Loading...
HomeMy WebLinkAboutMinutes-07/06/2009• July 6, 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, July 6, 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: Harold Getty, Ward 3 Council Member. 129363 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, July 6, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 129364 - Reggie Schmitt/Steve Schmitt that the Minutes, as amended, for the Regular Session on Monday, June 22, 2009, at 5:30 p.m. and Special Session on Monday, June 29, 2009, at 8:00 a.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring the month of July 2009 as Recreation and Parks Month. Presentation by Mickeye Johnson on Waterloo Homecoming Reunion on August 6-9, 2009. CONSENT AGENDA 129365 - Reggie Schmitt/Steve Schmitt 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. 1-31, dated July 6, 2009, in the amount of $2,037,027.16, 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. 2009-625. 2. Communication from City Engineer transmitting request of Gary Knudson to use colored sealer on sidewalk and approach at 1944 Kitty Hawk Drive, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2009-626. 3. Communication from Police Chief transmitting request of Lou Porter to hold KBBG-FM 32nd Annual Parade on August 15, 2009 starting at 10:00 a.m., with route to start at Gates Park on Lester & 4th Streets, then south on Linn to Newell Street, turn right onto Newell Street, left to East 4th Street to Sumner Street, left onto Mobile Street and end at KBBG radio station on the corner of Mobile and Newell Streets. Resolution adopted and upon approval by Mayor assigned No. 2009-627. 4. Communication from Police Chief transmitting request of the Cedar Valley Irish Cultural Association to hold 3rd annual Iowa Irish Fest on July 31 - August 2, 2009, including closing the following streets from 1:00 p.m. July 31 through 4:00 p.m. August 2, 2009: 4th Street from Franklin to Lafayette, Mulberry Street will be half closed from Park to just past Morg's with Morg's parking lot being accessible (Lincoln Park will be closed), Mulberry Street will be fully closed from Morg's to approximately halfway down the 600 block of Mulberry Street to the first alley. Resolution adopted and upon approval by Mayor assigned No. 2009-628. b. Beer License Permit Application Class C Hy -Vee Gas, 1512 Flammang Drive (Renewal) (Expires 8/26/10)(Includes Sunday Sales) Five Star Snacks & Liquor, 437 Sullivan (Renewal) (Expires 7/21/10) (Includes Sunday Sales) July 6, 2009 Page 2 Consent Agenda continued c. Liquor License Permit Application Class E Five Star Snacks & Liquor, 437 Sullivan (Renewal) (Expires 7/21/10) (Includes Sunday Sales) d. Wine License Permit Application Class B Five Star Snacks & Liquor, 437 Sullivan (Renewal) (Expires 7/21/10) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/28/10) The Drunken Monkey, 307 West 4th Street (Renewal) (Expires 6/30/10) (Includes Sunday Sales) Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/16/10) Maple Lanes Bowling Center, 2608 University Avenue (Expires 7/9/10) (Includes Sunday Sales) Cadillac Lanes, 650 LaPorte Road (Renewal) (Expires 7/22/10) (Includes Sunday Sales) BJ's Bar and Billiards, 110 Ida Street (Renewal) (Expires 7/29/10) (Includes Sunday Sales) f. Outdoor Service Area Application Cadillac Lanes, 650 LaPorte Road BJ's Bar and Billiards, 110 Ida Street g. Second Hand Goods Dealers License Application Game Crazy, 1511 East San Marnan Drive Get Gold Cash, Inc., Allen Hospital, 1825 Logan Avenue on July 7-9, 2009 h. Cigarette/Tobacco Permit Application Thirteen (13) Ayes: Seven. Motion carried. HEARINGS & BIDS 129366 - Steve Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2010 Geraldine Road, Contract No. 767, as published in the Waterloo Courier on June 26, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129367 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Seven. Motion carried. 129368 - Steve Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Geraldine Road, Contract No. 767", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-629. 129369 Steve Schmitt/Welper that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-630. • 1 • • July 6, 2009 Hearings & Bids continued 129370 - Steve Schmitt/Welper Page 3 to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount Baker Concrete & Excavating, Clermont, IA 5% $292,138.18 Cedar Valley Corp., Waterloo, IA 5% $239,329.67 Cunningham Construction Inc., Cedar Falls, IA 5% $210,161.20 Peterson Contractors, Inc., Reinbeck, IA 5% $216,500.00 Stickfort Construction Corporation, Cedar Falls, IA 5% $213,737.25 Vieth Construction Corp., Cedar Falls, IA 5% $245,129.30 Ayes: Seven. Motion carried. 129371 - Getty/Cole that proof of publication of notice of public hearing on 2009 Gates Park Pro Shop Reroofing, as published in the Waterloo Courier on June 17, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129372 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed. Ayes: Seven. Motion carried. 129373 - Getty/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2009 Gates Park Pro Shop Reroofing", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-631. 129374 - Getty/Cole that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-632. 