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HomeMy WebLinkAboutMinutes-09/15/2008• • September 15, 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, September 15, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director. 127791 - Reggie Schmitt/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, September 15, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 127792 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 8, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring September 22-27, 2008 as Dollar Wise Week. Mayor Hurley read a Proclamation declaring September 20, 2008 as Prisoner-of- War/Missing in Action Recognition Day. CONSENT AGENDA 127793 - Reggie Schmitt/Greenwood 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 AP642, pp. 1-77, dated September 15, 2008, in the amount of $2,414,553.37, 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. 2008-793. b. Motion to approve the following: 1. Mark Boesen, Manager of Rehabilitation Services; and Christopher Leach, Rehabilitation Specialist; to attend IHO Fall Conference in Waterloo, Iowa on October 1-3, 2008, with costs not to exceed $500.00, including use of city vehicle. 2. Donna Lesyshen, Waterloo Housing Partnership Coordinator, to attend 2008 Housing Iowa Conference in Des Moines, Iowa on October 2-3, 2008, with costs not to exceed $461.00. c. Liquor License Permit Application Class E Wine and Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/09) (Includes Sunday Sales) d. e. Wine License Permit Application Class B Wine and Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/09) (Includes Sunday Sales) Kum N Go, 1104 Washington (Renewal) (Expires 11/2/09) (Includes Sunday Sales) Kum N Go, 117 E. San Marnan Drive (Renewal) (Expires 11/2/09) (Includes Sunday Sales) Beer License Permit Application Class C Wine and Spirits, Sunday Sales) Kum N Go, 1976 Franklin Sales) Kum N Go, 1104 Washington (Renewal) (Expires 11/2/09) (Includes Sunday Sales) Kum N Go, 117 E. San Marnan Drive (Renewal) (Expires 11/2/09) (Includes Sunday Sales) 2126 Kimball Avenue Street (Renewal) (Renewal) (Expires 11/14/09) (Expires 11/2/09) (Includes (Includes Sunday September 15, 2008 Page 2 Consent Agenda continued f. Beer/Wine License Permit Application Special Class C Main Street Waterloo (Transfer to 300 W. Park Avenue for 9/27/08) Highway 63 Diner, 3030 Marnie Road (Renewal) (Expires 11/4/09) (Includes Sunday Sales) g. Outdoor Smoking Area Application The Times Sports Bar & Grill, 213-215 E. 5th Street h. Pawnbroker's License Application Farris Stereo & Loan, 211 West 18th Street Money and More, 1516 LaPorte Road Mister Money - USA, 920 LaPorte Road Levi Brothers Jewelers LTD, 306 East 4th Street i. Bonds. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 127794 - Greenwood/Steve Schmitt that communication from Leisure Services Director transmitting recommendation to reject all bids in conjunction with 2008 Riverfront Stadium Natural Turf System, be received, placed on file and approved. Ayes: Seven. Motion carried. 127795 - Greenwood/Steve Schmitt that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $35,486.45 to Bentley Construction, Inc. of Waterloo, Iowa in conjunction with F.Y. 2009 Sidewalk Repair Assessment Program - Zone 8, Contract No. 746, 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. Councilperson Hart asked if Bentley Construction is the same contractor from last construction season where the tarps were frozen. Eric Thorson, City Engineer, responded that this is the same contractor. The Engineering Department has already discussed this year's contract with Mr. Bentley and will have further discussion tomorrow at the preconstruction meeting. Bentley Construction does appear to have more staff, more equipment, and are better organized than they were last year. Indications from the contractor are that things will be much better this year, and we should be able to wrap this up pretty quickly this fall. Councilperson Hart asked if Bentley Construction had to go back and redo some of the work. Mr. Thorson responded he only knows of one location where there was a problem and he did go back and take care of it. Councilperson Greenwood asked if the city used Community Development Block grant funds for this year's sidewalk program for people who could not afford to make the sidewalk repairs. Mr. Thorson responded the city does have a block grant contract, which is separate from this contract. The contract is with B & B Builders, and they only have one property left and that project will be done. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-794. REPORTS 127796 - Steve Schmitt/Welper that communication from City Engineer transmitting proposed list for Reconstruction and Overlay Street Improvements for 2009, be received, placed on file and "Resolution approving said lists", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-795. September 15, 2008 DOCUMENTS 127797 - Steve Schmitt/Welper Page 3 that communication from Airport Director transmitting Change Order No. 1 for a net increase in the amount of $37,471.20 for work to be performed by Cedar Valley Corporation of Waterloo, Iowa in conjunction with Taxiway A Rehabilitation Project at Waterloo Regional Airport, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 127798 - Welper/Reggie Schmitt that communication from Leisure Services Director transmitting Change Order No. 1 for a net increase in the amount of $7,746.75 for work performed by Michael Huff Construction Co. of Waterloo, Iowa in conjunction with Lafayette Park Project, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 127799 - Welper/Reggie Schmitt that communication from Airport Director transmitting agreement with Earth Tech/AECOM for consulting services at a cost not to exceed $5,000.00 for the FY 2008 IDOT Vertical Infrastructure Program, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-796. 