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HomeMy WebLinkAboutMinutes-04/27/2009• • April 27, 2009 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, April 27, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Bob Stringer, Human Resources Director. 128920 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, April 27, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 128921 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 20, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring April 26 - May 2, 2009 as Crime Victims' Rights Week. Mayor Hurley read a Proclamation declaring April 28, 2009 as Equal Pay Day. CONSENT AGENDA 128922 - Reggie Schmitt/Steve Schmitt 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. 1-63, dated April 27, 2009, in the amount of $3,287,430.06, 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. 2009-347. 2. Communication from Police Chief transmitting request of Waterloo Memorial Day Board to hold annual Memorial Day Parade on May 25, 2009, starting at 10:30 a.m. on 5th & Commercial Streets to Park Avenue, right to Mulberry Street, right to 5th Street and right to Commercial Street. Resolution adopted and upon approval by Mayor assigned No. 2009-348. b. Motion to approve the following: 1. Mike Moore, Fire Captain, to attend Safety Officer Training Course in Des Moines, Iowa on May 7-8, 2009, with costs not to exceed $230.00, including use of city vehicle. 2. Brady Walter, Police Officer; David Bovy, Police Officer, to attend Motorcycle Officer Training in Moline, Illinois on April 20-21, 2009, with costs not to exceed $295.00, including use of city vehicle. c. Cigarette/Tobacco Permit Application Kwik Stop, 1104 Washington Street d. Beer License Permit Application Class C Kwik Stop, 1104 Washington Street (Renewal) (Expires 4/30/10) (Includes Sunday Sales) El Mercadito, 520 LaPorte Road (Renewal) (Expires 5/21/10) (Includes Sunday Sales) e. Beer License Permit Application Class B Lost Island Waterpark, 2225 E. Shaulis Road (New) (5/1/09 - 11/1/09) (Includes Sunday Sales) Main Street Waterloo, Lincoln Park (New) (5/22/09 - 11/22/09) 1 April 27, 2009 Page 2 Consent Agenda continued f. Liquor License Permit Application Class C Smitty's Bar, 709 Jefferson Street (Renewal) (Expires 5/26/10) (Includes Sunday Sales) Flirt's Gentlemen's Club, 319 Jefferson Street (Renewal) (Expires 4/30/10) (Includes Sunday Sales) Golden China Restaurant, 2046 E. Ridgeway Avenue (Renewal) (Expires 5/4/10) (Includes Sunday Sales) g. Outdoor Service Area Application Lost Island Waterpark, 2225 E. Shaulis Road Main Street Waterloo, Lincoln Park h. Fireworks Display Application American Cancer Society, Hawkeye Community College Campus on June 19, 2009 i. Vehicle for Hire Business License Application Kip's Yellow Cab, Inc., 110 West 14th Street The Loop, 121 Webster Street j. Theater License Application Fantasy Island Amusement, 1850 W. Airline Hwy Mini Cinema 16, 315 E. 4th Street Adult Emporium, 1507 LaPorte Road k. Pool/Billiard License Application Grand Cafe Bar, 1400 Black Hawk Street Club 700, 1955 Locke Avenue Blue River, 315 W. 4th Street Edo's Sports Bar, 110 E. 11th Street Upstairs After Hours, 708M Jefferson Street Karma Bar, 309 W. 4th Street Pharroh's, 1607 Sycamore Street Park Road Inn, 306 Park Road Casey's Pub and Eatery, 1125 W. Donald Street Casey's 218 Pub, 4010-4018 University Avenue Jet Lounge, 451-453 W. Parker Street Amvets Home Inc., 32 Lafayette Road Babes Tap, 210 Division Street Cadillac Lanes, 650 LaPorte Road Kings and Queens Tap, 304-306 W. 4th Street Knights of Pythias, 244 Ash Street The Locker Room Lounge, 1918 Hawthorne Avenue The Winning Edge, 341 Fletcher Avenue Packers Inn, 201 Rath Street Half Pint Saloon, 1831 Independence Avenue Club 2000, 2000 Hawthorne Avenue Club 726, 726 Logan Avenue Joan's 9'er, 929 W. 5th Street Triple D, 921 Broadway Street Spicoli's Grill, 3555 University Avenue A.J.'s Eatery & Spirits, 1415 E. San Marnan Drive The Supervisors Club, 3265 Dewitt Road BJ's Bar and Billiards, 110 Ida Street Embassy Lounge, 225 E. 5th Street Vic's Lounge, 1106 LaPorte Road Barney's 501 W. 5th Street Beck's Pub and Grille, 3295 University Avenue Smitty's Bar, 709 Jefferson Street Jefferson Street Tap, 708 Jefferson Street Times Sport Bar and Grille, 226 W. 5th Street Narey's 19th Hole, 2073 Logan Avenue Fanatics Sports Bar & Grille, 814 LaPorte Road Becker Chapman Post 138 of the Americ, 619 Franklin Street Sabid LLC, 1108 Jefferson Street Trucker Bar, 1915 Bourland Avenue Veterans of Foreign Wars Post 1623, 1406 Commercial Street Fraternal Order of Eagles #764, 202 E. lst Street Caffe Bar Piramida, 712 Jefferson Street J's R & B Lounge, 501 Independence Avenue Diamond Bar, 313 W. 5th Street Mexikelly's, 209 Jefferson Street • • 1 • • April 27, 2009 Page 3 Consent Agenda continued 1. Bonds. Prior to a vote on the above motion, the following comments were heard. Councilperson Cole asked Main Street Waterloo if others want to use the park on the days Main Street Waterloo has a previously booked event would Main Street cooperate with them. Sindee Kleckner, Executive Director of Main Street Waterloo, responded definitely and they have already had some people call that they want to have something the day after and they might want to use the port -a -potties. Ms. Kleckner stated Main Street Waterloo is interested in cooperating and making things as seamless as possible. Nancy Eckert, City Clerk, reported that the fee for a pool/billiard license is $10 per table. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. BID OPENING 128923 - Greenwood/Getty to receive, file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review in conjunction with Asbestos Removal for 181 E. 10th Street, 116-118 E. 8th Street, 1218 Sycamore Street, 218-220 and 222-224 W. 2nd Street, Contract No. 133 -AR -04 -13 -09 -GO: Bidder Bid Amount Advanced Technologies, Inc., Waterloo, IA $9,850.00 Affordable Hazards Removals, Inc., Monticello, IA $11,795.00 August Enterprises, LLC, Jefferson, IA $16,387.00 Ayes: Seven. Motion carried. HEARINGS & BIDS 128924 - Steve Schmitt/Hart that proof of publication of notice of public hearing on Center For the Arts Roof Replacement, as published in the Waterloo Courier on April 10, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128925 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Hart that the hearing be closed. Ayes: Seven. Motion carried. 128926 - Steve Schmitt/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Center For the Arts Roof Replacement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-349. 128927 - Steve Schmitt/Hart that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-350. April 27, 2009 Page 4 Hearings & Bids continued 128928 - Steve Schmitt/Hart to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Base Bid A.1 Base Bid A.2 Bidder Bid Bond Auditorium Roof Plaza Deck Roof Black Hawk Roofing, Cedar Falls, IA 5% $109,600.00 $19,100.00 Jim Giese Roofing, Dubuque, IA 5% $144,158.00 $90,559.00 Pries Roofing, La Porte City, IA 5% $181,528.00 $17,780.00 Geisler Brothers, Dubuque, IA 5% $114,975.00 $47,962.00 Service Roofing, Waterloo, IA 5% $96,955.00 $18,293.00 Ayes: Seven. Motion carried. 128929 - Getty/Cole that proof of publication of notice of public hearing on Rehabilitation of Runway 18-36 at Waterloo Regional Airport, as published in the Waterloo Courier on April 10, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128930 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. 128931 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Rehabilitation of Runway 18-36 at Waterloo Regional Airport", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-351. 128932 - Getty/Hart that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-352. 128933 Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Airport Director for review: Add Alternate Add Alternate Base Bid No. 1 No. 2 Bidder Bid Bond Runway Re -Const. Edge Lighting Runway 12-30 Tie -In Cedar Valley Corp, Waterloo, IA 5% $4,522,912.40 $206,315.00 $255,953.00 K. Cunningham Const., Cedar Falls, IA 5% $4,429,172.35 $202,980.00 $253,189.25 Ayes: Seven. Motion carried. HEARINGS 128934 - Welper/Reggie Schmitt that proof of publication of notice of public hearing on F.Y. 2009 Economic Stimulus Overlay, Contract No. 758, as published in the Waterloo Courier on April 22, 2009, be received and placed on file. Ayes: Seven. Motion carried. • • • • • April 27, 2009 Page 5 Hearings continued 128935 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Reggie Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 128936 - Welper/Reggie Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Economic Stimulus Overlay, Contract No. 758", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-353. 128937 - Welper/Reggie Schmitt that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-354. Mayor Hurley noted that the bids will actually be opened tomorrow by the State. The Engineer's estimate for the total job is $5,601,000.00. Noel Anderson, Community Planning & Development Director, noted this is federal economic stimulus money that came to the State of Iowa. The money that came to the State of Iowa was broken into different categories, and this is the transportation portion that went to the Iowa Department of Transportation. They came to the MPOs to find out the project areas. We had to identify to the MPO projects that could meet the timeframe, which at that time was a 90 day turn around to meet the DOT letting process. The engineering staff had to prepare the plans in about a week in a half to get them on the letting schedules. Projects were chosen shovel ready. Mayor Hurley noted these are streets that would normally have been on our overlay program and now we are able to move them forward using the stimulus money. The four segments to be overlaid using these funds are: Broadway Street from Donald to Burton, Broadway Street from Park Road to Utica, LaPorte Road from Plymouth to Grimm, and San Marnan Drive from Hammond Avenue to Penny Street. 128938 - Reggie Schmitt/Hart that proof of publication of notice of public hearing on request of Crystal Kennedy to sell and convey 923 Oneida Street for $117,000.00, as published in the Waterloo Courier on April 21, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128939 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Reggie Schmitt/Hart that the hearing be closed. Ayes: Seven. Motion carried. 128940 - Reggie Schmitt/Hart that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-355. UNFINISHED BUSINESS 128941 - Hart/Steve Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $15,000.00 to Iowa Fence Masters, Inc. of Waterloo, Iowa in conjunction with 2008 Dog Park Fencing Project, Portion B, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-356. April 27, 2009 Page 6 DOCUMENTS 128942 Hart/Steve Schmitt that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance with Robert C. Hauptly Construction, Co. of Waterloo, Iowa in conjunction with 2009 Right -of -Way Mowing, 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. 2009-357. 128943 - Hart/Steve Schmitt that communication from Leisure Services Director transmitting Young Arena Lease Renewal Agreement with Black Hawks Hockey, Inc., 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 recognized Doug Miller, General Manager of the Waterloo Black Hawks, and Pete K. O'Handly, coach for the Black Hawks. Mayor Hurley noted he doesn't get to many games but when he does he is poppin' with pride, excitement and joy, particularly when they win. Never, in professional sports, whether its major league baseball, NBA basketball, Iowa football, has he ever been so pumped and thrilled as when he has attended the hockey games. Pete K. O'Handly, Coach of Black Hawks Hockey, stated that the relationship between the Black Hawks and the City of Waterloo has been a positive one and one that the ownership of the Black Hawks wants to continue for a long, long time. Mr. O'Handly thanked Mayor Hurley and Council and certainly the citizens of Waterloo who are watching the games. Hopefully, the success of the Black Hawks can continue for a long, long time. Doug Miller, Manager of Black Hawks, stated that they work every day with Chris Dolan, Joel Schares and Jake Schafer, and they do a spectacular job. They have worked in other buildings and would have to look long and hard to find a better staff to work with. Following comments a vote was taken on the above motion with the following result. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2009-358. 128944 - Hart/Steve Schmitt that communication from Community Development Director transmitting application with the Iowa Department of Economic Development for CDBG Single -Family New Construction Unit Production Grant in the amount of $1,627,000.00, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-359. 128945 - Hart/Steve Schmitt that communication from Police Chief transmitting agreement with Silver Eagle Harley-Davidson/Buell for lease of two police motorcycles at a cost of $125.00 per month per motorcycle, 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. 2009-360. 128946 - Hart/Steve Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Prairie Construction Co., Inc. of Waterloo, Iowa at a total cost of $730,639.69 in conjunction with F.Y. 2008 Public Market Building, Contract No. 738, be received, placed on file and "Resolution approving said documents", be adopted Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-361. • • • • • • April 27, 2009 Documents continued 128947 - Hart/Steve Schmitt Page 7 that communication from Associate City Engineer transmitting Change Order No. 7 for a net increase in the amount of $36,565.69 for work performed by Prairie Construction Co., Inc. of Waterloo, Iowa in conjunction with F.Y. 2008 Public Market Building, Contract No. 738, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood noted that at the agenda meeting last Thursday, the change order was for a net decrease. Dennis Gentz, Assistant City Engineer, responded that is correct, but this will account for a previously approved change order early on in the project, which was initially approved for $89,200.00 decrease. This is an increase to bring it to the final of $730,000.00. Mr. Gentz noted that at the end of the day the original project number was $52,634.31 less than the original contract. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 128948 Hart/Steve Schmitt that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of Construction of Iowa of Ankeny, Iowa in conjunction Bridges Replacement with Box Culverts, Contract No. file and "Resolution approving said documents", be Clerk authorized to execute same. Ayes: Seven. $254,757.04 with Helmkamp with F.Y. 2009 Big Rock Road 739, be received, placed on adopted and Mayor and City Resolution adopted and upon approval by Mayor assigned No. 2009-362. 128949 - Hart/Steve Schmitt that communication from Assistant City Engineer transmitting Professional Services Agreement with AECOM of Waterloo, Iowa at a cost of $32,500.00, in conjunction with F.Y. 2009 Big Rock Road Bridges Replacement with Box Culverts, Contract No. 739, 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. 2009-363. 128950 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting Professional Services Agreement with Greater Cedar Valley Alliance at a cost of $85,000.00 for FY2009 and FY2010 to provide economic development, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that Steve Dust, General Manager of the Greater Cedar Valley Alliance, presented information to the council earlier this afternoon at a council work session. Councilperson Hart stated that with some of the committees he has worked on statewide, he really appreciates Waterloo, Cedar Falls and surrounding areas coming together. Councilperson Hart complimented Mr. Dust and the rest of the folks for their vision in making this happen. Councilperson Hart stated that question he gets from people in relation to the Greater Cedar Valley Alliance and the north side of town is what type of partnerships are taking place, what's the relationship, and are there benefits for equal sectors Steve Dust, President and CEO of the Greater Cedar Valley Alliance, stated that during the work session they talked about the feedback that they give to primarily Noel Anderson but also to the Mayor and others as it relates to the product that is in the market place or different parts of the City of Waterloo, different sites, different attributes that are available for a developer or for a business to locate. In particular, he would need to emphasize that the entire Tech Works campus that they work on is a part of the Northeast community. Its a part of the Greater Cedar Valley Alliance's mission and goal. In fact, their charter is to provide new job training and job opportunities in the new economy at that location. April 27, 2009 Documents continued In addition, the U.S. 63 Gateway Community Development Corporation, Mike and Morgan both are good partners and they are developing a strong working relationship with that organization, particularly in the Logan Plaza area and as the Greater Cedar Valley Alliance supports the improvements to Highway 63. Mr. Dust stated they also think they are contributing by working with our businesses in the area of cultural competency to make sure that every opportunity for employment in the Cedar Valley is open to everyone and in a comfortable work place. The Greater Cedar Valley Alliances does strive, while they are marketing the entire Cedar Valley for new locations, they want every business that is located in any of our communities to stay and grow where they are, and that would include our northeast area of Waterloo. In addition, the work the Greater Cedar Valley Alliance is doing with MyEntreNet to try and encourage business start up and entrepreneurship both in the home, neighborhoods and in the Tech Works itself. Page 8 Councilperson Welper stated he appreciates all the Greater Cedar Valley Alliance does. When he is out and about the conversation usually ends up about what's going on in the city, and the Greater Cedar Valley Alliance has come up lately, and they are looking at the dollar amount that the city pays the Greater Cedar Valley Alliance, and they are asking are we getting our bang for our buck. Councilperson Welper stated he thinks they are looking to see why our industrial parks aren't filling up. Mr. Dust stated he would answer they are doing pretty well. Waterloo competes well. The one major investment that Waterloo needs to look at in the very near future is a light industrial park in the Highway 20 Corridor so that you can match up better with your competition in the Highway 20 Corridor. But you take a look at what has been going on over the last few years in the Cedar Valley generally and we have been living on expansions, and he would say that the city's parks are filling up. That they are expanding inside, they are making investments in new equipment and advancing the skills of the people who are there. Mr. Dust stated they share as many numbers as they have and try to explain the position of our communities as they visit with them. Except for the fact we have property tax issues to talk about sometimes and we have the right type of site availability to talk about sometimes, but other than that Waterloo is a very strong competitor in the region. Mayor Hurley stated he feels Waterloo does get a great bang for the buck. Mayor Hurley stated the city could hire a young person for what we are paying and we would have that one person trying to do these things that all this experience and know-how and interconnectiveness gets us for our entity. Mayor Hurley stated all of us know that people in Ward 3 and 4 are in particularly looking for a hit. We have been putting an awful lot of attention out in the 63 area, Logan Plaza and we'll keep trying and keep showing along with the Greater Cedar Valley Alliance. Mayor Hurley stated that when the Alliance and the City of Waterloo succeeds or even when the Alliance and another city succeeds in landing a new investment or securing an expansion, its good for everybody because it addresses the tax base, it addresses job availability, training, education. Mr. Dust stated that is absolutely right, and that the foundation of the Greater Cedar Valley Alliance organization is that we are working together as a regional economy to build our individual communities. Mr. Dust reminded everyone of the Monsanto project, and that it was hurtful that we weren't able to land Monsanto and almost $100 million worth of capital investment and jobs in Black Hawk County. At the same time, Monsanto landed very near us in Buchanan County. So in some ways we can still count that as a win for the Cedar Valley because many of the same people will work there, many of the same vendors will be their vendors, many of the same contractors will construct those facilities. By all means, we can almost use that as an example of a project of regional significance. As a practical matter because of Waterloo's status, because of its existing economic base, it gets the bulk or it gets many of the growth opportunities that work the other way. This is the center of economic gravity and others are beginning to understand that different cities and different counties in the region have different roles in that regional play. 