all the values that Sisters of Mercy have in terms of having that quality, working with the community and building community. Sister Phil urged the council to pass this rezoning. Councilperson Steve Schmitt reported he had a couple of calls right before the council meeting. One was from Lou Porter, President of KBBG radio, and the other call was from former council member and State Representative Deborah Berry. Both of those young ladies called him supporting this and basically along the same lines as Pastor Coleman and Pastor Baring that these, in their view, are quality, affordable housing units not low income. While he thinks they have empathy for Ms. Johnson's concerns about the potential of what could go wrong, he thinks we all understand that there are no guarantees in this world and in their opinion this is a good project for the 4th Ward of Waterloo, and they support it. Ethel Washington, Director of Waterloo Housing Authority, stated she is kind of sad that Section 8 has the myth of being such a horrible program because it really isn't. When someone comes into the Section 8 Program, they do background checks. First a person has to sign up for the program and placed on a waiting list. They pull people off the waiting list and at that point in time when they pull them off they do background checks. They check their backgrounds for drugs, for family members that should not be in the household, any number of things. They check their clients thoroughly. They can't control everybody or they can't control always who is in the household, but once they find that someone is in the household that should not be in the household they usually terminate them from the program. They normally would call them in or would do some background checking, and once they find that a person is in the household that shouldn't be in the household they are terminated. Waterloo Housing Authority is pretty strict, and she understands that Waterloo is stricter than most of the other housing authorities. They don't pride themselves in that, its just that that's what they are told by the other Housing Authorities. Ms. Higgins noted that this particular housing community is not going to be a project based Section 8 Housing community, but CommonBond does run Section 8 Housing communities, and they are as fine as the other communities that they run. They simply serve people with a little lower incomes, they go through the same screening checks, and they run those communities the same way. Ms. Washington noted before she came to the Waterloo Housing Authority she owned rental properties and had a number of properties that were on the Section 8 Program. She preferred her properties to be on the Section 8 Program as opposed to the market renters because where your usually having your problem is with the market renters. We can't control the market renters, we can't control what they do, we can control the Section 8 tenants by making sure we do our complaint inspections. Her preference was to have her properties on the Section 8 program because she made sure that the properties were in the condition, that the tenant had a safe and sanitary environment. If she had a preference and if she had properties that were Section 8 properties, she would prefer that they be on the program because then you have more control than if they are market renters. We don't have any control and when you call Housing Authority there is nothing they can do about a property that is not on the Section 8 Program. Noel Anderson, Community Planning & Development Director, explained the spreadsheet put together by the Planning staff with the names and addresses of persons on the petition of opposition. Mr. Anderson noted that by State Code if the opposition percentage were over 20 percent it would require a super majority or 6 of 7 council members. Based on the petition that was submitted it totals up to 18.25 percent which would only require four of seven council members or a simple majority. Council members expressed concerns about the spread sheet and noted that several names were listed twice as opposed or as in favor and different addresses. Eric Schroeder, City Planner, explained that Shane Graham in the Planning office did the opposition map and the calculations, and we may need to take a closer look at it to determine if some were missed that should be on the opposition. October 20, 2008 Page 8 Hearings continued Cole/Welper that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, oral and written comments and petition of opposition be received and placed on file. Councilperson Greenwood asked if CommonBond does not get the Iowa Finance Authority tax credit will they still proceed. Ms. Higgins responded the answer is yes except that its highly likely they will get credits because of the disaster relief act. The State of Iowa has received another triple amount of tax credits for Iowa, and they were told by Iowa Finance Authority that there is more than enough to go around for all quality projects. Ayes: Five. Absent: Getty, Hart. Motion carried. 127976 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on request of Interim Holdings to rezone from "R-3" Multiple Residence District and "R -4,R -P" Planned Multiple Residence District to "R-2" One and Two Family Residence District property generally located at 2265 Lafayette Street and the northeast corner of Indiana and Lafayette Streets for the purpose of establishing a one and two family subdivision targeted for lower-income war veterans, as published in the Waterloo Courier on October 10, 2008, be received and placed on file. Ayes: Five. Absent: Getty, Hart. Motion carried. 