127800 - Reggie Schmitt/Welper that communication from Police Chief transmitting agreement with Department of Justice Office of Justice Programs for FY08 Edward Byrne Memorial Justice Assistance grant (JAG) Program in the amount of $22,840.00, with no required local match, to use for funding of the Tri -County Drug Task Force, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-797. 127801 - Reggie Schmitt/Welper that communication from Leisure Services Director transmitting agreement with Struxture Architecture for design, construction documents and construction administration at a cost not to exceed $90,000.00 for the 2009 Riverfront Stadium Home/Visitor Locker Rooms Project, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were made. Paul Huting, Leisure Services Director, reported this involves two phases of a larger project to redo the entire locker room area. The flood did considerable damage at the stadium, and the locker rooms were gutted because they were in bad shape. In addition, we have to build a new entrance into the stadium at the time of the home team locker room and the visitor locker room construction, for an estimated total cost of $1 million, including the architectural fees. Leisure Services will be asking to move the gaming grant to this project, along with bond funds and looking at other grants and opportunities. The cost of this agreement is based on a percentage of the total project, so the price is assuming the entire project is done. Mayor Hurley reminded council that the city has had a master plan for Riverfront for probably three or four years, and the locker rooms were always a part of that master plan. They were like phase 4 or 5, but because of the flood this year we are flipping phase 4 and 5. Councilperson Steve Schmitt asked the cost of the entrance versus the cost of the locker rooms. Mr. Huting responded the entrance is incorporated into phase one with the home locker room. Both of those projects have to be done at the same time because its the same space, and in order for the plan to work you have to get people into the grandstand straight through that arched entryway. Its part of the $500,000.00 and phase one is approximately $475,000.00. September 15, 2008 Documents continued Councilperson Steve Schmitt commented he thinks most people would think a half a million dollars for locker rooms seems like a substantial amount, but those are large locker rooms, and the total costs involves more than just locker rooms. Mr. Huting noted the city is actually building a new building under a building. The current locker rooms use the stands as a roof, and this would be new block construction, actually a separate building under those stands. It would come out in what used to be the walkway or the tunnel underneath. It's a pretty sizable building that will have its own roof, its own walls, its own footings. We are actually building a sizable building with a lot of plumbing etc. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Page 4 Resolution adopted and upon approval by Mayor assigned No. 2008-798. 127802 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting purchase order with Howard R. Green Company at a cost of $5,000.00 to prepare a $1 million EPA Assessment grant application in cooperation with Waterloo Schools and Black Hawk County, with city and school's project area to be the US 63 corridor area, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-799. 127803 - Cole/Reggie Schmitt that communication from City Engineer transmitting request from Earth Tech, Inc. for authorization to transfer $13,000.00 from Weston Solution's estimated actual costs to Earth Tech's estimated actual costs for unanticipated time and unexpected utility relocation issues in conjunction with U.S. Highway 63 Westfield Avenue Connection, Contract No. 730, be received, placed on file and "Resolution approving said request", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt commented that the city went through a similar situation on East 4th Street where once the concrete was broke up, we discovered that maybe we didn't know everything we thought we knew. Councilperson Steve Schmitt asked if we have good records, or is this area old enough that we did not have records at that time. Eric Thorson, City Engineer, responded this is in an area where there was manufacturing before Deere was there. When Deere came in and built all their facilities, there were additional buildings, utilities and things that went in. There aren't real good records on the old parts, and there were some things that we ran into underground in the construction of that project that took a little more of Earth Tech's time. Weston was the environmental sub, and they didn't use quite as much time as we expected for their portion of the job. We are just moving some funds around within the contract. It does not increase the total cost of the project, its some paperwork we need to do for the DOT where the funding is coming from. Councilperson Steve Schmitt asked interchange was built some years ag Westfield connection which would be Westfield, the new connection in front Following comments a vote was on the Ayes: Seven. if this was anywhere near where the o. Mr. Thorson responded this is the north of that interchange, kind of by of the Deere facilities. above motion with the following result. Resolution adopted and upon approval by Mayor assigned No. 2008-800. • • September 15, 2008 Documents continued Page 5 127804 - Getty/Hart that communication from City Engineer transmitting request from Earth Tech/AECOM for authorization to transfer $4,000.00 from Earth Tech's contingency to expand scope of services for Craig Ritland Landscape Architects in conjunction with U.S. Highway 63 Improvement, U.S. 218 to Donald Street, NHSX-63-6(69)-3H-07, be received, placed on file and "Resolution approving said request", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-801. 