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HomeMy WebLinkAboutMinutes-02/23/2009• • February 23, 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 23, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Getty. Moment of Silence. Pledge of Allegiance: Ron Welper, Ward 5 Council Member. 128586 Reggie Schmitt/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 23, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 128587 Reggie Schmitt/Steve Schmitt 128588 that the Minutes, as proposed, for the Regular Session on 16, 2009, at 5:30 p.m., be accepted and approved. Ayes: Getty. Motion carried. CONSENT AGENDA Reggie Schmitt/Steve Schmitt Monday, February Six. Absent: 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. 1-51, dated February 23, 2009, in the amount of $1,507,730.44, 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. 2009-131. 2. Communication from City Clerk transmitting renewal of Adopt -A -Highway application with Iowa Department of Transportation to allow the Cedar Valley Lions Club to pick up trash within State Right -of -Way from the Highway 20/U.S. 63 overpass south two miles from January 1, 2009 through January 1, 2011. Resolution adopted and upon approval by Mayor assigned No. 2009-132. 3. Communication from Mayor Hurley transmitting Proclamation recognizing the Rotary International for more than 100 years of service to improving the human condition in local communities around the world. Resolution adopted and upon approval by Mayor assigned No. 2009-133. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of Sheryl Annette and Aundra Meeks to the Leisure Services Commission, with term expiration date of March 1, 2012. c. Liquor License Permit Class E Sycamore Convenience 3/11/10) (Includes Application Store, 617-619 Sycamore Street (Renewal) (Expires Sunday Sales) d. Wine License Permit Application Class B Sycamore Convenience Store, 617-619 Sycamore Street (Renewal) (Expires 3/11/10) (Includes Sunday Sales) e. Beer License Permit Application Class C Sycamore Convenience Store, 617-619 Sycamore Street (Renewal) (Expires 3/11/10) (Includes Sunday Sales) February 23, 2009 Page 2 Consent Agenda continued f. Beer/Liquor License Permit Application Class C Sapphire's Gentlemen's Club, 301 West 4th Street (Renewal) (Expires 2/12/10) (Includes Sunday Sales) Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/10) (Includes Sunday Sales) Amalgamated Local 838 UAW, 2615 Washington Street (Renewal) (Expires 2/28/10) (Includes Sunday Sales) Catherine Doyle's Pub, 504 Sycamore Street (Renewal) (Expires 3/7/10) (Includes Sunday Sales) Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (Renewal) (Expires 3/11/10) (Includes Sunday Sales) g. Outdoor Service Area Application Lone Star Steakhouse & Saloon, 4045 Hammond Avenue Ayes: Six. Absent: Getty. Motion carried. HEARINGS & BIDS 128589 Hart/Reggie Schmitt that proof of publication of notice of public hearing on F.Y. 2009 Riverview Recreational Trail, Contract No. 726, as published in the Waterloo Courier on February 6, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 128590 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Reggie Schmitt that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 128591 Hart/Reggie Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Riverview Recreational Trail, Contract No. 726", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-134. 128592 - Hart/Reggie Schmitt that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-135. 128593 - Hart/Reggie Schmitt to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Base Bid + Base Bid + Base Bid + Bidder Base Bid Alt 1 Alt 2 Alt 1 + Alt 2 Cunningham Construction $289,858.53 $298,100.83 $321,602.53 $329,844.83 Cedar Falls, IA Peterson Contractors, Inc. $324,238.10 $330,964.65 $350,130.90 $356,857.45 Reinbeck, IA Stickfort Construction $286,869.47 $293,596.03 $316,503.47 $323,230.02 Cedar Falls, IA Vieth Construction Corp. $300,765.80 $307,492.36 $320,761.80 $327,488.36 Cedar Falls, IA • • February 23, 2009 • 1 Hearings & Bids continued Ayes: Six. Absent: Getty. Motion carried. Page 3 The following bid was timely received in the office of the City Clerk on February 23, 2009, but was not included in the bids opened at the council meeting. The following bid was opened on February 24, 2009 at 8:20 a.m. in the office of the City Clerk with City Clerk Nancy Eckert and City Engineer Eric Thorson present: Bidder B & B Builders and Supply Waterloo, IA 128594 - Steve Schmitt/Welper Base Bid Alt 1 $331,079.80 $336,109.00 Alt 2 Alt 1 + Alt 2 $355,680.50 $360,709.70 that proof of publication of notice of public hearing on 2009 Riverfront Stadium Grandstand Structural Repairs, as published in the Waterloo Courier on February 6, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 128595 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Paul Hutting, Leisure Services Director, explained that these are repairs that were discovered when we tore out the old locker rooms. This is not part of the larger gaming funded project. Steve Schmitt/Welper that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 128596 - Steve Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2009 Riverfront Stadium Grandstand Structural Repairs", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-136. 