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. 2009-364. • • April 27, 2009 Page 9 Documents continued 128951 - Reggie Schmitt/Welper that communication from Community acquisition contract with Waterloo Planning & Development Director transmitting Industrial Development Association to acquire 6.881 acres of property located on W. plus closing costs estimated at no development of a new business site, be approving said contract", be adopted execute same. Airline Highway at a more than $800.00, received, placed on and Mayor and City cost of $13,762.00, in conjunction with file and "Resolution Clerk authorized to Prior to a vote on the above motion, the following comments were heard. Councilperson Cole asked of this 6.881 acres of property is located in a flood plain. Noel Anderson, Community Planning & Development, noted that the property is located in a floodway. The city has been working with FEMA for about five years, and we just had some recent meetings with them. Approximately 2 acres of this site will come out of the floodway and will be located in a flood plain. By acquiring the entire 6.8 acres, it will allow someone developing this site, which has water, sewer and road right in front of it, to basically utilize some of the fill from the floodway portion of the drainage way to fill the other portion up if we can get them to construct a building there. The lot is to the south along the road. Councilperson Getty asked in order for somebody to build on that what do they have to do, how are they going to get rid of that water. Mr. Anderson responded that basically the zoning ordinance has regulations adopted by FEMA, the floodplain ordinance is located in the zoning ordinance. When they construct a building on that site, they will build a building at least one foot above the 100 year floodplain. That area actually did not flood very bad in the last portion, it stayed along the drainageway. This was improved a number of years back to make it flow through that area better, which is what is causing the correction in the maps to take some portion of this out of the floodway. Councilperson Getty asked if the city has someone thinking about locating at that site. Mr. Anderson responded we have some smaller businesses looking at the Airport Boulevard area. None of them specifically for the site at this point. We would need to wait for the FEMA official maps to be adopted in the coming months before they could build it. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Cole, Getty, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-365. RESOLUTIONS TO BE ADOPTED 128952 - Reggie Schmitt/Welper that "Resolution accepting and approving acquisition of property generally located at 2554-2556 Edgemont Avenue, as granted by court order pursuant to Section 657A.10A of the Iowa Code", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Reggie Schmitt noted that 2554 Edgemont should ring a bell. This has been a five year journey to get that property and probably if you go to McDonald's on Kimball Avenue tomorrow morning, Warren will no doubt be buying breakfast for everybody. Councilperson Cole noted that almost the first call she received when she was elected five years ago was about this property 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. 2009-366. April 27, 2009 Resolutions to be Adopted continued 128953 - Reggie Schmitt/Welper Page 10 that "Resolution accepting and approving acquisition of property generally located at 416-418 E. Mullan Avenue, as granted by court order pursuant to Section 657A.10A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-367. NEW BUSINESS 128954 - Reggie Schmitt/Welper that communication from General Manager request to certify the amount of $492.30 at 1323 Lafayette Street, together with Water Works Board of Trustees, be rece approving said request", be adopted and Hawk County Treasurer of same. Ayes: Sev of Waterloo Water Works transmitting for work performed by the Water Works recommendation of approval of Waterloo ived, placed on file and "Resolution City Clerk instructed to notify Black en. Resolution adopted and upon approval by Mayor assigned No. 2009-368. 128955 - Reggie Schmitt/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $305.85 for work performed by the Water Works at 307 Locust Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-369. 128956 Reggie Schmitt/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $744.87 for work performed by the Water Works at 4027 Midway Drive, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-370. 