129375 - Getty/Cole to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Bid Amount Pries Roofing, La Porte City, IA 5% $79,830.00 Service Roofing, Waterloo, IA 5% $104,082.00 Ayes: Seven. Motion carried. HEARINGS 129376 Welper/Reggie Schmitt that proof of publication of notice of public hearing on Amendment No. 2 to the Rath Urban Renewal and Redevelopment Plan to include industrial areas generally located along Lafayette Street and Dubuque Road from the existing Rath Urban Renewal area, east to the city limits, as published in the Waterloo Courier on June 26, 2009, be received and placed on file. Ayes: Seven. Motion carried. July 6, 2009 Hearings continued Page 4 129377 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Reggie Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 129378 - Welper/Reggie Schmitt that "Resolution adopting said Amendment No. 2 to the Plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-633. 129379 - Welper/Reggie Schmitt that "an Ordinance amending Ordinance No. 3749 providing that general taxes levied and collected each year on all property located within Urban Renewal and Redevelopment Area of the City of Waterloo, County Hawk, State of Iowa, by and for the benefit of the State of Iowa, Waterloo, County of Black Hawk, Waterloo taxing districts, be paid to a special interest on loans, monies advanced to and or to be issued, incurred by said city in Industrial Area", be received, placed on first time. Ayes: Seven. Motion carried. 129380 Welper/Reggie Schmitt property the Rath of Black City of Community School District, and other fund for payment of principal and indebtedness, including bonds issued connection with the amended Northeast file, considered and passed for the that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 129381 - Welper/Reggie Schmitt that "an Ordinance amending Ordinance No. 3749 providing that general property taxes levied and collected each year on all property located within the Rath Urban Renewal and Redevelopment Area of the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Northeast Industrial Area", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4949. 129382 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on Waterloo/Cedar Falls HOME Consortium FY2010-FY2014 Five -Year Consolidated Plan and FY2010 One -Year Action Plan for Community Development Block Grant and HOME Program Funds, as published in the Waterloo Courier on June 26, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129383 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Steve Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 129384 - Greenwood/Steve Schmitt that "Resolution approving said plans and authorizing submission to U.S. Department of Housing and Urban Development", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-634. • • • • July 6, 2009 Page 5 UNFINISHED BUSINESS 129385 - Hart/Steve Schmitt that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $166,455.11 to Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2009 U.S. 63/218 Sidewalk and Median Improvements, Contract No. 757, 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. 2009-635. 129386 - Hart/Steve Schmitt that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $1,191,614.95 to Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2009 West Shaulis Road, Contract No. 759, 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. 2009-636. PETITIONS FROM PUBLIC 129387 Hart/Steve Schmitt that communication from City Planner transmitting request of Contemporary Urban Development to rezone from "R-2" One and Two Family Residence District to "C -P" Planned Commercial District approximately 0.66 acres of property generally located north of the northeast corner of Idaho Street and Martin Luther King Jr. Drive for potential commercial development, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 20, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-637. DOCUMENTS 129388 - Hart/Steve Schmitt that communication from Contracts and Grants Coordinator transmitting Change Order No. 1 for a net increase in the amount $2,750.00 for work to be performed by Advanced Environmental of Waterloo, Iowa in conjunction with Asbestos Removal Rath Administration Building, Contract No. 131 -AR -09 -2 -08 -GO, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 129389 - Hart/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting Change Order No. 3 for a net increase in the amount of $6,171.00 for work to be performed by Failor Hurley Construction of Hudson, Iowa in conjunction with 2008 Stone Replacement for Waterloo Public Library, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 129390 - Getty/Welper that communication from Fire Chief transmitting Completion of Project and Recommendation of Acceptance of Work performed by C & J Construction of Cedar Falls, Iowa at a total cost of $52,031.80 in conjunction with Haz-Mat Fire Training Center 8" Water Main Extension, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-638. July 6, 2009 Page 6 Documents continued 129391 - Getty/Welper that communication from City Clerk transmitting renewal of general and auto liability, law enforcement, public officials, errors and omissions, and umbrella insurance with St. Paul Travelers Insurance for a premium of $615,043.00 and renewal of property insurance with Chubb for a premium of $169,767.00 for a total premium of $784,810, together with recommendation of approval of Insurance Committee, be received, placed on file and "Resolution approving renewal of said insurance policies", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-639. 