127805 - Getty/Hart that communication from Community Planning & Development Director transmitting Certified Local Government National Register Review form recommending that the Rath Administration Building be nominated for the National Register of Historic Places, together with recommendation of approval of Waterloo Historic Preservation Commission and Planning, Programming & Zoning Commission, be received, placed on file and "Resolution approving said recommendation", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if placing the Rath Administration on the Register will give the development more tax incentives where they would not be paying taxes because its a National Historic structure. Noel Anderson, Community Planning & Development Director, commented that listing the building on the National Register will open the door for MAKO Waterloo Corporation to apply for more federal historic grants as well as the federal tax credit program. If MAKO is successful in getting tax credits, he can sell those to someone who can use them which gives him the cash to move forward with the project. Councilperson Getty asked if MAKO starts this project, but doesn't finish it does the property come back to the city. Mr. Anderson responded that is correct. Councilperson Getty asked if that happens and its on the Historic Register can the city still tear it down or will that stop us from being able to tear it down. Mr. Anderson responded that in itself would not stop the city from tearing it down. Before MAKO Waterloo Corporation came along, the city and the State Historic office had a Memorandum of Understanding as to what the city would need to do to basically move forward with demolition of the project. If he were to go ahead and start the project and fail to finish it, the city would have to go back and revisit that Memorandum of Understanding with the State. The listing on the National Register does not preclude the city from moving forward with demolition. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-802. 127806 - Hart/Steve Schmitt that communication from Community Planning & Development Director transmitting Property Access Agreements for 100-114 East 10th Street, 105 East 11th Street, Parcel #8913-25-181-003 and 1202 Sycamore Street to perform environmental site assessments as part of Brownfields Redevelopment Program in the downtown area, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-803. September 15, 2008 Documents continued 127807 - Hart/Steve Schmitt Page 6 that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $35,486.45 with Bentley Construction, Inc. of Waterloo, Iowa in conjunction with F.Y. 2009 Sidewalk Repair Assessment Program - Zone 8, Contract No. 746, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Nays: Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-804. 127808 - Hart/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting Completion of Project at a total cost of $117,439.00 and Recommendation of Acceptance of Work performed by Service Roofing of Waterloo, Iowa in conjunction with Filter Building Roof Replacement, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-805. RESOLUTIONS TO BE ADOPTED 127809 - Hart/Steve Schmitt that communication from Community Planning & Development Director transmitting request to accept and approve acquisition of property generally located at 717 Columbia Street, as granted by court order pursuant to Section 657A.10A of the Iowa Code, be received, placed on file and "Resolution accepting and approving acquisition of said property", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-806. NEW BUSINESS 127810 - Greenwood/Steve Schmitt that communication from Leisure Services Director transmitting request to set date of hearing on bid received for the 2008 Skate Park Flood Damage Repairs Project, be received, placed on file and "Resolution setting date of hearing as September 22, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-807. 127811 - Reggie Schmitt/Welper to instruct Fire Chief to prepare plans, specifications, form of contract, etc. in conjunction with Regional Training Center Hydrant Loop Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 127812 - Reggie Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with Regional Training Center Hydrant Loop Project, be received and placed on file. Ayes: Seven. Motion carried. 127813 - Reggie Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-808. 127814 - Reggie Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as October 6, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-809. • • • • September 15, 2008 New Business continued Page 7 127815 - Reggie Schmitt/Welper to instruct Superintendent of Traffic Operations to prepare specifications, bid document, form of contract, etc. in conjunction with Purchase of Parking Meters and Related Equipment, Project No. TRF 153-08, be received, placed on file and approved. Ayes: Seven. Motion carried. 127816 - Reggie Schmitt/Welper that specifications, bid document, form of contract, etc. in conjunction with Purchase of Parking Meters and Related Equipment, Project No. TRF 153-08, be received and placed on file. Ayes: Seven. Motion carried. 127817 - Reggie Schmitt/Welper that "Resolution preliminarily approving specifications, bid document, form of contract, etc. in conjunction with above described purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-810. 127818 - Reggie Schmitt/Welper that "Resolution setting date of hearing on specifications, bid document, form of contract, etc. as October 6, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-811. 127819 - Reggie Schmitt/Welper to instruct Contracts & Grants Coordinator to prepare plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 159 -D -GO -10-06-08 (former Water Falls Car Wash, 203 Jefferson Street), be received, placed on file and approved. Ayes: Seven. Motion carried. 127820 - Reggie Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 159 -D -GO -10-06-08 (former Water Falls Car Wash, 203 Jefferson Street), be received and placed on file. Ayes: Seven. Motion carried. 127821 - Reggie Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-812. 