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HomeMy WebLinkAboutMinutes-02/09/2009February 9, 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 9, 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: Sandie Greco, Superintendent of Traffic Operations. 128515 - Reggie Schmitt/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 9, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 128516 Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. CONSENT AGENDA 128517 - Reggie Schmitt/Steve Schmitt Monday, February Motion carried. that the following items on the consent agenda be received, placed on approved: a. Resolutions to approve the following: 1. 2, file and Resolution approving Schedule AP642, pp. 1-63, dated February 9, 2009, in the amount of $760,974.99, 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. 2009-81. 2. Communication from City Clerk transmitting request of Executive Director of Waterloo Commission on Human Rights transmitting request for a variance to the Noise Ordinance on June 19, 2009 from 1:00 to 7:00 p.m. in conjunction with Summer Harmony Day 4 to be held in Lincoln Park, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2009-82. b. Motion -to approve the following: 1. Communication from Mayor Hurley reappointment of the following to the expiration date of December 31, 2011: Legion Post 730; Randy Miller and Amvets Post 19; Michael Dennis and Sons of Union Veterans of the Civil Robert Tabor Jr., representing Rolling transmitting recommendation of Memorial Hall Commission, with term Craig White, representing American alternate Tom Broell, representing alternate Mel Wittwer, representing War; Marilyn Robinson and alternate Thunder Iowa Chapter 1. 2. Eric Thorson, City Engineer, to attend American Public Works Association Iowa Chapter 2009 Spring Conference in West Des Moines, Iowa on March 11- 13, 2009, with costs not to exceed $442.00, including use of city vehicle. 3. Matt Vlasak, Signal Technician Foreman; Kevin McKenzie and Roger Wooden, Maintenance Electricians; to attend Brown Traffic Products Annual Training Seminar in Davenport, Iowa on February 10-12, 2009, with costs not to exceed $690.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C National Dairy Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires 2/28/10) (Includes Sunday Sales) Babes Tap, 210 Division Street (Renewal) (Expires 3/14/10) (Includes Sunday Sales) Grand Cafe Bar, 1402 Black Hawk Street (New) (Expires 2/9/10) (Includes Sunday Sales) d. Cigarette/Tobacco Permit Application XO Food and Liquor, 428 Franklin Street February 9, 2009 Page 2 Consent Agenda continued Ayes: Seven, with Councilperson Steve Schmitt abstaining on PV in the amount of $130.00 for work performed by Schmitt Telecom Partners, Inc. Motion carried. HEARINGS & BIDS 128518 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on F.Y. 2009. Asphalt Overlay Program, Contract No. 754, as published in the Waterloo Courier on January 23, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128519 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mayor Hurley inquired as to how many bids were sent out. Eric Thorson, City Engineer, responded they don't actually send out bids. A notification is put in the paper and sometime they will call local contractors. Mr. Thorson reported one bid was received today. Mr. Thorson stated that it appears that only one prime contractor took out plans and several subcontractors took out plans. Greenwood/Steve Schmitt that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 128520 - Greenwood/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Asphalt Overlay Program, Contract No. 754", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-83. 128521 - Greenwood/Steve Schmitt that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-84. 128522 Greenwood/Steve Schmitt to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount Aspro, Inc., Waterloo, IA 5W $2,799,775.53 Ayes: Seven. Motion carried. HEARINGS 128523 - This being the time and place of public hearing for Mustang Bar, 1927 Jefferson Street, on the violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. 128524 - Getty/Hart that "Resolution assessing $300.00 penalty for said violation", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-85. • • • • February 9, 2009 Page 3 UNFINISHED BUSINESS 128525 - Greenwood/Steve Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $15,850.00 to LNS Builders, Inc. of Waterloo, Iowa in conjunction with 2008 W.S.A. Restroom Block Work Project, Portion II, 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. 2009-86. DOCUMENTS 128526 Hart/Welper that communication from Community Development Director transmitting agreement with U.S. Department of Housing and Urban Development for Economic Development Improvements Special Project grant in the amount of $343,000.00, with no required local match, to be used for neighborhood revitalization, be received, placed on file and "Resolution approving said agreement", be adopted and Community Development Coordinator be authorized registered representative. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-87. 128527 - Hart/Welper that communication from Community Development Director transmitting agreement with U.S. Department of Housing and Urban Development for Economic Development Improvements Special Project grant in the amount of $343,000.00, with no required local match, to be used for the Chamberlain site demolition, be received, placed on file and "Resolution approving said agreement", be adopted and authorize Community Development Coordinator be authorized registered representative. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-88. 128528 Hart/Welper that communication from Community Development Director transmitting agreement with U.S. Department of Housing and Urban Development for Economic Development Improvements Special Project grant in the amount of $196,000.00, with no required local match, to be used for the Cedar Valley TechWorks facility, be received, placed on file and "Resolution approving said agreement", be adopted and authorize Community Development Coordinator be authorized registered representative. Prior to a vote on the above motion, the following comments were heard. Rudy Jones, Community Development Director, explained that the Economic Development Improvements Special Project funds have been secured from the annual Cedar Valley Coalition Washington, D.C. trip and used for specific projects. The 343,000.00 grant for the Rath neighborhood will be used for stabilization of the housing stock, which could be for a number of things such as roof repairs, water service lines, porch repairs, anything that is needed in that area. The other $343,000.00 grant is for the continued work at the Chamberlain site for demolition which has no need for local match. The $196,000.00 grant for the Cedar Valley TechWorks facility is to help them continue the renovation, construction and build out of that facility. Councilperson Greenwood stated we have spent about $350,000.00 to $400,000.00 already to get the Chamberlain building down, and he asked how much farther will this get us in the demolition. Mr. Jones replied he is not exactly sure. When the project was started the city looked for multiple sources of funds to get that structure down, and this is another avenue. Mr. Jones stated he is not sure what the total cost of the demolition is as it depends on the type of development that will occur on the remaining structures on site. 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. 2009-89. February 9, 2009 Page 4 Documents continued 128529 - Getty/Cole that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $561,547.92 with WBC Mechanical, Inc. 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 said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-90. 128530 Getty/Cole that communication from Associate Engineer transmitting Cooperation Agreement with United States of America, Right -of -Entry to United States of America, and Attorney's Certificate as to Right -of -Way to allow U.S. Army Corps of Engineers to make repairs to the levee system on the Cedar River along River Road from Black Hawk Creek to Conger Street and removal of sand and silt from the 50 -year by-pass channel located in the Riverview Recreational Area and replacement of two closure panels, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-91. Councilperson Getty stated a couple of weeks ago he brought up the topic of dredging the Cedar River, and he didn't seem to get any interest. Councilperson Getty noted he will bring it up again when we are done with the budget process this year. If its good enough for the Army Corp of Engineers to do Black Hawk Creek, he is sure we can get something done with the Cedar River. Eric Thorson, City Engineer, reported these are for repairs to the existing system that happened because of the flood last year. The work along River Road from Black Hawk Creek to Conger is riprap that washed out along the riverbank that needs to be replaced and repaired. The removal of sand and silt is in the river recreational area, where there is a large cut along the bank of the river that if you follow Hawthorne and across the levee its just a little bit further east or downstream on the river, an area where the river goes across. When it gets high enough, that is known as the bypass channel and a lot of sand and silt was deposited in the drainage channel and also in the Riverview area. Mr. Thorson reported the closure panels are for the railroad bridge that collapsed, as there are closure structures on each end of the bridge that were damaged. Mr. Thorson stated that the Corp is basically repairing damage in the levee system that was the result of last year's flood. 128531 - Welper/Reggie Schmitt that communication from Associate Engineer transmitting Amendment No. 5 to agreement with Waterloo Development Corporation and Craig Ritland Landscape Architects for additional construction related services at a cost of $48,000.00 in conjunction with F.Y. 2007 Riverloop Exposition Plaza, Phase 1, Contract No. 721, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt asked if this was flood related and if there is an opportunity to recoup some of this expense. Mayor Hurley responded it is not flood related. This was a matter of getting into the Expo and Public Market project and finding out more of what is underground. Mayor Hurley noted this project is funded about 58 percent with gaming money coordinated through the WDC, 22 percent funded with the State Community Attraction Tourism grant, the city is contributing approximately 17 percent, the county is putting in one half percent, and additional miscellaneous funds bring it up to 100 percent. Mayor Hurley stated that some people ask why doesn't the city use the $48,000.00 to fill pot holes or do something else and it just doesn't work that way. Mayor Hurley stated its not a matter of could we, we can't. • • • February 9, 2009 Documents continued Noel Anderson, Community Planning & Development Director, stated some of it was flood related in terms of some of their services being extended because they had to essentially wait for the area to de -flood. There were some changes in the scope of the development of the area in terms of the electrical and there were some underground foundations that were found that caused some extra work. Page 5 Doug Schindel, Earth Tech AECOM, reported this was not flood related because this is a construction review services project, and this basically has to do with their field staff which includes survey and field review personnel. Mr. Schindel reported there was some additional work, including the electrical work and the public market building that included the tie -ends to the Expo loop area, which extended the schedule. Originally, everyone was hoping to have this done in 2008, but because of some relocation delays that didn't happen and then some utility relocations that got delayed in 2008, the contract is being carried over into 2009 and the big push will be to finish it before My Waterloo Days. Mr. Schindel stated this is because of the additional work involved and the additional items in the Expo area and due to the complications during construction and the additional work that was required during construction. 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. 2009-92. 128532 - Steve Schmitt/Welper that communication from Police Chief transmitting agreement with Helping Services of Northeast Iowa, Inc. to perform alcohol compliance checks and special event monitoring, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-93. 128533 - Steve Schmitt/Welper that communication from Assistant City Engineer transmitting Acceptance of Plat Improvements of Country Club Business Center Addition, be received, placed on file and "Resolution approving said improvements", be adopted and two year maintenance bond from Cardinal Construction, Inc. be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-94. 128534 - Steve Schmitt/Welper that communication from Planner II transmitting request of Coretta Crawley for tax exemptions on improvements totaling $123,086.00 for property located at 509 Anthony Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-95. 128535 - Steve Schmitt/Welper that communication from Planner II transmitting request of Willie and Janie Zanders for tax exemptions on improvements totaling $18,930.00 for property located at 1302 Newell Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-96. February 9, 2009 Page 6 Documents continued 128536 Steve Schmitt/Welper that communication from Planner II transmitting request of Bernice Richard for tax exemptions on improvements totaling $56,598.00 for property located at 535 Warren Drive located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-97. 128537 - Steve Schmitt/Welper that communication from Planner II transmitting request of Mark & Tami Aspenson for tax exemptions on improvements totaling $36,000.00 for property located at 621 Evergreen Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-98. 128538 - Steve Schmitt/Welper that communication from Leisure Services Director transmitting Memorandum of Understanding with the Iowa Department of Transportation to allow access across the Cedar Valley Lakes Trail as needed for flood -related repairs to US 218 Bridge Over the Cedar River, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-99. 128539 Reggie Schmitt/Welper that communication from Community Development Director transmitting 1st amendment to STATE Jumpstart Housing Assistance Program with Iowa Finance Authority for additional award of $820,786.43 to assist eligible residents whose homes were damaged following the disasters of 2008, 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. Rudy Jones, Community Development Director, reported these are additional funds from the State which was passed last week by the House and Senate to continue to help the 2008 flood victims. There are a few special conditions to these funds. The first one being their intent is to assist those with a family income of equal or less than 150 percent of the area median income. Mr. Jones stated they are seeking to help those who didn't receive any assistance in the first round of funds, so they will probably go back and try to grant assistance to those who may not have been eligible for those funds because the funds were gone or there just wasn't enough time to get that accomplished. They are also seeking to help those who may not have had enough assistance on the first round, so they would go back through that list. Mr. Jones noted these will be for forgivable loans up to $24,999.00. Mr. Jones stated they will alert citizens through a press release and also make calls to those individuals who already have applications on file. They will continue to work those into the ones they are already working with through the Jumpstart Federal Fund Program, so they will just roll this activity back in with the current activities. 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. 2009-100. 1 • • February 9, 2009 Documents continued Page 7 128540 - Reggie Schmitt/Welper that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with All Stop Convenience, 2424 Ranchero Road, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-101. 128541 - Reggie Schmitt/Welper that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with Guppy's On The Go, 1615 Bishop Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-102. 128542 - Welper/Reggie Schmitt that communication from Community Planning & Development Director Professional Services Agreement with Vandewalle & Associates at a exceed $25,000.00 to provide Wayfinding Development Services for downtown signage locations and development of downtown strategies, placed on file and "Resolution approving said agreement", be adopted authorized to execute same. transmitting cost not to creation of be received, Prior to a vote on the above motion, the following comments were heard. and Mayor Councilperson Greenwood noted this agreement is for development of the signage, the signage itself will be additional. James Walsh, City Attorney, stated he had a conversation with Mr. Vandewalle about the signage issue downtown and one of the things that we are interested in is providing opportunities for a display of local events and display of things that are happening in our community. Mr. Walsh stated that MidAmerican is now under the gun to get their transformers elevated downtown, to get them up out of the underground caverns they are now in and there is going to have to be some kind of street structure put in where these transformers are. Vandewalle is going to look at the alternatives that might be available and help MidAmerican make the right choice in terms of what structures to put in our downtown that will include things that would help people wayfind and know what events are going on downtown. Councilperson Hart asked if this is monies that council already approved as he remembers conversations about the hotel motel tax. Councilperson Hart asked if this is money that has already been allocated, and if it is he didn't know that it would have to come back again before council. Mayor Hurley stated that tonight we are approving the Professional Services Agreement. Mr. Walsh stated it is the agreement that needs to be approved. Councilperson Hart stated that taking a look at the information council had during the September 15, 2008 meeting, and the information council received for the October meeting when they had this discussion taking a look at several elements of the work. Element one was the Riverloop Expo and Public Market. Two was Riverloop experience and three the downtown development plan. Also looking at the information that was placed on December 30, 2008 for the $10,000.00 and then information from December 22, 2008 for the wayfinding. Its shifted a little bit, its almost trying to put your finger on something, and it looks like it keeps moving a little bit. Councilperson Hart stated he is not seeing some of the information that the council did approve, so he is wondering if its shaking a little bit and shifting. Mayor Hurley stated we are not necessarily shifting, we are taking from a long standing master plan idea of how Vandewalle would work for us and we are honing it down now and getting very specific. Mayor Hurley used Dubuque to explain wayfinding as you drive in on highway 20 from the west to the east there are color coordinated signs directing you to different districts, etc. February 9, 2009 Documents continued Page 8 Mayor Hurley explained that in Waterloo we have the Expo, the Public Market, Grout, Dan Gable Museum, the TechWorks, new trails, the government district, hospitality entertainment district, and recreation, and we are just trying to bring that all together and make some sense so everybody isn't putting up signs. Mayor Hurley commented that regarding the brochure there are a multitude of organizations that we need the same sort of coordination. This is going to be designed to go to the outside to create new interest, new investment and new visitors to downtown. We have the Chamber, the Cedar Valley Alliance, Main Street, and CVB all kind of doing this sort of communication. Noel Anderson, Community Planning & Development Director, stated from the very beginning what we have been doing in the downtown master plan is first they laid out the different districts that they thought were appropriate in the downtown based on the strength of existing businesses, existing public uses as well as available redevelopment blocks and spaces. From there, we have gone down to a block by block analysis of what buildings could go in place. What types or more specific type uses should go in there to compliment some of the projects that are being not only developed by the city and the riverfront renaissance plan but by the interest we are seeing from private developers in coming into downtown Waterloo. The wayfinding one is further broken down into exactly what they think it will take to create the proper signage plan in terms of how you transition from the hospitality to the entertainment district to the sports district and also looking at some new features that have come into place since the original conception. Such as we are going to have a new entrance coming in on the Commercial Street extension and the correlation between downtown Waterloo and the TechWorks facility. Mr. Anderson stated as you look through the contract they talk about needing to analyze the existing patterns and new patterns that will be developed selecting the locations of