129392 - Getty/Welper that communication from City Clerk transmitting one-year renewal agreement for Third Party Administration with Alternative Service Concepts at a cost not to exceed $25,000.00, plus bill review, to provide administrative and claims services for self-funded work comp insurance and two-year renewal agreement with Safety National Casualty at a cost not to exceed $91,000.00 per year to provide stop loss coverage, 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. 2009-640. 129393 - Getty/Welper that communication from Community Development Director transmitting amendment to 2007 Environmental Protection Agency Lead Grant to extend Lead Grant budget and project period for one year from July 31, 2009 to July 31, 2010, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-641. 129394 - Getty/Welper that communication from Police Chief transmitting agreement with Department of Justice Crime Victim Assistance Division for a Federal Violence Against Women grant in the amount of $34,480.00, with required local match of $11,494.00, to apply towards funding of the Domestic Abuse Response Team (DART) program, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-642. 129395 - Cole/Reggie Schmitt that communication from Planner II transmitting request of Stephen Ury for tax exemptions on improvements totaling $15,243.00 for property located at 1325 Wallgate Avenue located in the Consolidated Urban Revitalization Area Plan, 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. 2009-643. 129396 - Cole/Reggie Schmitt that communication from Planner II transmitting request of Douglas and Lori Otto for tax exemptions on improvements totaling $130,000.00 for property located at 604 Gilbert Street located in the Consolidated Urban Revitalization Area Plan, 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. 2009-644. • • • • July 6, 2009 Page 7 Documents continued 129397 - Cole/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting agreement with ABM Janitorial Services of Waterloo, Iowa at a cost of $5,719.03 per month in conjunction with Cleaning Contract for City Hall, Carnegie Annex, Police Training Center and Memorial Hall, 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. Mayor Hurley noted that the Chief Financial Officer caught a statement in the contract this morning that Lou Cutwright followed up on. Its paragraph number 5, Adjustments for Wages and Fringe Benefits. The way its written if their bargaining units have a change anytime during the three years of the contract, they could raise our prices. ABM Janitorial has agreed to remove that sentence from the contract, so the contract Mayor Hurley signs will not have that language in it. 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. 2009-645. 129398 - Cole/Reggie Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with AECOM of Waterloo, Iowa at a cost of $23,500.00 for the design of repairs to the Cedar Prairie Trail Bridge, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-646. 129399 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting Development Agreement with LaForge LLC for construction of a new 15,500 sq. ft. facility at the southeast corner of Airline Highway and the proposed Geraldine Road with new taxable value of $1.8 million, including city economic grant in the amount of $214,400.00 for purchase of property, and 50 percent tax rebates for eight years, 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. 2009-647. 129400 - Reggie Schmitt/Steve Schmitt that communication from Community Planning & Development Director transmitting Easement Agreement with Qwest Corporation for a utility easement generally located along the north side of West Ridgeway Avenue between Deere Road and Martin Road to provide telephone and internet services for new development in the Greenbelt Centre Business Park, 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. 2009-648. 129401 - Reggie Schmitt/Steve Schmitt that communication from Community Planning & Development Director transmitting agreement with Iowa Department of Economic Development for Brownfield forgivable loan in the amount of $215,000.00 for continued work on demolition of dilapidated structures at the former Chamberlain site, 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. July 6, 2009 Page 8 Documents continued Noel Anderson, Community Planning & Development Director, stated that the city is continuing to work on the Chamberlain site. We have taken down a lot of the buildings to the southern end that were the most dangerous in terms of they had wooden roofs, etc. We are moving into the office areas. The Community Development Department has been working through various aspects of what is required for the environmental review for HUD. The city received HUD funding in the amount of $343,000.00, EPA funding in the amount of $200,000.00 and state Brownfields money in the amount of $215,000.00. Once we get through all of the environmental review steps, the city will be able to move forward on the design aspects of asbestos removal and more demolition. 