127977 - Greenwood/Steve Schmitt that the request of the applicant to delay said rezoning be received and placed on file. Ayes: Five. Absent: Getty, Hart. Motion carried. UNFINISHED BUSINESS 127978 - Cole/Reggie Schmitt that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $50,400.00 to Murphy Tractor of Waterloo, Iowa in conjunction with Rental of Three Motor Graders, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-907. 127979 - Cole/Reggie Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $25,452.00 to Waterloo Implement of Waterloo, Iowa in conjunction with Purchase of One John Deere 4 Wheel Drive Pro Gator With Attachments, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-908. 127980 - Cole/Reggie Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $89,342.00 to Waterloo Implement of Waterloo, Iowa in conjunction with Purchase of Four John Deere 1565 Commercial Front Mowers With Attachments, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-909. 127981 - Cole/Reggie Schmitt that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $15,500.00 to Lehman Trucking & Excavating, Inc. in conjunction with General Obligation Bond Demolition Project (Waterfalls Carwash), Contract No. 160 -D -EDI -10-06-08, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-910. • • October 20, 2008 Page 9 Unfinished Business continued 127982 - Cole/Reggie Schmitt that communication from Contracts and Grants recommendation of award of contract in the amount Trucking & Excavating, Inc. in conjunction with Demolition Project, Contract No. and "Resolution approving award Absent: Getty, Hart. Coordinator transmitting of $19,150.00 to Lehman General Obligation Bond 159 -D -GO -10-06-08, be received, placed on file of said contract", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2008-911. PETITIONS FROM PUBLIC 127983 - Cole/Reggie Schmitt Ayes: Five. that communication from Assistant City Engineer transmitting request of Larson Construction Co., Inc. for a temporary variance to the truck embargo on West Donald Street between Logan Avenue and Burton Avenue to allow completion of utility work required for the new Logan Middle School project for the two week period beginning November 3, 2008, be received, placed on file, and "Resolution approving said request", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-912. DOCUMENTS 127984 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting Change Order No. 6 for a net increase in the amount of $10,917.50 for work to be performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Riverwalk Loop Trail - East 6th to 18th Streets, Contract No. 696, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Hart. Motion carried. 127985 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting Change Order No. 7 for a net increase in the amount of $21,060.00 for work to be performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Riverwalk Loop Trail - East 6th to 18th Streets, Contract No. 696, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Hart. Motion carried. 127986 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting Change Order No. 9 for a net increase in the amount of $73,266.00 for work to be performed by Cedar Valley Corporation of Waterloo, Iowa in conjunction with F.Y. 2007 Recreational Trail -Cedar Bend Park to Mullan Avenue, Contract No. 714, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Hart. Motion carried. 127987 Reggie Schmitt/Welper that communication from Airport Director transmitting Change Order No. 2 for a net decrease in the amount of $4,932.25 for work performed by K&W Electric of Cedar Falls, Iowa in conjunction with Airfield Signage Project at the Waterloo Airport, AIP 3-19-0094-26, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Hart. Motion carried. 127988 - Reggie Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of $6,722.43 for work performed by Kone, Inc. of Moline, Illinois in conjunction with Escalator Repair at Five Sullivan Brothers Convention Center, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Hart. Motion carried. October 20, 2008 Page 10 Documents continued 127989 - Reggie Schmitt/Welper that communication from Contracts and Grants Coordinator in the amount of $15,500.00 with Lehman Trucking & conjunction with General Obligation Bond Demolition Carwash), Contract No. 160 -D -EDI -10-06-08, be received, "Resolution approving said agreement", be adopted and execute same. Ayes: Five. Absent: Getty, Hart. transmitting agreement Excavating, Inc. in Project (Waterfalls placed on file and Mayor authorized to Resolution adopted and upon approval by Mayor assigned No. 2008-913. 127990 - Reggie Schmitt/Welper that communication from Contracts and Grants Coordinator transmitting agreement in the amount of $19,150.00 with Lehman Trucking & Excavating, Inc. in conjunction with General Obligation Bond Demolition Project, Contract No. 159 -D - GO -10-06-08, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-914. 127991 - Welper/Reggie Schmitt that communication from Assistant City Engineer transmitting Construction Plans for the West Ridgeway Avenue Two -Way Left Turn Lanes, Phase I, as submitting by VJ Engineering, Inc. of Cedar Falls, Iowa, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-915. 127992 - Welper/Reggie Schmitt that communication from Leisure Services Director transmitting five-year Beverages Agreement with Pepsi Americas for $12,000.00 per year for beverages sold at Young Arena, Gates Park Pool, Byrnes Park Pool, Byrnes Tennis Center and the Youth Baseball Complex at Cedar River Park, 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 Steve Schmitt asked if it is typical that we do a five-year contract. Paul Huting, Leisure Services Director, responded the last agreement may have been for three years, but Leisure Services worked with the attorney's office on this and they thought that this would be acceptable. Mr. Huting noted that the last contract was for $10,000.00 per year, and this is $12,000.00 per year just for the exclusive nature of the agreement. Mr. Huting noted that on the they mark up the products they purchase from Pepsi Americas and make a good profit. The $12,000.00 per year is not the profit margin but is the fee negotiated for the exclusive rights to sell Pepsi products. The city's profit would be way above that. Councilperson Greenwood asked if Pepsi Americas requested the extension from three to five years, and Mr. Huting responded yes they did and that was a condition of the increased payment. Councilperson Greenwood stated he usually doesn't go longer than three years because of changes in the market place during that time. Mr. Huting responded they are pretty confident with the product line, with Pepsi, Gatorade, Mountain Dew. Leisure Services is more comfortable with them then they would be with another product line, especially the athletic drinks. Mayor Hurley noted that Leisure Services did not get a quote from a competing brand. Mr. Huting responded they did not. The last time they opened this up via discussions with Coke, they did not follow through with a proposal. This time it is basically a renewal, the terms are pretty much the same. The payment amount has been increased. Leisure Services is comfortable with Pepsi Americas service, and they have a local presence which is important as well. • • • • October 20, 2008 Page 11 Documents continued Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Greenwood. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-916. 127993 - Welper/Reggie Schmitt that communication from Planner II transmitting request of Fred & Vickie Bentley for tax exemptions on improvements totaling $20,000.00 for property located at 712 Wallgate 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, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-917. 127994 - Welper/Reggie Schmitt that communication from Planner II transmitting request of Vicki Sherwood for tax exemptions on improvements totaling $99,500.00 for property located at 320 Madison 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, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-918. 127995 - Welper/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work at a total cost of $354,405.43 for work performed by Kone, Inc. of Moline, Illinois in conjunction with Escalator Repair at Five Sullivan Brothers Convention Center, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-919. 127996 - Steve Schmitt/Welper that communication from Community Planning & Development Director transmitting Permanent Easement Agreement with Waterloo Schools for property generally located at 1628 Washington Street for installation of an emergency siren, 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, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-920. 127997 - Steve Schmitt/Welper that communication from Assistant City Engineer transmitting agreement with Iowa Department of Transportation for use of local agency roads as detours to detour U.S. 63 traffic on city streets in conjunction with utility connections for the new Logan Middle School for the period of November 3-21, 2008, 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, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-921. 127998 Steve Schmitt/Welper that communication from Associate Engineer transmitting Supplement Agreement No. 7 with AECOM of Waterloo, Iowa for construction review services at a cost of $10,500.00 in conjunction with F.Y. 2007 Recreational Trail - Cedar Bend Park to Mullan Avenue, Contract No. 714, and F.Y. 2007 Riverwalk Loop Trail - East 6th to 18th, Contract No. 696, 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, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-922. October 20, 2008 Page 12 Documents continued 127999 Steve Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with Gilmor and Doyle Mechanical and Electrical Consulting Engineers of Waterloo, Iowa at a cost not to exceed $3,500.00 to develop options to mitigate storm water issues for the basement of City Hall, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-923. RESOLUTIONS TO BE ADOPTED 128000 Steve Schmitt/Welper that "Resolution canceling the November 24, 2008 regular council meeting due to the Thanksgiving Holiday", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-924. ORDINANCES TO BE ADOPTED 128001 - Greenwood/Steve Schmitt that "an Ordinance amending the 2007 Waterloo Code of Ordinances by adding new section pertaining to Waste Hauler", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that currently if a company cleans out a residential or industrial septic system and hauls it to Waste Management, they pay $5.00 regardless of the load. Now the new fee schedule is $10.00 for the first 500 gallons, $20.00 for 500 to 1,000 gallons, and each additional 1,000 gallons will be charged an additional $20.00. There are fees for testing because these people are licensed, permitted and carry a sticker that says they can come into Waterloo Waste Management and we can do a grab sample at anytime and test for total endosolids, etc. It is a much higher rate, but more in line with what other cities. Following discussion a vote was taken on the above motion with the following result. Ayes: Five. Absent: Getty, Hart. Motion carried. NEW BUSINESS 128002 Cole/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase One 2009 Combination Jet and Vacuum Truck, be received, placed on file and approved. Ayes: Five. Absent: Getty, Hart. Motion carried. 128003 - Cole/Welper that specifications, bid document, etc. in conjunction with Purchase One 2009 Combination Jet and Vacuum Truck, be received and placed on file. Ayes: Five. Absent: Getty, Hart. Motion carried. 128004 Cole/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-925. 128005 - Cole/Welper that "Resolution setting date of hearing on specifications, bid document, etc. as December 1, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-926. • • • • October 20, 2008 New Business continued Page 13 128006 - Cole/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of One Heavy Duty Brush Chipper Unit, be received, placed on file and approved. Ayes: Five. Absent: Getty, Hart. Motion carried. 128007 Cole/Welper that specifications, bid document, etc. in conjunction with Purchase of One Heavy Duty Brush Chipper Unit, be received and placed on file. Ayes: Five. Absent: Getty, Hart. Motion carried. 128008 Cole/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-927. 128009 - Cole/Welper that "Resolution setting date of hearing on specifications, bid document, etc. as November 17, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-928. 128010 - Cole/Welper to instruct Fire Chief to prepare specifications, bid document, etc. in conjunction with Purchase of Ambulance Chassis, be received, placed on file and approved. Ayes: Five. Absent: Getty, Hart. Motion carried. 128011 - Cole/Welper that specifications, bid document, etc. in conjunction with Purchase of Ambulance Chassis, be received and placed on file. Ayes: Five. Absent: Getty, Hart. Motion carried. 128012 - Cole/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-929. 128013 - Cole/Welper that "Resolution setting date of hearing on specifications, bid document, etc as November 17, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-930. 128014 - Cole/Welper to instruct Fire Chief to prepare specifications, bid document, etc. in conjunction with Purchase of Ambulance Module, be received, placed on file and approved. Ayes: Five. Absent: Getty, Hart. Motion carried. 128015 - Cole/Welper that specifications, bid document, etc. in conjunction with Purchase of Ambulance Module, be received and placed on file. Ayes: Five. Absent: Getty, Hart. Motion carried. October 20, 2008 New Business continued 128016 - Cole/Welper Page 14 that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-931. 128017 - Cole/Welper that "Resolution setting date of hearing on specifications, bid document, etc. as December 15, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-932. 128018 Cole/Welper to instruct Director of Cultural & Arts Commission to prepare specifications, bid document, etc. in conjunction with Collection Storage, Phase II and Phase III, be received, placed on file and approved. Ayes: Five. Absent: Getty, Hart. Motion carried. 128019 - Cole/Welper that specifications, bid document, etc. in conjunction with Collection Storage, Phase II and Phase III, be received and placed on file. Ayes: Five. Absent: Getty, Hart. Motion carried. 128020 - Cole/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described project", be adopted. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-933. 128021 - Cole/Welper that "Resolution setting date of hearing on specifications, bid document, etc. as November 17, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-934. 128022 - Greenwood/Welper that communication from City Planner transmitting proposed extension of Consolidated Urban Revitalization Area with the proposed boundaries to encompass LaPorte Road/Highway 218, University Avenue/Ansborough Avenue, an area south of Northgate Addition, a part of Section 14 Township 89 Range 13 and the Cedar River, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 3, 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt asked as we expand the CURA area don't we tend to reduce the value of the CURA in the area where it was originally intended. The bigger we make the footprint, the less focus there is on that area. Noel Anderson, Community Planning & Development Director, responded that one of the discussion points we had in the work session was as we branch out are we diminishing the value of the whole existing CURA area. The thought process was for the two main areas that were being incorporated into the CURA along University Avenue and along LaPorte Road to the south to Ridgeway there wasn't commercial areas like those within the existing CURA. Kind of that strip commercial older areas of town that we are looking at trying to see some new development. It was the opinion of staff and from the work session it was the opinion of the council to move forward because those types of areas were not in the existing CURA. • • a • • October 20, 2008 New Business continued The main area that was added was Riverview of which the majority is in the floodway so there is really no change, but it really doesn't impact any other development areas since its floodway it can't get developed in any other way. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-935. ADJOURNMENT 128023 - Cole/Welper that the Council adjourn at 7:10 p.m. Ayes: Five. Absent: Getty, Hart. Motion carried. Page 15 Lj\a^1/4'n Nancy Eckert, CMC City Clerk