127822 - Reggie Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as October 6, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-813. ORAL PRESENTATIONS 127823 - Mayor Hurley commented that we are very appreciate and respect the fact of folks coming forward and speaking. Whether they are complimenting or not we understand that disappointment is expressed at our position rather than our person. Mayor Hurley reminded folks of the general rules, and that is to keep comments germane and refrain from personal, impertinent or slanderous remarks. September 15, 2008 Oral Presentations continued Bill Austin, 1413 Bluff Street, explained he wished to address the council on the city's military leave policy. Mr. Austin stated he recently served four months in Iraq, he voluntarily went and would do it again. Mr. Austin noted that today he had a meeting with Tim Shea, Superintendent of Waste Management Services; Larry Smith, Assistant Superintendent; and his boss Gary Luck, and he was told the city overpaid him five days while he was gone. The city's policy is if you are gone for over 30 consecutive days, the city counts the weekends against you. If he is gone 30 days in a month, he actually only gets paid for 22 days. Mr. Austin stated its not that he is greedy, but he left his home, his family, and he would do it again because he loves his family, he loves what he does and he is happy to do it. Then you come home and make all the adjustments you have to make. Now they are telling him the way he can get around this is to give back the time he has earned, which because he was gone the city prorates the vacation, personal days, all the contract items he earned for this year. Mr. Austin noted he could have stayed off a month and took the military pay, which they paid him while he was at work, but he worked because that is his job. Now he gets a knife in the back from the City of Waterloo because they are telling him they want those five days back. Mr. Austin stated he thinks it is absolutely horrific anyone would ever be treated that way, let alone someone who defends their country, their state. Mr. Austin stated he could have been doing flood duty in Des Moines because they were calling up people but he was gone, but he would have done that. The fact that he has to lose the pay that was given to him from the City of Waterloo because he was gone consecutive days. The city's policy is to count weekends against someone, but he doesn't work weekends, he works Monday through Friday. Because he was gone Saturday and Sunday to the military, the city counts those days against him. Mr. Austin stated it doesn't make any sense, its horrible and its completely ridiculous. He doesn't know whose interpretation this is, but he would much rather stand up and take fire from a terrorist than be stabbed in the back by the people he worked for, the people he worked with. Mr. Austin stated he would never defend this policy as he thinks it's a slap in the face, and this is absolutely wrong. Mayor Hurley stated he will get together with the Human Resources Manager, Tim Shea and whomever else needs to be involved. Mayor Hurley commented he appreciated Mr. Austin alerting this to him and the council and expressed his thanks for Mr. Austin's service to our country. Mayor Hurley commented he couldn't promise Mr. Austin a positive outcome, but we will look into it. Page 8 Forrest Dillavou, 1725 Huntington Road, commented that several weeks ago he came before the mayor and council and talked about filling potholes that were full of water. On August 27, 2008 it rained, and on August 28, 2008 they were out on Ansborough and Black Hawk filling potholes with water in them. Mr. Dillavou stated he received a phone call from the Street Department saying that the pothole filler they use is water soluble. Mr. Dillavou commented that a lot of things are water soluble. Water base paint is water soluble but you don't go out and paint lines on the street or paint your picnic table after it rains. Mr. Dillavou stated he talked to a retired Public Works Director and mentioned to him that he had this discussion and was told that it was water soluble, and he said there is no filler that will stick to dirt and water in a hole, they are wasting their time and money. Mr. Dillavou urged the mayor and council to have a work session to discuss this. All of these cracks that are open if they are not filled with something like a liquid asphalt and sealed, and something gets in there and freezes, its just going to break the concrete, make a large V and a big pothole. Steve Decker, Superintendent of Street Department, commented that Mr. Dillavou brought this to his attention over a month ago. They talked about the intersection of Huntington and Katowski, as Mr. Dillavou saw city workers filling potholes that day about five or six weeks ago after it rained. Those potholes that were filled that day are still filled. Mr. Decker noted the city actually uses a premium cold patch, which is an emulsion based product which means they suspend the oil in water and as the water evaporates the oil is left and it adheres to the roadway. The city had all kinds of potholes in the spring and they are pretty much all filled now. The city uses the same process as the Iowa DOT, the Federal Highway Administration, the Strategic Highway Research Program and the Center for Transportation Research Education, the city follows industry standards. The city looked into the automatic cold patcher that Mr. Dillavou talked about a while back, but it did not work very well because we have streets with curbs. If you drive down Highway 63 and 218 where there is curb line you will see all kinds of chips and loose chips that we would have to sweep up. • . 0 • September 15, 2008 Page 9 Oral Presentations continued Cole/Reggie Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 127824 - Reggie Schmitt/Welper that the Council adjourn at 6:15 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk