Loading...
HomeMy WebLinkAboutMinutes-02/02/2009February 2, 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, February 2, 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: Larry Smith, Superintendent of Waste Management Services. 128487 - Reggie Schmitt/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 2, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 128488 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 26, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 128489 - Reggie Schmitt/Steve Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP642, pp. 1-60, dated February 2, 2009, in the amount of $1,805,060.37, 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. 2009-61. b. Beer License Permit Application Class C Fareway Store, 40 W. San Marnan Drive (Renewal) (Expires 2/28/10) c. Wine License Permit Application Class B Fareway Store, 40 W. San Marnan Drive (Renewal) (Expires 2/28/10) d. Beer/Liquor License Permit Application Class C Fernando's, 728 Commercial Street (Renewal) (Expires 1/27/10) (Includes Sunday Sales) Cafe Bar Piramida, 712 Jefferson (Renewal) (Expires 2/18/10) (Includes Sunday Sales) Jefferson Street Tap, 708 Jefferson (Renewal ) (Expires 2/7/10) Red Lobster, 941 E. San Marnan Drive (Renewal) (Expires 3/10/10) (Includes Sunday Sales) Ayes: Seven. Motion carried. UNFINISHED BUSINESS 128490 - Greenwood/Steve Schmitt that communication from Leisure Services Director transmitting recommendation of approval of award of contract in the amount of $21,570.00, minus $3,670.00 trade for a net total price of $17,900.00 to Waterloo Implement of Waterloo, Iowa in conjunction with Purchase of One John Deere 1565 Commercial Outfront Mower, 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. 2009-62. February 2, 2009 Page 2 Unfinished Business continued 128491 - Steve Schmitt/Welper that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $177,640.00 for purchase of 5 John Deere TX Turf Gators, 3 John Deere Pro Gator Sprayer Units, 2 John Deere Utility Mowers, 1 John Deere Fairway Mower and 1 Buffalo Turbine Blower to Van Wall Turf & Irrigation of Urbandale, Iowa in conjunction with Purchase of 2009 Golf Turf Equipment, 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 Greenwood asked if there were trade-ins for this purchase and if this price is net trade-ins. Mayor Hurley noted the cover letter from the Leisure Services Director indicates trade-ins totaling $20,500.00. James Bolger, Leisure Services Golf Manager, reported that the trade-in was $20,500.00. Councilperson Greenwood stated he thought the gators would be a hot that the city might want to sell rather than trade them in. Mr. Bolger replied the trade-in value on one of them was $2,250.00, thinks is a fairly fair trade as the new ones cost $6,300.00. The low was $1,500.00, and that was on a unit that had quite a few hours on Bolger noted that he was actually pleasantly surprised with the trade-in Following comments a vote was taken on the above motion with the result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-63. 128492 - Welper/Reggie Schmitt value commodity which he trade-in it. Mr. value. following that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $561,547.92 to WBC Mechanical of Waterloo, Iowa in conjunction with Installation of Chiller Plant and Upgrade of Air Handling Units at Center For The Arts, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted there was an editorial in the Sunday Courier. It goes back to the coal tar issues in 1989 and what Mayor Rooff did in 2003 along with Don Temeyer with the soil testing. Then it goes onto the expansion for the Center For The Arts with its own separate system for heating, ventilating and air conditioning, and now we are looking at replacing AC equipment for the west wing, the older part of the building that has been there since 1964. Mayor Hurley quoted from the editorial, "it seems the city would either have included a new central air conditioning system for the entire building as part of the Youth Pavilion project or at least replaced the existing system concurrent with it". Louis Cutwright, Building Official/Maintenance Administrator was quoted in the editorial as saying, "we tried to include it as part of the Youth Pavilion but the cost of the Pavilion project got too high, and we had to pull it out . " The article noted that faced with a similar situation for a boiler at the Airport, Airport officials were told the boiler replacement project would be much more expensive if delayed. The Courier stated they couldn't help but wonder if that is also now the case with the AC equipment at the Center For The Arts. Louis Cutwright, Building Official/Maintenance Administrator, explained that when the city was looking at the Youth Pavilion project, there were several discussions to include replacement of very old units that were in the west wing of the Center For The Arts. They talked about expanding the chiller room or the boiler room and the Youth Pavilion to fit some of these units in. The whole project became too expensive to include because there was a lot of fundraising, private funds and public funds used for the project. Mr. Cutwright stated the city started putting money back