128597 Steve Schmitt/Welper that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-137. 128598 - Steve Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Security Basis Bid Unit Price per sq. ft. Hauptly Construction Check $198,000.00 $108.00 Cedar Falls, IA Magee Construction 5% $134,836.00 $607.00 Cedar Falls, IA Matt Construction Inc. 5% $109,000.00 $20.00 Sumner, IA Tricon Construction 5% $63,996.00 $15.00 Dubuque, IA Ayes: Six. Absent: Getty. Motion carried. February 23, 2009 Page 4 DOCUMENTS 128599 Cole/Hart that communication from Contracts and Grants Coordinator transmitting Change Order for net increase in the amount of $8,841.00 for work performed by D.W. Zinser Co. Inc. in conjunction with General Obligation Bond Demolition Project, Contract No. 156 -D -GO -03-03-08, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Motion carried. 128600 Cole/Hart that communication from Convention & Visitors Bureau transmitting proposed allocation of FY 2010 hotel/motel tax funds in the amount of $213,125.00 and proposed Mini -Grant Program for remaining FY 2010 hotel/motel tax funds in the amount of $36,875.00, be received, placed on filed and "Resolution approving said allocation", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated that both he and Mayor Hurley served as liaisons for the Convention & Visitors Bureau and he knows the task of dividing up the money, and he is very appreciated that the volunteers are doing this. Mayor Hurley noted that council held a work session earlier this afternoon on the hotel/motel funds. Good information was shared and a lot of questions were answered. The hotel/motel tax receipts are up, and we are able to do so much more today than we were even a few short years ago. We hope that trend continues, and when the Convention and Visitors Bureau partnerships with the City of Waterloo and many of the other great organizations in Waterloo like Main Street and the Chamber of Commerce that will continue to grow. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-138. 128601 - Cole/Hart that communication from Planner II transmitting request of James Gronen for tax exemptions on improvements totaling $8,000.00 for property located at 120 Lindale 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: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-139. 128602 - Cole/Hart that communication from Associate Engineer transmitting State of Iowa Grade Crossing Surface Repair Force Account Agreement with Canadian National and the Iowa Department of Transportation for construction of Maynard Avenue crossing at a cost of $58,309.00, with estimated city's share of $12,462.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-140. 128603 - Cole/Hart that communication from Associate Engineer transmitting Professional Services Agreement with AECOM at a cost of $328,000.00 for certification of the levee system, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-141. • • February 23, 2009 • • Documents continued 128604 - Cole/Hart Page 5 that communication from Superintendent of Traffic Operations transmitting agreement with Ament Inc. to provide engineering design services at a cost of $32,900.00 for traffic safety improvements at US 63 & Ridgeway, US 218 & 18th/Williston, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-142. 128605 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting agreement with VJ Engineering at a cost of $31,000.00 to provide engineering services for further development and design of the Martin Road Industrial Park, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-143. 128606 Welper/Reggie Schmitt that communication from Superintendent of Waste Management Services transmitting three-year agreement with Denver Construction of Denver, Iowa at a cost of $54.26 per ton in conjunction with Drop Off Site Recycling Collection and Disposal Program, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-144. 128607 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting agreement with JDE Engineering at a cost of $8,100.00 for a feasibility study relating to the development of the San Marnan Drive Recreational Trail through the Tower Park developed area from the Veridian site to Kimball Avenue, 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. Noel Anderson, Community Planning & Development Director, reported that JDE Engineering will be looking at different options to get the trail from Kimball Avenue over to the west side of the Tower Park developed area. In the past no trail system was put into this area. As part of the Country Club Development and the platting developments to the west of the developed area, the city is requiring a trail system which eventually will help to serve southern Waterloo with a trail system all the way from Crossroads to West 4th Street. As part of this proposal, JDE Engineering will be working with the property owners out there to try to find the different options for getting the trail through that area. Since its already all developed it could go around the pond, or it could go up along the Tower Park existing right-of-way so he will be exploring those options. He will be developing design cost estimates and putting together some of those public meetings. Councilperson Greenwood asked if there are plans on completing that loop down to Highway 63 and 20 where it would hook up with the trail. Mr. Anderson responded the Shaulis Road projects also are going forward which will hook into the 63 trail. At some point from Shaulis up to this area, there will be a trail connection. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-145. February 23, 2009 Page 6 Documents continued 128608 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting First Amendment to Purchase and Sale Agreement with First Acquisitions, LLC for purchase of Crossroads Fire Station Number 8, 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 we are adding an amendment to the sale agreement to reflect the interested parties' cost of the homework that we are doing, such as the drawings and conceptual designs and engineering. Noel Anderson, Community Planning & Development Director, stated that we are moving up when we would have the final design work for the architecture ahead of when they can still opt out of it. Now if they opt out of it, all of the city's costs are covered by them. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-146. RESOLUTIONS TO BE ADOPTED 128609 - Greenwood/Steve Schmitt 128610 that "Resolution fixing date of hearing as March 9, 2009 at 5:30 p.m. in the City Hall Council Chambers on the authorization and issuance of variable/fixed rate notes in the aggregate amount not to exceed $3,175,000.00 under the contract with the US Department of Housing of Housing and Urban Development for Loan Guarantee Assistance", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-147. NEW BUSINESS Reggie Schmitt/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Sidewalk Repair Program - Zone 9, and Trail Repairs, Contract No. 752, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 128611 Reggie Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Sidewalk Repair Program - Zone 9, and Trail Repairs, Contract No. 752, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 128612 - Reggie Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-148. 128613 Reggie Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 16, 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: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-149. • • M February 23, 2009 • • New Business continued 128614 Reggie Schmitt/Welper Page 7 to instruct Superintendent of Central Garage to prepare bid documents, specifications, form of contract, etc. in conjunction with Purchase of One 12" Flood Control Pump, two 6" Flood Control Pumps and fourteen 4" Flood Control Pumps, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 128615 Reggie Schmitt/Welper that bid documents, specifications, form of contract, etc. in conjunction with Purchase of One 12" Flood Control Pump, two 6" Flood Control Pumps and fourteen 4" Flood Control Pumps, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 128616 - Reggie Schmitt/Welper that "Resolution preliminarily approving bid documents, specifications, form of contract, etc. in conjunction with above described purchase", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-150. 128617 - Reggie Schmitt/Welper that "Resolution setting date of hearing on bid documents, specifications, form of contract, etc. as March 9, 2009 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-151. 128618 - Reggie Schmitt/Welper that the council adjourn to Executive Session at 6:07 p.m. Ayes: Six. Absent: Getty. Motion carried. 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) and labor negotiation strategy is an approved topic of Executive Session pursuant to Iowa Code Section 20.17(3)(2009). EXECUTIVE SESSION 128619 - Reggie Schmitt/Cole that the council adjourn Executive Session at 7:12 p.m. Ayes: Six. Absent: Getty. Motion carried. ADJOURNMENT 128620 - Reggie Schmitt/Welper that the Council adjourn at 7:12 p.m. Ayes: Six. Absent: Getty. Motion carried. Nancy`L'ckert, CMC City Clerk