signage. Then determining a hierarchy of signage and types of signage. Developing cost estimates, phasing and funding sources and then putting that all together in a plan to document the rational. The themes, the strategies, the locations and then why they went with the certain types of designs. Councilperson Hart stated he applauds the wayfinding effort because traveling around the state and seeing what some of the different cities are doing with their downtown just part of like the great places initiative. This is a huge part of what they are doing to try to help people to be able to access the resources that they have in the different entertainment districts and downtown districts. Councilperson Hart stated that looking at September 15, 2008 downtown Riverloop wayfinding the recommendations that we had was $12,500.00 for the downtown Riverloop wayfinding study and today it reads $25,000.00. Mayor Hurley responded that council is approving a contract, but we are splitting that cost. We took $12,500.00 out of hotel/motel and the other portion is coming from WDC. Councilperson Hart stated that the brochure, which is a good thing, was around $18,000.00 in September and now $10,000.00 so that is always a good thing if the cost goes down. Mayor Hurley responded that he recommended $18,000.00 be used from discretionary hotel/motel fund but council only approved $10,000.00, and WDC is paying for the printing. Councilperson Hart stated this is exactly what the council approved as far as the discretionary hotel/motel grant recommendations. Mayor Hurley stated that when council did the discretionary hotel/motel funds, he new $18,000.00 is what the cost would be for the brochure and now Vandewalle is saying this is what they will provide and now we are asking council to authorize the agreement. Councilperson Steve Schmitt stated he thinks part of the sense is it seems like $25,000.00 is a pretty good chunk of money for a conceptual bit of work that is not going to involve the actual making or installing of the signs. Councilperson Steve Schmitt stated he thinks the signs are a great idea and they look real nice in Dubuque and some other cities. Councilperson Steve Schmitt asked if this is all part of the whole plan with Vandewalle, so this portion couldn't have gone out for an RFP or proposal. Its just all of the grand master plan that when they are the ones taking it from start to finish we are really kind of locked into that situation. Mayor Hurley responded that he thinks we could fragment this and break it down but we would possibly endanger ourselves with an as is end product, fragmented and broken down. Mayor Hurley stated that Vandewalle has been with the city a long time when creating a master plan, the vision of the downtown redevelopment was just an idea. It was schematics when we presented it to the Vision Iowa Board and it got more and more and more definitive. • • • February 9, 2009 Page 9 Documents continued Mr. Walsh stated that we could go to new service providers for these things but its a little bit like picking a doctor, engineer or lawyer, you wouldn't want to go with low bid. There is always someone who will low bid and has no idea of what they are doing. Vandewalle has done successful projects. If you lose confidence in him or think he is overcharging, you should switch. But you should switch entirely not just the wayfinding as that is just a little part of this whole overall scheme. He knows where every corner is, where every turn point decision. He has done that for years and it wouldn't make sense to change the wayfinding part of this. We do squeeze him, we have squeezed him at WDC meetings when he says $25,000.00 that doesn't necessarily get him $25,000.00. For instance the last contract he said something like $60,000.00 and he got $40,000.00. Its a question of how much could be afforded, how much WDC can chip in, how much the city can pay. If council has a confidence problem with them either price wise or service wise, it is a good idea to stop in those meetings to talk with him because its hard to judge without face to face with the guy providing the services as much as it is with any professional. 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. 2009-103. 128543 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting Professional Services Agreement with Vandewalle & Associates at a cost not to exceed $10,000.00 to provide Design Services for a Waterloo Anew Brochure, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Nays: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-104. RESOLUTIONS TO BE ADOPTED 128544 Greenwood/Steve Schmitt that "Resolution setting date of hearing as Monday, March 9, 2009 at 5:30 p.m. in the City Hall Council Chambers on FYE 2010 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-105. 128545 - Greenwood/Steve Schmitt that "Resolution approving an advance of not to exceed $275,000.00 from the General Fund for repayment from the Rath Area Urban Renewal Tax Increment Revenue Fund to pay costs for asbestos removal services provided by Advanced Environmental at the former Rath Administration Building", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-106. 128546 - Greenwood/Steve Schmitt that "Resolution dedicating public easements generally located in the Shadow Creek Crossing residential development east of Hammond Avenue, north of San Marnan Drive", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-107. 128547 - Greenwood/Steve Schmitt that communication from Mayor Tim Hurley transmit request for authorization to pay cost for city's new website using unspent funds, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt stated he thought when this was originally talked about, there was discussion that it seemed to be a fairly strong price. Councilperson Steve Schmitt stated he is a little bit confused about how we got to this point without going out for RFPs, should we have gone out for RFPs and is it too late to do that now. February 9, 2009 Page 10 Resolutions to be Adopted continued Mayor Hurley responded that probably the RFPs should have happened. Mayor Hurley explained that a couple of years ago, the Waterloo Industrial Development Association (WIDA), of which the city is a member, wanted to create a Waterloo Economic Development website and do that through city hosting. The city had membership on that committee and they worked for some time to develop that website. Its up and running and its an excellent website and has received a lot of accolades. In that process, WIDA did an RFP internally and went out to seven companies. WIDA did a lot of discernment and they didn't necessarily chose the lowest bidder. They interviewed each and every one of them, and at the end of the day, the committee decided to go with Butz Creative. After WIDA's site was up and running, Mayor Hurley visited with WIDA representatives who said they liked the Economic Development site so well they would be willing to participate in the cost of upgrading the city's website. Mayor Hurley stated that what he heard was they would take care of it, that WIDA would take care of it through private donations, which was wrong. Mayor Hurley's understanding was that they were going to do it, so he told them to go ahead. Mayor Hurley stated they went down the path with him thinking its going to be taken care of by the private sector and them thinking they were going to need some partial help from the city. Mayor Hurley stated the work is done, its almost ready to launch, and he thinks the city has an ethical responsibility to the work that was done. Councilperson Hart stated that from the presentation we had a while ago, he believes its an excellent product. Councilperson Hart stated he feels it puts him a precarious position because for $22,500.00 he thinks we could almost have a part-time webmaster to come in and create a web page for the city and then be able to even host it for a year. Councilperson Hart stated now it would be a challenge with all they work they have already done, and it doesn't really give us much choice. Councilperson Getty stated he feels its one of those things that Mayor Hurley got involved with, and as the Mayor he made a decision. Councilperson Getty stated that he and Mayor Hurley don't always agree on everything and probably never will, but he supports Mayor Hurley 100 percent on this because of the fact as Mayor he made the decision and he feels council should approve this. Mayor Hurley stated that he is not going to make this mistake again and will listen better. Mayor Hurley stated he really doesn't want to use the word mistake because he thinks when the day is done, we all will be delighted and so will our citizens. Mayor Hurley stated this will allow us to send out warnings, we can instruct citizens on what we are doing and why we are doing it, we can get interactive maps, citizens can contact us about things such as a street light is out or there is a stop sign down. Councilperson Steve Schmitt stated he agrees with everything that has been said, and he is one of the biggest proponents of updating the city's website. We really don't have a good handle on our Boards and Commissions on what seats are available, and he knows this is going to improve that and its going to improve a lot of other things. Councilperson Steve Schmitt stated his primary concern is not directed at Mayor Hurley, but his primary concern about this when we talk about the ethicalness is are we getting into a questionable area as far as approving something beyond a certain dollar amount that didn't go out for RFP. Councilperson Steve Schmitt stated he appreciates the fact that WIDA did go out for RFP, but his biggest concern is he doesn't want this to come back. Councilperson Steve Schmitt stated he has nothing against Butz Advertising. James Walsh, City Attorney, stated this is a services situation so we would not have to have competitive bidding. Mr. Walsh stated council adopted some rules about expending a certain amount, but he thinks this under that and subject to council's discretion as to whether or not to pay it. WIDA paid some money on this to help get it started, but this is a good example of being sure how much its going to cost in the end. Mr. Walsh stated the city may want to look at the continuation of this situation to make sure we have a handle on the price going forward. Mr. Walsh stated we can argue whether we have a legal obligation, but the work is done and if its going to benefit the city he doesn't disagree that we should probably pay it, and we would not violate our own rules if we did. Mayor Hurley noted that he did request funding from the Black Hawk County Gaming Association last quarter for the website, but they don't fund projects that the work has already been done. Following comments a result. Ayes: Five. Resolution adopted and • vote was taken on the Nays: Cole, Hart. above motion with the following upon approval by Mayor assigned No. 2009-108. • 1 • February 9, 2009 Page 11 Resolutions to be Adopted continued 128548 - Greenwood/Steve Schmitt that "Resolution supporting financially and philosophically the work of Main Street Waterloo", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported that currently and for a number of years the city has used $30,000.00 from the TIF to support services Main Street provides for the downtown. Mayor Hurley stated that he may propose additional funding for them in the 2010 Budget. Mayor Hurley stated that the resolution just says that the city supports financially and philosophically what Main Street is doing Main Street needs that in order to be recertified by the Iowa Department of Economic Development. Councilperson Cole stated that philosophically she supports Main Street. Councilperson Cole stated her concern is with the financial part because if council is in the budget process and looking at not funding some extras, she doesn't know how she would feel about supporting Main Street financially. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-109. NEW BUSINESS 128549 Steve Schmitt/Reggie Schmitt to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2009 Riverfront Stadium Locker Room Renovation -Phases I & II, be received, placed on file and approved. Ayes: Seven. Motion carried. 128550 - Steve Schmitt/Reggie Schmitt that plans, specifications, form of contract, etc. in conjunction with 2009 Riverfront Stadium Locker Room Renovation -Phases I & II, be received and placed on file. Ayes: Seven. Motion carried. 128551 - Steve Schmitt/Reggie Schmitt 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. 2009-110. 128552 - Steve Schmitt/Reggie Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 2, 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. 2009-111. ORAL PRESENTATIONS 128553 Sindee Kleckner, Executive Director for Main Street Waterloo, introduced herself as the new director and stated that she is excited to be here and to be working with everyone in the city in the future. Ms. Kleckner stated she looks at the downtown as the heart of the city, and she looks at what council has done tonight as some of the exercises that they do to strengthen their hearts. Maybe not something you look forward to such as going down the stair stepper all the time, but you do know that it strengthens your heart and you do know that it helps your longevity, and it does make a healthier environment. Forrest Dillavou, 1725 Huntington Road, stated that several years ago when the state was auditing the books of the City of Waterloo they suggested that we need to look more towards concrete rather than just asphalt especially for reconstruction of our streets, stating the fact that there was not much competition. February 9, 2009 Page 12 Oral Presentations continued Mr. Dillavou stated again tonight we see that there is no competition for asphalt overlay which leaves us vulnerable because there is not another bidder. Mr. Dillavou stated he thinks on reconstruction of our city streets we should look more towards concrete as asphalt settles, mushes out. Mr. Dillavou stated he thinks we need to look at concrete for our reconstruction so we can get competitive bids and perhaps get a better price and a better street for the citizens of Waterloo. Mayor Hurley explained we have two contracts, one is for reconstruction which is tear up the whole thing and its weeks at a time. That is when we get down into the infrastructure and repair that if necessary and replace piping and things. The other contract is overlay, and we have not been very successful for concrete for overlay. That technology is not perfected for the upper Midwest yet. Concrete as an overlay over other concrete, existing concrete doesn't work so well. The industry is working on it so that's why we typically end up with asphalt on our overlay. Eric Thorson, City Engineer, stated the city does bid alternatives on reconstruction. There is a concrete alternative where you have concrete curb and gutter and concrete paving in-between. We also have an asphalt alternative where its concrete curbs and gutter and then asphalt in-between. The asphalt section is bid at 7% inches of asphalt and 7% inch curb & gutters as opposed to 6 inches of concrete they believe to be an equivalent section and we get as much life out of that as we do the concrete section. Mr. Thorson recommended staying with bidding alternatives on the reconstruction contract as he feels we get equal products. Mr. Thorson noted that concrete certainly has its issues. You can drive by any of the city's old concrete streets and see lots of cracking at the joints, which typically leads to overlays. Mr. Thorson stated its the recommendation of the Engineering Department that we stay with bidding the alternatives as that is a way to get competition. There were years in the past when all we would receive is one concrete bid, so the council directed staff to come up with a method to get some competition in the reconstruction project and the way we did that was by bidding equivalent sections and that includes an asphalt alternative. Getty/Reggie Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 128554 - Reggie Schmitt/Greenwood that the Council adjourn at 6:40 p.m. Ayes: Seven. Motion carried. 'Nev--tAs Nancy Eckert, CMC City Clerk • •