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. 2009-649. 129402 - Reggie Schmitt/Steve Schmitt that communication from Associate Engineer transmitting Notice of Discontinuation of Storm Water Discharge covered under Iowa NPDES General Permit 2 with the Iowa Department of Natural Resources in conjunction with F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-650. 129403 - Reggie Schmitt/Steve Schmitt that communication from Community Planning & Development Director transmitting Development Agreement with Veteran Enterprises, Ltd. for construction of new 14,800 sq. ft. facility across from the new Tyson Foods entrance on North Elk Run Road, with a new taxable value of $1.5 million in Phase I and an additional value of $850,000.00 in Phases II and III, with tax rebates at 50 percent for five years for each phase, 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. 2009-651. 129404 - Reggie Schmitt/Steve Schmitt that communication from Community Development Director transmitting application with Iowa Finance Authority for Disaster Housing Assistance funding in the amount of $520,000.00, with no local match, for State Jumpstart 3 Program to assist approximately 20 homeowners with up to $25,000.00 needed assistance for flood recovery, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-652. 129405 - Reggie Schmitt/Steve Schmitt that communication from Community Planning & Development Director transmitting application with Iowa Department of Community Development Block Grant for Infrastructure for Disaster Recovery funding to use for funding of lift stations in the Blowers Creek area, Vinton Street area, Dry Run Creek area, Virden Creek area and Westfield area, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-653. • • • • July 6, 2009 Page 9 RESOLUTIONS TO BE ADOPTED 129406 - Welper/Reggie Schmitt that "Resolution rescinding Resolution No. 2009-594 and adopt new resolution to transfer the sum of $8,165,000.00 from Trust & Agency Fund to General Fund to reimburse the General Fund for employee benefits", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-654. 129407 - Welper/Reggie Schmitt that "Resolution approving an advance of funds not to exceed $32,000.00 for repayment from the Northeast Site Urban Renewal Tax Increment Fund to pay contracted services with Greater Cedar Valley Alliance for fiscal year ending June 30, 2010 and direct filing of Certification under Iowa Code Section 403.19", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-655. 129408 - Welper/Reggie Schmitt that "Resolution approving an advance of funds not to exceed $32,000.00 for repayment from the Airport Urban Renewal Tax Increment Revenue Fund to pay contracted services with Greater Cedar Valley Alliance for fiscal year ending June 30, 2010 and direct filing of Certification under Iowa Code Section 403.19", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-656. 129409 - Welper/Reggie Schmitt that "Resolution approving an advance of funds not to exceed $40,000.00 for repayment from the Downtown Urban Renewal Tax Increment Revenue fund to pay contracted services with Main Street Waterloo for fiscal year ending June 30, 2010 and direct filing of Certification under Iowa Code Section 403.19", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-657. 129410 - Welper/Reggie Schmitt that communication from Mayor Tim Hurley transmitting request for FYE10 council hotel/motel discretionary funds in the amount of $2,000.00 to pay for 20 hours of Gator EMT team coverage for the July 31 -August 2, 2009 Irish Fest in the Lincoln Park area, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-658. 129411 - Welper/Reggie Schmitt that communication from Superintendent of Traffic Operations transmitting request for temporary parking on the south side of the 100 block of South Street due to Mullan Avenue Reconstruction Project, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-659. NEW BUSINESS 129412 - Steve Schmitt/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,828.52 for work performed by the Water Works at 516 Iowa Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-660. July 6, 2009 Page 10 New Business continued 129413 Steve Schmitt/Welper that communication from General request to certify the amount of at 533 Conger Street, together Waterloo Water Works Trustees, Manager of Waterloo Water Works transmitting $2,523.00 for work performed by the Water Works with recommendation of approval of Board of be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-661. 129414 - Steve Schmitt/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,776.00 for work performed by the Water Works at 261 Alta Vista Avenue, together with recommendation of approval of Board of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-662. 129415 - Steve Schmitt/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,593.50 for work performed by the Water Works at 540 Ash Street, together with recommendation of approval of Board of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-663. 