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