so that instead of replacing these large split system units which are very expensive to operate electrically the city would build an actual chiller plant that can run cold water to all of the units. Mr. Cutwright noted that we now have a 20 ton compressor out of a 40 ton unit that is cooling the theater. • • February 2, 2009 Page 3 Unfinished Business continued The unit at the Schoitz room is on its last leg, as we have replaced that compressor three times, and if it goes out again this year it will be very difficult to try to retrofit. That is why we are going with this project to put in new chillers and upgrading all the air handlers with cold water coils for the Center For The Arts. Councilperson Greenwood asked how much over budget or how much over design estimate is this project. Mr. Cutwright responded the design estimate was about $489,000.00 for the complete project and we are at $561,000.00. Mr. Cutwright stated the engineer from Gilmore and Doyle called him the day of the bid and said they were under in their estimate and we would probably see the bids come in over that estimate. Mr. Cutwright stated he has identified CIP dollars for the cost. 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. 2009-64. DOCUMENTS 128493 - Getty/Steve Schmitt that communication from Community Planning & Development Director transmitting Extra Work Order for net increase in the amount of $7,100.00 for work performed by Howard R. Green Company in conjunction with Cleanup of former CMC Site at 625 Glenwood Street, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Hart asked if the city did a closure plan for this site from the outset, and what is the extra $7,100.00. Councilperson Hart noted that last February he asked a question about what was left to do at that site and didn't get the impression that there was anything left to do other than have it capped. Noel Anderson, Community Planning & Development Director, stated that they had hoped to clean up all the funds at this site. As it became apparent through the process of cleaning up some of the trenching area, there was a lot of material in there and there was not enough funds to do that at that time. We changed the plans to go with an enclosure in place and because we changed some of those plans some of the overall budget for the project needed to be changed. Staff has been working with the EPA for those changes. The $7,100.00 represents a good portion of the grant that was put in place for cleanup that we did not use because we changed to the enclosure in place. The $7,100.00 will be used for putting together some site plans for redevelopment of the site showing an easement area and some survey work for where that enclosure is in place, so we can get some business in the future to redevelop the site and at the same time not endanger the status of the site by getting back into that easement area for the enclosure in place. Councilperson Hart stated that we are actually not there are still some things left to do on it and site in the future. Mr. Anderson responded that is Councilperson Hart asked if we were required to started. Mr. Anderson responded we were when we place. We keep changing the plan with EPA and this done with this site, and that then focus on developing the correct. do a closure plan when we changed to that enclosure in is part of that work. Following comments a vote was taken on the above result. Ayes: Seven. Motion carried. 128494 - Getty/Steve Schmitt motion with the following that communication from City Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal for Preliminary and Final Plat of Tower Park No. 5, be received, placed on file and "Resolution approving said variance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-65. February 2, 2009 Page 4 Documents continued 128495 - Getty/Steve Schmitt that communication from City Planner transmitting Preliminary Plat of Tower Park No. 5, together with staff report, aerial photo, preliminary plat, owner's statement of restrictions, legal description and report of the City Engineer, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-66. 128496 - Getty/Steve Schmitt that communication from City Planner transmitting Final Plat of Tower Park No. 5, together with staff report, aerial photo, preliminary plat, owner's statement of restrictions, legal description and report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-67. 128497 Getty/Steve Schmitt that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Transportation in conjunction with F.Y. 2009 Riverview Recreational Trail, Contract No. 726, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-68. 128498 - Steve Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting agreement with Mechanical Sales Inc. to purchase Multi -Stack Chiller at a cost of $74,031.00 for the Waterloo Public Library, 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. 2009-69. 