129416 Steve Schmitt/Welper that communication from Superintendent of Traffic Operations request to set date of hearing on award of bid in the amount of Brown Traffic Products of Davenport, Iowa for purchase of signal Easton & West 11th Street and Hammond Avenue & West 11th Street, placed on file and "Resolution setting date of hearing as July 20, p.m. in the City Hall Council Chambers on the above described adopted and City Clerk instructed to publish notice of same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2009-664. 129417 - Steve Schmitt/Welper transmitting $33,370.00 to equipment for be received, 2009, at 5:30 request", be Seven. that communication from City Planner transmitting request to rezone from "R -3,R - P" Planned Residence District to "C -P" Planned Commercial District approximately 1.47 aces generally located at the northeast corner of Idaho Street and Martin Luther King Jr. Drive for potential commercial development, together with recommendation of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 20, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-665. 129418 - Greenwood/Cole to instruct Leisure Services Director to prepare plans, specifications, contract, etc. in conjunction with 2009 Tibbits Baseball Complex Project, be received, placed on file and approved. Ayes: Seven. carried. 129419 - Greenwood/Cole form of Fencing Motion that plans, specifications, form of contract, etc. in conjunction with 2009 Tibbits Baseball Complex Fencing Project, be received and placed on file. Ayes: Seven. Motion carried. • • • • July 6, 2009 New Business continued 129420 - Greenwood/Steve Schmitt Page 11 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. 2009-666. 129421 - Greenwood/Steve Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as July 20, 2009 at 5:30 p.m. in the City Hall Council Chambers and taking 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. 2009-667. 129422 - Greenwood/Cole to instruct Contracts and Grants Coordinator to prepare plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 164 -D -GO -07-27-09 (Rath Maintenance Building, 97 Vinton Street), be received, placed on file and approved. Ayes: Seven. Motion carried. 129423 Greenwood/Cole that plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 164 -D -GO -07-27-09 (Rath Maintenance Building, 97 Vinton Street), be received and placed on file. Ayes: Seven. Motion carried. 129424 - Greenwood/Steve 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. 2009-668 129425 - Greenwood/Steve Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as July 20, 2009 at 5:30 p.m. in the City Hall Council Chambers and taking 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. 2009-669. 129426 - Greenwood/Cole to instruct Contracts and Grants Coordinator to prepare plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 163 -D -GO -07-20-09 (1017 Mobile, 1331 Mulberry, 1015 Fairview, 706 Cottage, 528 N. Barclay, 332 Irving, and 509 Adams), be received, placed on file and approved. Ayes: Seven. Motion carried. 129427 - Greenwood/Cole that plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 163 -D -GO -07-20-09 (1017 Mobile, 1331 Mulberry, 1015 Fairview, 706 Cottage, 528 N. Barclay, 332 Irving, and 509 Adams), be received and placed on file. Ayes: Seven. Motion carried. 129428 - Greenwood/Steve 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. 2009-670. July 6, 2009 New Business continued 129429 - Greenwood/Steve Schmitt Page 12 that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as July 20, 2009 at 5:30 p.m. in the City Hall Council Chambers and taking 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. 2009-671. ORAL PRESENTATIONS 129430 - Arlin McNeal, 2253 East 4th Street, distributed pictures of the Chamberlain recycling site. Mr. McNeal stated he took the pictures last night and drove by again tonight and its even worse tonight than last night. Mr. McNeal asked why can't the city get a transfer station. We have property that nobody wants. The old CMC plant would work perfect for a transfer station. All you would have to do is dig and make a dock where you could back in trailers to haul it to the landfill. We would save the city's fuel cost and wear and tear on the trucks. We could get something like Cedar Falls instead of having this stuff going on constantly. Mr. McNeal stated its not only the Chamberlain site, its all over town where we have these recycling stations. Mayor Hurley stated the city has dealt with this area before and cleaning it up. Mayor Hurley stated he would entertain shutting it down. Mayor Hurley stated there is a task force looking at a transfer station for the city, which Councilperson Welper is a member. Mayor Hurley asked if we succeed in having a transfer station, will that remove all the various neighborhood drop-off sites. Councilperson Welper responded if and when we do build the transfer station those sites probably will remain. We are just hoping that the illegal dumping will stop or at least slow down when the transfer station is built. Councilperson Welper reported they the group has had about four or five meetings and right now they are looking at different locations as to where to build the transfer station. Mr. McNeal stated he feels it would make more sense to have a transfer station. We