128957 - Reggie Schmitt/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $898.96 for work performed by the Water Works at 1571 Wakonda Drive, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-371. 128958 - Reggie Schmitt/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,856.23 for work performed by the Water Works at 422 Ankeny Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-372. 128959 - Reggie Schmitt/Welper • that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,405.20 for work performed by the Water Works at 426 W. Donald Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-373. • • • • • • April 27, 2009 Page 11 ORAL PRESENTATIONS 128960 - Councilperson Steve Schmitt stated that several council members received a variety of phone calls this weekend with the rain that we received, and he talked to several people today in various parts of the town. Councilperson Steve Schmitt stated he would like to have a brief discussion or overview on about whether or not we are in a situation of inadequate drainage or inadequate facilities. Dennis Gentz, Assistant City Engineer, stated some of these are more isolated maybe even individual lot situations that they have started to go out and look at. There might be a very simple solution. Some of them are a lot more complex and in summary of the whole drainage problem issue the capacity of the system is obviously a major issue. Within the capacity of the system, there is the inlet system as far as the actual drains and then also the pipe. The piping system in a typical residential area is designed for a five year storm, and that is a 20 percent chance that that storm would happen in any given year. Some of the higher traffic streets maybe the collector roads, arterials we bump that design criteria up to a ten year storm and the DOT has recently increased their minimum storm design to ten years. There is a higher storm on more heavily traveled roads. Many times box culverts are at a higher storm design as well, 25, 50 or sometimes even 100 year capacities. So that's one part of it, the capacity of the system. Another is the intensity of the storm, such as how much rain and how much time. Obviously, as that rain comes in a more intense manner the system is going to fill up faster and reaches and exceeds its capacity. Your going to see what we've seen this weekend, ponding in streets and so on. So obviously the more intense the rainfall its going to be a lot different than an all day rain kind of a thing. We do have storm water detention requirements and have for about 30 years. What that basically does for commercial and any residential development more dense than a duplex is required to have storm water detention. That takes into account the predevelopment run off versus the post development run off. The intent is to slow down the water, temporarily pond it and release it at lower rate then would have occurred prior to the development. As far as more regional problems, its really going to take a drainage analysis or detailed drainage analysis of the whole drainage base scenario to determine where there might be bottle necks or problems in the area as far as segments that are under capacity or if detention basins might be required to help elevate storms. We don't design for any rainfall that's going to happen. There are going to be the big ones that are going to have those ponding situations and the overtaxing of the system. Councilperson Getty stated he had several phone calls yesterday telling him that they called Mayor Hurley at his home. Councilperson Getty stated he was unfortunate enough to be out in the rain yesterday afternoon, and our city people, the sewer department, and waste management people were out. The pumps were there, but there is no system in the world that he is aware of that can take care of that amount of water in that short of time. You don't have the money to build such a system. Councilperson Getty stated we received about five inches of water. Councilperson Reggie Schmitt stated that is about 135,000 gallons per acre. Councilperson Getty stated the storm hit around at 6:00 p.m. and did it again, so Councilperson Getty stated he thought the some water, and that is unfortunate, but care of it and he commended them. about 4:00 p.m. and then it turned all this came in a very short time. sewers worked fine. Some people got our people were out, our people took Mayor Hurley stated he did get several calls at home and some e-mails were passed on to council. Mayor Hurley stated he had water in his basement yesterday so he can empathize just a little bit because people think where he lives the city doesn't have any problems. People were expecting that we knew this rain was coming three days ahead of time and we should have had the pumps. There probably are some lessons learned there that we can do things better, and Larry Smith knows that and he has full confidence in him. When Mayor caught up with Larry Smith last night he had to go through central dispatch to catch him, and he was almost stranded out at the Lagoon because the water was over the road. Pumps were