128499 Getty/Steve Schmitt that communication from Community Planning & Development Director transmitting Bill For Sale and Easement Agreement for conveyance of railroad track to Con Agra, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated he had a call before the meeting and the basic question was why are we selling this spur and why wouldn't we lease it. Why wouldn't the city get market value which is maybe between $200,000.00 and $400,000.00 for the switch. Councilperson Greenwood asked if ConAgra owns the switch, will that tie up future development for the rail. Noel Anderson, Community Planning & Development Director, responded as ConAgra continues to develop their site, the city was approached by ConAgra and the railroad. They were looking at their rail options which was part of the original 1997 Hunt Wesson project. In speaking with them, they looked at different options including leasing the spur line to them or selling it to them. The spur line was originally built so that it could serve additional land to the east. There is a 25 acre parcel which ConAgra has the rights to through their last development agreement for future phases of their plant expansion. As we began to talk this over with ConAgra and the railroad, the sale option became the preferred option for a number of reasons. Number one, if we went with the lease the city would continue to have liability on the spur line as well as potential maintenance liabilities. Since we began to look at the sale option, in speaking with the railroad because of the curvature of the line of that spur line at that location and because of the length of that spur line, the railroad actually preferred for future development that we would come off the main line with a new spur. This was the preferred option by ConAgra and by the railroad, and it does not appear to hinder any future development at the Midport Industrial Park. • • • • • February 2, 2009 Documents continued Page 5 Councilperson Greenwood asked if the initial monies to put the spur in came from the State of Iowa. Mr. Anderson responded it was through the development agreement. About $237,000.00 came from state physical infrastructure program funds that was used to help build the spur line. All the requirements of that state funding have been met throughout the years through job creation and through the project itself, so there is no repayment to the state and there was no expenditure through city funds. Councilperson Hart asked what is the property worth and how much is the city selling it for. Mr. Anderson responded we don't know the actual physical condition and the bill of sale says selling as is. In 2004 the railroad line took out the switch gear because they said that the spur line needed severe maintenance to it to make it a usable spur line. ConAgra could have some expenditures that they are going to have to make to return it to a usable condition. The bill of sale was set up as an as is condition. Mr. Anderson stated he does not know what the true value of the spur line would be in its present condition. Mayor Hurley asked Councilperson Greenwood where his number come from. Councilperson Greenwood responded he has a businessman friend in Texas who is putting a spur in right now, and he says its costing him $700,000.00 to put a spur into his new facility. This friend said he was on the committee at the time and that he remembered it cost $400,000.00 to put the spur in ten years ago. Councilperson Getty stated it says easement to ConAgra in the sum of $10.00 and other good and valuable consideration. Mr. Anderson reviewed the map showing that the majority of the spur line is in the railroad right-of-way. There is a small portion of Tract A, which is actually a tract that the city owns. Its east of the National Guard property, but it goes just across a small corner of that. There would be no use of that property for anything other than the railroad spur line. It was just put in there as a nominal amount. Councilperson Greenwood asked if there is a timeline that ConAgra would need this, or could we table this item for one week. Steve Schultz, Plant Manager at ConAgra, stated that a delay of one week would probably be okay, but as of right now they have put in some capital at the facility to be able to utilize some rail cars for sugar. The sooner ConAgra can get that up and going the sooner they are going to be able to start seeing savings from those rail cars. Councilperson Greenwood stated that right now the switch is not operable, so ConAgra would have to put this equipment in. Mr. Schultz responded that ConAgra is going to have to put that equipment in to be able to have this flexibility. To be able to go to rails is going to help make them more competitive to make their facility more viable. Mr. Schultz stated ConAgra would certainly appreciate the council's support. Councilperson Hart stated he was wondering about the standard that was brought to his attention a couple of weeks ago about the value of property and making sure we are fair to all taxpayers and getting the entire value for sale of city - owned property. That is why he asked the question, but also wanting to be fair to the business because we want to make sure they stay active. Mayor Hurley stated that he thinks Councilperson Hart is referring to the city's sale of property policy. Mayor Hurley asked if this transaction is applicable to that policy. Mr. Anderson explained that we are actually selling the track itself instead of the property underneath it because its in the railroad right-of-way. The sale of property policy gives some provisions about counting improvements that they have to make as part of what they are doing. The fact that they are going to have to put in a new switch that is going to cost them at least $200,000.00, and to help ConAgra to continue to succeed because they pay a lot of property taxes to the City of Waterloo and employ a lot of people. The sale of property policy is structured to try to cover different scenarios and it probably covers this but its definitely not a normal one. Mr. Anderson noted the spur is there, but the switch was removed in 2004. February 2, 2009 Page 6 Documents continued Councilperson Reggie Schmitt asked in looking at the map if Mr. Anderson is talking about just the little curve that goes across the city parcel. From what the railroad line already owns into the ConAgra parcel, just that small curve that crosses city property. Mr. Anderson stated the highlighted area is the National Guard Armory and the easement goes across the city's parcel. Mr. Anderson stated the spur actually starts to the west of Airport Boulevard and it parallels the railroad track and then it cuts up onto ConAgra's property. The spur line goes along the entire length of the National Guard Armory starting a little ways west of Airport Boulevard. That was to give some length to it for some stacking of cars. ConAgra owns a part on their land and then the rest of its in the railroad right-of-way. 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. 2009-70. RESOLUTIONS TO BE ADOPTED 128500 - Hart/Steve Schmitt that "Resolution rescinding Resolution No. 2009-6 due to error in legal description and adopting new resolution approving encroachment agreement with Rose of Waterloo LP to allow five decorative pillars to encroach into public right-of-way generally located along Mulberry and Utica Streets as well as Oak Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-71. NEW BUSINESS 128501 - Greenwood/Steve Schmitt that communication of General Manager from Waterloo Water Works transmitting request to certify the amount of $2,875.00 for work performed by the Water Works at 1026 Columbia Street, together with recommendation of approval of Board of Waterloo Water Works 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. 2009-72. 128502 - Greenwood/Steve Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,900.00 for work performed by the Water Works at 1627 Woodmayr Drive, together with recommendation of approval of Board of Waterloo Water Works 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. 2009-73. 128503 - Greenwood/Steve Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $3,200.00 for work performed by the Water Works at 119 St. Alban Street, together with recommendation of approval of Board of Waterloo Water Works 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. 2009-74. 128504 - Steve Schmitt/Reggie Schmitt that communication from Community Development Director transmitting request to set date of hearing on Neighborhood Stabilization Program grant with the Iowa Department of Economic Development, be received, placed on file and "Resolution setting date of hearing as February 16, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described grant", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-75. • 1 • • February 2, 2009 New Business continued 128505 - Steve Schmitt/Reggie Schmitt Page 7 that communication from Police Chief transmitting request to set date of hearing and bid opening on the purchase of Electronic Document Management System, be received, placed on file and "Resolution setting date of hearing as February 16, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described system", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-76. 128506 Welper/Reggie Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Riverview Recreational Trail, Contract No. 726, be received, placed on file and approved. Ayes: Seven. Motion carried. 128507 - Welper/Reggie Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Riverview Recreational Trail, Contract No. 726, be received and placed on file. Ayes: Seven. Motion carried. 128508 - Welper/Reggie Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-77. 128509 - Welper/Reggie Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as February 23, 2009 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. 2009-78. 128510 - Welper/Reggie Schmitt to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2009 Riverfront Stadium Grandstand Structural Repairs, be received, placed on file and approved. Ayes: Seven. Motion carried. 128511 - Welper/Reggie Schmitt that plans, specifications, form of contract, etc. in conjunction with 2009 Riverfront Stadium Grandstand Structural Repairs, be received and placed on file. Ayes: Seven. Motion carried. 128512 - Welper/Reggie Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-79. 128513 - Welper/Reggie Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as February 23, 2009 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. 2009-80. February 2, 2009 Page 8 ADJOURNMENT 128514 - Getty/Reggie Schmitt that the Council adjourn at 6:06 p.m. Ayes: Seven. Motion carried. 4 Nancy Eckert, CMC City Clerk e •