have a place to take our yard waste, why can't we get up to date like Cedar Falls as it seems to him that they are further ahead of Waterloo. Mr. McNeal stated the city would save money on diesel fuel, wear and tear on the garbage trucks, and he thinks the transfer station would pay for itself. Mayor Hurley stated he appreciates Mr. McNeal's comments, but he would defend our own city in that comparison. We have multitude of neighborhood drop offs for recycling, we have a tree brush and yard waste drop off, we have ample opportunities on size of garbage can and recycling can, and we have lower rates. Councilperson Getty submitted a request and petition from Cheryl Miller who obtained several hundred signatures of residents in the area who are concerned that the bicycle trail in the Cedar Bend area used to take care of the kids from Lincoln School. Now that Lincoln School has moved they don't have any way to ride their bikes on the trail to get to school or to get back home safe. There is a small extension that they would like to ask be added from the trail around on top of the dike over to Donald Street. Councilperson Getty stated he read in the paper a few days ago that Sturgis Falls was a wonderful event, that they had financial success, and he wondered how My Waterloo Days came out. Councilperson Getty stated he understands it was great. There were a lot of people downtown, the activity was great, and it went over just as well. Councilperson Getty asked if we are going to receive a financial report on it. Mayor Hurley stated he asked Jay Stoddard essentially the same questions, and he answered in the positive, but he just hasn't had time to wrap it all up. Mayor Hurley stated he will go through those who contracted with Mr. Stoddard to see if we can get some numbers. Reggie Schmitt/Cole that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. • • • • July 6, 2009 129431 - Reggie Schmitt/Welper Page 13 that the council adjourn to Executive Session at 6:30 p.m. Ayes: Seven. 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) . EXECUTIVE SESSION 129432 - Reggie Schmitt/Cole that the council adjourn Executive Session at 6:47 p.m. Ayes: Seven. Motion carried. 129433 - Noel Anderson, Community Planning & Development Director, stated there was one item on the One Year Action Plan for Community Development of options that talks about the actual budget and the mediation of monetary amounts of different activities. One of those involved was discussion about restoring the Housing Partnership Coordinator position to a full time position. That would involve moving $23,000.00 out of emergency repairs into the housing department Home Environment budget. James Walsh, City Attorney, asked if it is related to what is on the agenda. Nancy Eckert, City Clerk, stated she feels there might be a problem since we held the hearing, closed the hearing, approved the plan and now its almost like we are behind close doors approving something different. Mr. Walsh stated he was going to suggest that if its related to the items that are on the agenda, its germane. It would have to be handled as a separate issue. You can't revote that one. Somebody makes a motion to amend the plan as part of that item and if you want to approve it you approve it. Mr. Walsh stated he agrees that its not as nice as having that mentioned during the hearing, but if its got to be done then do your best. Councilperson Cole stated she has trouble operating in a non -open meeting situation. This is an open meeting, but the public doesn't know it. Mayor Hurley asked if it is strictly a matter of recognizing recording that shift in the fund. Michelle Weidner, Chief Financial Officer, responded yes, and she thinks they have to do it. Ms. Eckert asked if that could be done as a separate item on next week's agenda. Councilperson Cole agreed that it should come back to council next week. Ms. Weidner stated that she believes if its not approved tonight, it would require a new hearing. Rudy Jones, Community Development Director, stated that its a matter of Donna Lesyshen going back to full time, and there is another route which has $110,000.00 available under the New Construction Program which will eliminate reviewing the whole activity. Mayor Hurley stated we will go into next week with some sort of plan. Mayor Hurley stated he will work with staff tomorrow and spell it out for the council. We will either adjust the budget or go for the long term. Councilperson Cole now absent at 6:50 p.m. Councilperson Hart stated he would like some sort of communication because it delineates from the previous recommendation of the subcommittee. This is not what was agreed upon by three liaison council members and the board members, and now we are asked to make a change from the previous recommendation. Mr. Jones stated the new Construction Activity gives Community Development $110,000.00, which is up to $5,000.00 per unit and which will be used to pay part of Ms. Lesyshen's salary. July 6, 2009 Page 14 Executive Session continued Reggie Schmitt/Steve Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 129434 - Reggie Schmitt/Steve Schmitt that the Council adjourn at 6:54 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy kert, CMC City Clerk • •