out, trucks were out, and it was a Sunday and pumps and crews were out. We know our infrastructure is old and it was sized at a part of the town that was built in the 1900s or 1920s and we are constantly replacing those as we do full street reconstruction. The Engineering Department has a good plan of action for different watersheds that need attention and improvement. Those are incorporated into our five year CIP. We talk about sanitary sewers, the interceptors and this thing and that thing and we program those in, so there is attention on those. Some of them off of Ansborough Avenue have been completed. When we get to the point of talking about a storm water management fee, keep this weekend in mind for potential to do things better. • April 27, 2009 Page 12 Oral Presentations continued Mayor Hurley stated he sort of lost his temper last night because it was all the city's fault, and he will acknowledge that we are the ones that should be targeted for what's going on. But so many people have their sanitary and their storm footing tiles tied together, and when you get a 5 year event like we had yesterday of 5 inches there is just no way that a sanitary sewer isn't going to back up unless you have gate check valves. We are going to need eventually where all those CSSs are and probably have some huge major incentive program in this city to disconnect them. Its going to be hundreds of millions of dollars, but he would submit from his six years of going through this almost annually that if we didn't have combined sewer system problems a number of these annual calls would not happen in a rainstorm like yesterday. Mayor Hurley asked if the new pumps that were ordered with the stimulus money are available and useful in a situation like this. Larry Smith, Superintendent of Waste Management Services, responded we have the 14 four" pumps sitting at central garage. They weren't available to them. The problem is where do you put them. The problem with the system is that on the average day our flow is about 13 million gallons a day through the plant. Right now we're running between 65 and 67 million gallons a day through the plant, so we are doing about 5 times what we normally do a day and there's just no place to pump that to into the storm sewer. You can only pump so much in so many places and that's all you can do. Mayor Hurley asked if out in Downing Avenue what we're doing is relieving the sanitary system, Mr. Smith replied yes, and we get the calls and we go through this and Nancy is quite familiar with it, most people in that area do not have backflow preventers. Which is a devise that serves to protect their own property in cases like we had Sunday when there was a tremendous amount of rain or strenuous flow. If in fact we had a program and would see to it that some of these people would put in backflow preventers, we can stop them from having their own problem. Mayor Hurley asked where do they locate pumps, how do they assign, is it on a first come, first serve basis, or first call, first served. Mr. Smith stated they actually have several locations around town that they know are going to be overloaded primarily from past experience, and they try to get the pumps to those locations first. This weekend or Sunday when the problem was going on naturally we had a tremendous amount of street flooding. People would look out their window and see the streets underwater and be getting water in their basement and think it was coming from the water in the street. Its not, that is storm sewer that Dennis Gentz addressed. The sanitary sewer was what was backing up from footing drains and sump pumps being tied in the sanitary sewer system. Seeing water on the street in front of your house, unless its running in a basement window, doesn't mean that your going to have problems. They do have several locations that they know are going to have problems, and they do set those pumps up first. Councilperson Getty asked if any Joe the Plumber can put one of these backflow units in. Mr. Smith responded there are several types of backflow preventers on the market. Some people have flow drains with balls in them that pop up when the water comes up. They are subject to fail. Any kind of debris that would get near or around that ball would stop it from sealing. There is a sing check valve that goes in. Same thing, they can fail because if you get anything under the check it will cause it not to seal. In areas where you have serious problems and have had on-going problems for years probably a manual operated gate valve would be the best. That way you can possibly shut it off and not be subject to back up. Getty/Cole that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 128961 - Reggie Schmitt/Welper • that the council adjourn to Executive Session at 6:46 Motion carried. • • p.m. Ayes: Seven. 4 • • April 27, 2009 Page 13 City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2009). EXECUTIVE SESSION 128962 - Reggie Schmitt/Welper that the council adjourn Executive Session at 7:01 p.m. Ayes: Seven. Motion carried. ADJOURNMENT 128963 - Reggie Schmitt/Welper that the Council adjourn at 7:01 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk