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HomeMy WebLinkAboutMinutes-01/20/2009• • January 20, 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 Tuesday, 'January 20, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Steve Schmitt, Welper, Reggie Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Brad Hagen, Airport Director. 128428 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Tuesday, January 20, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 128429 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 12, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 128430 - Reggie Schmitt/Steve Schmitt met that the following items on the 'corisei4iagenda 'be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-64, dated January 20, 2009, in the amount of $2,347,465.47, 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. 2009-25. b. Motion to approve the following: 1. Richard Olson, Maintenance Foreman; and Paul Hursh, Maintenance Mechanic; to attend Backflow Recertification Training in Waterloo, Iowa on January 22, 2009, with costs not to exceed $250.00, including use of city vehicle. 2. Steve Gerberich, Visiting Artists, to host Springs, Sprockets & Pulleys Exhibit on January 15-17, 2009, with costs not to exceed $974.00. 3. Michelle Weidner, Chief Financial Officer, to travel with Cedar Valley Coalition Group to meet With Congressional Delegation Members in Washington, DC on March 1-3,, 2, 009,,:, with costs not to exceed $1,700.00. 4. Cammie Scully, Director of Cultural & Arts Commission; and Kent Shankle, Curator; to travel to Mexico City and Oaxaca for art collection on February 14-28, 2009, with costsYnot to exceed $5,422.00. c. Wine License Permit Application Class B Kmart, 3810 University Avenue (Renewal) (Expires 2/28/10) (Includes Sunday Sales) d. Beer License Permit Application Class C Kmart, 3810 University Avenue (Renewal) (Expires 2/28/10) (Includes Sunday Sales) Elite Liquor, 1309 Lafayette Street (Renewal) (Expires 1/14/10) (Includes Sunday Sales) e. Beer License Permit Application Class B Cedar Valley Fish Market, Inc., 218 Division Street (Renewal) (Expires 1/25/10) January 20, 2009 Page 2 Consent Agenda continued f. Liquor License Permit Application Class E Elite Liquor, 1309 Lafayette Street (Renewal) (Expires 1/14/10) Sunday Sales) g. Sunday Sales Application Steamboat Gardens, 1740 Falls Avenue (1/18/09 - 6/13/09) (Includes Ayes: Six, with Councilperson Steve Schmitt abstaining on PV in the amount of $85.00 and PV in the amount of $575.00 for work performed by Schmitt Telecom Partners. Absent: Greenwood. Motion carried. HEARINGS & BIDS 128431 - Getty/Hart that proof of publication of notice of public hearing on General Obligation Bond Demolition Project, Contract No. 162 -D -GO -01-20-09, as published in the Waterloo Courier on January 5, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 128432 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 128433 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 162 -D -GO -01-20-09", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval'by-Mayor'assigned No. 2009-26. 128434 - Getty/Hart that "Resolution authorizing to proceed. in conjunction adopted. Ayes: Six. Absent: Greenwood. with above Resolution adopted and upon approval by Mayor assigned No. 2009-27. 128435 - Getty/Hart project", be to receive, file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review: Bidder Kayser Plumbing & Heating Lehman Trucking & Excavating Stickfort Construction Corp. D.W. Zinser Co., Inc. Ayes: Six. Absent: Greenwood. " Mot On'carriod. UNFINISHED BUSINESS 128436 Steve Schmitt/Welper Bid Bond $3,737.37 5% 5% 5% Bid Amount $74,747.50 $76,450.00 $49,425.00 $64,020.00 that communication from Fire Chief transmitting recommendation contract in the amount of $117,320.00 to Emergency Vehicles Sales in conjunction with Purchase of Ambulance, be received, placed "Resolution approving award of said contract", be adopted. Ayes: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-28. • • of award of and Services on file and Six. Absent: • • January 20, 2009 DOCUMENTS 128437 - Hart/Reggie Schmitt Page 3 that communication from Associate Engineer transmitting Change Order No. 1 for a net decrease of $4,181.00 for work performed by Kucera International Incorporated in conjunction with Digital Terrain Model, 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. Mayor Hurley noted that if we execute both the change order and the amendment, the city will have a satisfactory Digital Terrain Model. Eric Thorson, City Engineer, responded that is correct. Councilperson Hart stated as he was reading through this its just that some schematics were wrong in one place or another and threw off the final product. The liable entity agreed to chip in X amount of dollars to make sure we get it right and get what we need. Mr. Thorson stated that the accuracy of the data wasn't quite there. The city hired Dan Corbin Inc. to check the accuracy and discovered that it wasn't. Staff went back to Kucera, and they sai.d,.that 'they would correct it, but we said we want to check it again and we shoi dn' t have to pay to have it checked the second time since it was their mistake. Kucera agreed to lower their price by the amount that we paid Dan Corbin to check it again, so it didn't cost the city anymore, but we got the accurate data. Mayor Hurley noted that Kucera will correct the accuracy and the city won't have to pay Corbin a second time. Mr. Thorson responded that is correct as Kucera is reducing their price in order to pay Dan Corbin the second time. Following comments a vote was taken "on the above motion with the following result. Ayes: Six. Absent: Greenwood. Motion carried. 128438 - Hart/Reggie Schmitt that communication from Associate Engineer transmitting Amendment No. 1 to the agreement with Dan Corbin, Inc. at a cost of $4,181.00 for additional testing of the digital terrain model, be received, -placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-29. 128439 - Hart/Reggie Schmitt that communication from Airport Direrc 6 transmitting Completion of Project and Recommendation of Acceptance of' Workrperformed by Logan Construction Company, Inc. of Metamora, Illinois at a total cost of $126,700.00 in conjunction with Replacement of T -Hangar Doors Project, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-30. 128440 - Cole/Hart that communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with AECOM Technical Services, Inc. at an estimated cost of $19,500.00 for design and construction inspection services for a Pedestrian Access Plan to provide pedestrian access from Exceptional Persons Institution located in the North Star Building on the north side of University Avenue, east of Greenhill Road, 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. Councilperson Steve Schmitt stated that council talked about this just a little bit at the Thursday morning's agenda,,,apd he asked if we were able to determine the timing of this project versus the;'redoing of, University Avenue. January 20, 2009 Documents continued Louis Cutwright, Building Official/Maintenance Administrator, stated that the building where North Star is located is owned by the North Star Corporation, and they look after those who are disabled within the community, training them. The reason we went forward with this project with AECOM is because the study of the whole University corridor is in effect, and meetings are being held right now. In order to roll this project in to make that access from the existing North Star Building to the Exceptional Persons building located in the Deery Center, it was necessary to start this flowingnand'the. ADA Commission agreed to expend their funds for that direction. -.9 Page 4 Councilperson Steve Schmitt asked if this would be part of the whole redevelopment of University Avenue. Mr. Cutwright replied that is correct. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-31. 128441 - Cole/Hart that communication from Association Engineer transmitting Amendment No. 1 to agreement with Claassen Engineering at a cost of $18,000.00 for additional surveying and design engineering services in conjunction with F.Y. 2009 E. 6"' Street Storm Pump Station Improvements., Contract No. 716, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: 'Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-32. 128442 - Cole/Hart that communication from Planner II tzat3srtitting request of Surface Solutions for tax exemptions on improvements tot'a'liri4 r$lbb, 000.00 for property located at 323 LaPorte Road located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hair County Assessor of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-33. 128443 - Welper/Reggie Schmitt that communication from City Planner transmitting application with the Iowa Homeland Security and Emergency Management Division for Hazard Mitigation Grant Program 1763 Structural Acquisition funds to acquire on a voluntary basis structures damaged or destroyed during 2008 Floods, with 15 percent local share, and designate City Planner as authorized representative, be received, placed on file and "Resolution approving said application and authorized representative", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-34. 128444 - Welper/Reggie Schmitt that communication from Community DeyeI4'mezi't`'Director transmitting application with the Iowa Department of ' E'conLbic Development for CDBG Neighborhood Stabilization Program funds in the amotirit of $850,570.00, be received, placed on file and "Resolution approving said application", 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 Welper noted he wanted to make sure that citizens understand that this is not federal block grant money, its state block grant money, and they really can't apply for these dollars. Rudy Jones, Community Development Director, stated that they are a pass through from the federal government to the state. What the federal government occasionally does is pass funds through the state entitling the cities to apply for those funds. This is in response to the foreclosure crisis that we have had this past year. Upon the federal government approving the state's budget and action plan, we should receive a response from them and prepare our own over the next 30 days or so. • January 20, 2009 Documents continued Mayor Hurley commented that this is new funding, this is not funding out of the approximate $1.9 million we receive for housing renovation, roof repairs and that sort of thing. Mr. Jones replied this is new money but it could be used for similar activities such as a financing mechanisms, acquisition, rehab/repair, new developments. There will be some similar activities, but its primarily geared toward homes that have been foreclosed upon or abandoned. Mayor Hurley noted that this is sort of like a very formal notice of interest. If the city does receive funding, Mr. Jones will be back to council with specific contracts/resolutions. Mr. Jones stated that once the state ,has their budget and action plan approved by the federal government, they in turn will contact the city and we can start the same. Page 5 Councilperson Welper noted that citizens do need to call the city and ask how to acquire this money because that is not this program. Mr. Jones replied this is a different program. Following comments a vote was taken bn the above motion with the following results. Ayes: Six. Absent: Greenwood'. Resolution adopted and upon approval by Mayor assigned No. 2009-35. 128445 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting Development Agreement with Walgreen Co. for construction of a 14,736 sq. ft. pharmacy building generally located on, the southeast corner of Donald Street and Highway 63, with $1.5 million value and tax rebates for six years at 100 percent, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-36. 128446 - Getty/Hart that communication from Community Planning & Development Director transmitting an amendment to the CAT grant for the Expo Grounds and Public Market Building to extend the project completion date to November 30, 2009, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, tna following comments were heard. Councilperson Steve Schmitt asked ther'f.eson for the delay. Noel Anderson, Community Planning & Development Director, explained that primarily the floods caused us to be off the site for some time and then back on the site and cleanup. There were some other unexpected delays in working with the downtown area. They ran into some underground foundations and that put it a little behind schedule, but it was primarily the floods. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-37. RESOLUTIONS TO BE ADOPTED 128447 - Getty/Hart that "Resolution dedicating land generally located along Ridgeway Avenue and Martin Road for right-of-way purposes and rescinding Resolution No. 2004-218 in its entirety", be adopted. Ayes: Six.'"Absent: Greenwood. Resolution adopted and upon approval`byMayor assigned No. 2009-38. January 20, 2009 NEW BUSINESS Page 6 128448 - Reggie Schmitt/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Asphalt Overlay Program, Contract No. 754, be received, placed on file and approved.' Ayes: Six. Absent: Greenwood. Motion carried. 128449 - Reggie Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Asphalt Overlay Program, Contract No. 754, be received and placed on file. Ayes: Six. Absent: Greenwood. Motioncarried. 128450 - Reggie Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-39. 128451 - Reggie Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as February 9, 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-40. ORAL PRESENTATIONS 128452 - Councilperson Steve Schmitt stated that' a few weeks ago there was discussion about funding for the Youth Pavilion 'at Crossroads Center, and there were some questions asked that night that could';not to be answered, but Cammie Scully has since answered those questions. • 'That led to some other discussions. Councilperson Getty talked to Mayor Hurley about the casino money and the tax reduction, not tax relief but tax reduction. Councilperson Steve Schmitt stated he appreciated all the documentation that Mayor Hurley gave to council a few weeks ago about the amount of money the city has received from the Isle of Capri. Councilperson Steve Schmitt stated he thinks Councilperson Getty and he talked to some of the same people and he thinks maybe there was misunderstanding. Councilperson Steve Schmitt stated it might just be a matter of schematics, but he thinks some people had it in their minds that the money from Isle of Capri was going to lower taxes that a citizen pays to the City of Waterloo. Some folks thought that was part of the presentation when they voted for the Isle of Capri. Councilperson Steve Schmitt stated he understands there is inflation, the levy fluctuates and a variety of different things fluctuate with what goes on in Des Moines. Councilperson Steve Schmitt stated he went to the court house and picked five different houses from some folks he knows in various parts of Waterloo on Colby Road, Progress Avenue, East 4th Street, Foulk Road in Cedar Terrace and Prospect Boulevard. Over the last five years while there was occasionally a tax reduction, in what those citizens paid to the City of Waterloo, by and large there was a tax increase, and he thinks that was the gist of the conversation that Councilperson Getty and he have had with some of these folks is that was the thought and„he'just wanted to make that point. We certainly appreciate all the money that'the city receives from the Isle of Capri and the hotel/motel tax and all those' types of income, but there is that issue that as we continue to do what we_do.'the taxes keep going up. Councilperson Steve Schmitt stated that the city has been at the maximum tax rate for eight or ten years. Mayor Hurley stated that with the formal agreements and a couple of years of discussion was always the term tax relief. Maybe we could all do a better job of informing/educating people what that'means. It doesn't necessarily mean just lower taxes, it means maintaining or improving services, and it means keeping the levy rate from going up more than it would. Mayor Hurley stated the fact is this body has reduced the tax levy rate three out of the last four years, so when citizens have higher taxes its not because of what the city is doing, its because of what happens with their assessment, valuations and that sort of thing. 41. January 20, 2009 Oral Presentations continued Mayor Hurley noted that the citizens did not vote for the Isle of Capri. There was a referendum on whether we wanted to have gaming in this community, and the community said yes by a 70 percent plus margin. Once that happened, the state took it from there, and of all of the other communities that wanted to have gaming, they choose Black Hawk County;. • At that point, the three entities all vied for the license and they did it with the Gaming Commission, not with this council or anyone else. It was the Gaming Commission who awarded the license to Isle of Capri. Mayor Hurley noted that the city has been maxed out on the 8.10 levy for a long time, and we do a balancing act to stay legal. That is why everything we do we try to be conscious of protecting that 8.10 levy. Mayor Hurley stated the fact is in three out of the last four years, we have lowered the tax levy rate. Mayor Hurley noted the city does not control assessments, market valuations or some of the other things that input to that. Mayor Hurley stated we need to take our sense and understanding of things and pass it onto the citizens. The ideal of several million dollars coming in to city coffers by different methods, the ideal would be happy days that we were going to actually lower their taxes and that is what we are trying to do. Mayor Hurley stated that those interested in having lower taxes, they are typically and very frequently the same people who don't want their services cut. Councilperson Getty stated he talked with Mayor Hurley and then Mayor Hurley gave a presentation to the council about the revenue and tax relief. Councilperson Getty stated what he 'has, --tried to explain to people is that so many of these projects, such as the -new turf out at the stadium, the sign, all these different projects that we do, had it not been for grants and money from the Gaming Commission and the casino, the city would have had to pay for these projects out of our general fund. Page 7 Mayor Hurley stated he thinks the`=Waterloo Courier put that well in an editorial. Mayor Hurley stated it is a big if, and that is where citizens could look at us because policies and expenditures that he proposes or staff proposes and council votes upon, they could say if you just said no we are not going to do Riverfront Stadium. Its a city -owned asset, we could let it go to hell in so many words but council has chosen not 'to do that. Mayor Hurley stated it is entirely debatable, but if we don't do a lot of the amenities that we have spent Isle money on, or save four jobs in the Police Department and four jobs in the Fire Department, would we be the kind of city that an Isle would want to come to or any business resident, or retail. Mayor Hurley stated its open to conjecture, everybody has an opinion, he has his and he respects those of others. Councilperson Reggie Schmitt stated-, he' thinks that part of the misconception comes from when council members say `°t h't we' have maxed out our tax rate for a decade, but that is not true. The 8.10' levy has been maxed out. Councilperson Reggie Schmitt stated that we have lowered the levy rate three out of the last four years. Councilperson Reggie ScYimit.t stated it is what is said and how its interpreted: relief, tax reduction, maxed out, tax rates, its how its said. Councilperson Cole stated she thinks nobody likes to pay taxes, she doesn't like to pay taxes and both Mayor Hurley and Councilperson Reggie Schmitt who live where they do pay a lot of taxes and to a certain extent that is their choice. She thinks it just depends on where the tax money is going. Everyone has what they believe is important, and she thinks there are probably some citizens in our community who think that maybe we should shut down all of our parks and she thinks that that would be a terrible mistake. Councilperson Cole stated she thinks probably there are some who think the Isle of Capri money should be divided among households and they should get a check for $1.98 every year. Councilperson Cole stated she thinks that we are on the right course, we have done great things in terms of lowering the levy, and she anticipates that we will be able to do that again. Mayor Hurley stated that a goal of his is to lower the levy. stated what citizens think is important and oftentimes where the tension comes, it really equates to policy decisions made by officials, and those are the things that could be arguable, how we revenues. All seven council members and staff are all trying to thing, but we have chosen a policy' arrdp"a�th, and every two years fir?,. a chance to change that. Mayor Hurley argument and the elected direct these do the best citizens get January 20, 2009 Page 8 Oral Presentations continued Getty/Cole that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 128453 - Reggie Schmitt/Cole that the council adjourn to Executive Session at 6:03 p.m. Ayes: Six. Absent: Greenwood. Motion carried. City Attorney Jim Walsh stated that labor negotiation strategy is an approved topic of Executive Session pursuant to Iowa Code Section 20.17(3)(2007). EXECUTIVE SESSION 128454 - Reggie Schmitt/Cole that the council adjourn Executive Session at 7:05 Greenwood. Motion carried. ADJOURNMENT p.m. Ayes: Six. Absent: 128455 - Reggie Schmitt/Welper that the Council adjourn at 7:05 p.m. Ayes: Six. Absent: Greenwood. Motion carried. qejtQjL" 'Nancy Eckert, CMC City Clerk