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HomeMy WebLinkAboutMinutes-05/11/2009• • May 11, 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, May 11, 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: Noel Anderson, Community Planning & Development Director. 129011 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, May 11, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 129012 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 4, 2009, at 5:30 p.m. and Special Session on Thursday, April 23, 2009, at 8:15 a.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Presentation by Tracye Redd and Diane Neebel on Elevate Program and first Annual Graduation Party on May 15, 2009. Mayor Hurley read a Proclamation declaring May 10-16, 2009 as National Police Week. CONSENT AGENDA 129013 - 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. 1-59, dated May 11, 2009, in the amount of $3,186,908.54, 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. 2009-408. 2. Communication from City Engineer transmitting request of Wayne Snell for a waiver for a concrete driveway to be located at 1154 Williston Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2009-409. b. Motion to approve the following: 1. Michelle Weidner, Chief Financial Officer, to attend Iowa Governmental Audits Local Government Update in Cedar Rapids, Iowa on May 28, 2009, with costs not to exceed $345.00, including use of city vehicle. 2. Shannon Farlow, Development/Marketing Director, to attend Dana Hines on Membership Development Conference at Urbandale, Iowa on May 11-12, 2009, with costs not to exceed $295.00. 3. Wendy Drinovsky, Data Systems Manager; and Rose Davis, Clerk I; to attend Shield Spring User Training in Johnston, Iowa on May 12-14, 2009, with costs not to exceed $545.00, including use of city vehicle. c. Liquor License Permit Application Class E Five Star Snacks & More, 315 Fletcher Avenue (Renewal) (Expires 6/2/10) (Includes Sunday Sales) d. Wine License Permit Application Class B Five Star Snacks & More, 315 Fletcher Avenue (Renewal) (Expires 6/2/10) (Includes Sunday Sales) Hwy 63 Diner, 3030 Marnie Avenue (New) (Expires 6/1/10) (Includes Sunday Sales) May 11, 2009 Page 2 Consent Agenda continued e. Beer License Permit Application Class C Five Star Snacks & More, 315 Fletcher Avenue (Renewal) (Expires 6/2/10) (Includes Sunday Sales) f. Liquor License Permit Application Class B Ramada Inn, 205 West 4th Street (Renewal) (Expires 4/30/10) (Includes Sunday Sales) g. Beer License Permit Application Class C Metro 66, 3201 West 4th Street (Renewal) (Expires 6/30/10) (Includes Sunday Sales) h. Beer/Liquor License Permit Application Class C Five Sullivan Brothers Convention Center, 200 West 4th Street (Renewal) (Expires 4/30/10) (Includes Sunday Sales) Time Sports Bar and Grill, 213 East 5th Street (Renewal) (Expires 5/12/10) (Includes Sunday Sales) Waterloo Expo Services Corporation, 317 West 3rd Street (New) (Expires 5/25/10) (Includes Sunday Sales) Southtown Lounge, 2026 Bopp Street (Renewal) (Expires 6/7/10) (Includes Sunday Sales) Hwy 63 Diner, 3030 Marnie Avenue (New) (Expires 6/1/10) (Includes Sunday Sales) Barneys, 501 West 4th Street (New) (Expires 5/14/10) (Includes Sunday Sales) i. Outdoor Service Area Application Waterloo Expo Services Corporation, 317 West 3rd Street j. Vehicle for Hire Business License Application First Call, 1773 Independence Avenue k. Bonds. Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS & BIDS 129014 - Steve Schmitt/Welper that proof of publication of notice of public hearing on Parking Access and Revenue Management System (PARMS), as published in the Waterloo Courier on April 24, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129015 - 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: Six. Absent: Greenwood. Motion carried. 129016 - Steve Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Parking Access and Revenue Management System (PARMS)", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-410. 129017 - Steve Schmitt/Welper that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-411. • • • May 11, 2009 Hearings & Bids continued Page 3 129018 - Steve Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Bond Bid Amount Access Control Technologies, Des Moines, IA 5% $373,791.00 Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 129019 - Getty/Hart that proof of publication of notice of public hearing on Amendment to FY 2009 Consolidated Plan One -Year Action Plan, as published in the Waterloo Courier on May 5, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129020 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Rudy Jones, Community Development Director, explained that the city being an entitlement city received additional funds from HUD to address homelessness and part of the process is to have a public hearing. Mayor Hurley noted that the Community Development Board allocated the amount in this manner. Getty/Hart that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129021 - Getty/Hart that "Resolution approving said amendment", be adopted and Mayor authorized to submit same to U.S. Department of Housing and Urban Development. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-412. UNFINISHED BUSINESS 129022 - Steve Schmitt/Welper that communication from Airport Director transmitting recommendation of award of contract in the amount of $4,885,341.60 to K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa, in conjunction with Rehabilitation of Runway 18-36 at Waterloo Regional Airport, be received, placed on file and "Resolution approving award of said contract", be adopted, subject to receipt of FAA grant funding. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-413. 129023 - Steve Schmitt/Welper that communication from Superintendent of Streets transmitting recommendation of award of contract to Flint Hills Resources, LP for the products of HFMS-2S at $1.9191 per gallon ($15,659.86) and CRS -2P at $2.1691 per gallon ($75,951.03) and award of contract to Bituminous Materials & Supply for the products of CSS1- Dilute at $1.00 per gallon ($15,000.00) and HFE-300 at $2.00 per gallon ($10,000.00) for a total bid not to exceed $150,000.00 in conjunction with Oiling/Seal Coating and Crack Sealing Program, be received, placed on file and "Resolution approving award of said contracts", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-414. May 11, 2009 Unfinished Business continued 129024 - Steve Schmitt/Welper Page 4 that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $1,571,037.57 to Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2009 Economic Stimulus Overlay, Contract No. 758, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-415. DOCUMENTS 129025 - Steve Schmitt/Welper that communication from Associate Engineer transmitting Change Order No. 11 for a net increase in the amount of $76,763.81 for work performed by Cedar Valley Corp. of Waterloo, Iowa in conjunction with F.Y. 2007 Recreational Trail - Cedar Bend to Mullan Avenue, Contract No. 714, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. 129026 - Welper/Reggie Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Cedar Valley Corp. Of Waterloo, Iowa at a total cost of $824,588.08 in conjunction with F.Y. 2007 Recreational Trail - Cedar Bend to Mullan Avenue, Contract No. 714, 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. 2009-416. 129027 - Welper/Reggie Schmitt that communication from Airport Director transmitting agreement with Iowa Department of Transportation for Fiscal Year 2009 Commercial Service Vertical Infrastructure Program grant in the amount of $106,181.00, with no required city match, to be used for new entrance door for Livingston Aviation, hangar repairs, new hangar doors, windows and sealing roofs, 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. 2009-417. 129028 - Welper/Reggie Schmitt that communication from Airport Director transmitting one-year lease agreement with Waterloo Implement for 72" side discharge riding mower at a cost of $3,950.00 and 20' flex wing rotary cutter at a cost of $3,000.00, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-418. 129029 - Welper/Reggie Schmitt that communication from Police Chief transmitting renewal of insurance through PDCM for the Tri -County Drug Enforcement Task Force at a cost of $5,872.21, be received, placed on file and "Resolution approving said renewal", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-419. 129030 - Reggie Schmitt/Welper that communication from Chief Financial Officer transmitting agreements with Berens -Tate Consulting Group to complete arbitrage calculations for 2004A General Obligation Bond issue and 2004A Sewer Revenue Refunding Bond issue at a cost of $3,000.00 to $5,000.00 plus expenses for each bond issue, 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. 2009-420. • • • • May 11, 2009 Page 5 Documents continued 129031 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $1,571,037.57 with Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2009 Economic Stimulus Overlay, Contract No. 758, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-421. 129032 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources for F.Y. 2009 West Shaulis Road, Contract No. 759, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-422. 129033 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting agreement with Chicago, Central & Pacific Railroad and Iowa Department of Transportation for installation of 12" LED flashing light signals and gate arms at the railroad crossing on North Evans Road at an approximate cost of $175,000.00, with no city match, 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. 2009-423. 129034 - Cole/Reggie Schmitt that communication from Associate Engineer transmitting agreement with Chicago, Central & Pacific Railroad and Iowa Department of Transportation for installation of 12" LED flashing light signals, additional sidelights and gate arms at the railroad crossing on Osage Road at an approximate cost of $175,000.00, with no city match, 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. 2009-424. 129035 - Cole/Reggie Schmitt that communication from Associate Engineer transmitting agreement with Chicago, Central & Pacific Railroad and Iowa Department of Transportation for installation of 12" LED flashing light signals, additional sidelights and gate arms at the railroad crossing on Wagner Road at an approximate cost of $175,000.00, with no city match, 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. 2009-425. 129036 - Cole/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $142,886.00 with Service Roofing of Waterloo, Iowa in conjunction with Center For The Arts 2009 Roofing Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-426. May 11, 2009 Page 6 Documents continued 129037 - Cole/Reggie Schmitt that communication from Airport Director transmitting application with Federal Aviation Administration for grant in the amount of $3,590,000.00, with no required local match, to be used for Runway 18/36 Rehabilitation Project, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-427. 129038 - Getty/Hart that communication from Associate Engineer transmitting Right of Entry Agreement with Union Pacific Railroad to use city property at the end of East 7th Street for repairs to railroad bridge, 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 he and council members received a letter from Bruce Buxton, General Manager of Farmers Cooperative Company, and also a note from Dan Sabin, President of Iowa Northern Railroad, encouraging council to pass this agreement. Councilperson Getty asked if this is the last agreement that they need in order to get started to repair the railroad bridge. Mayor Hurley responded he believes this is the last item they need to get them through the levee and out to the bridge. Dan Sabin noted that having this bridge out is costing them about $800,000.00 to $1 million a month, and they appreciate any efforts mayor and council do to help them restore service. 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. 2009-428. 129039 - Getty/Hart that communication from Superintendent of Traffic Operations transmitting recommendation of acceptance of work performed by KWS Electric of Cedar Falls, Iowa at a total cost of $12,247.00 in conjunction with Traffic Safety Improvements, Sign Installation and Pavement Markings at West 4th Street and Allen, CS -TSF -8155(699)-85-07, 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. 2009-429. 129040 - Getty/Hart that communication from Director of Cultural & Arts Commission transmitting application with Silos and Smokestacks National Heritage Area for grant in the amount of $8,500.00, with required 50 percent match, for support of Public Art in downtown Waterloo, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-430. RESOLUTIONS TO BE ADOPTED 129041 - Hart/Reggie Schmitt that "Resolution ordering flags on all city facilities to be flown at half-staff on May 14, 2009 for Peace Officers Memorial Day", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-431. • • • • May 11, 2009 Page 7 Resolutions to be Adopted continued 129042 - Hart/Reggie Schmitt that "Resolution setting date of hearing as May 26, 2009 at 5:30 p.m. in City Hall Council Chambers on amendments to FYE2009 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-432. 129043 - Hart/Reggie Schmitt that communication from Mayor Hurley transmitting request for discretionary hotel/motel funds in the amount of $20,000.00 to WESCO for startup funding, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt noted that during the work sessions on the public market, and he knows council are all in support of the public market and the whole concept and its going to be a great project once it gets up and gets rolling, but there were questions about where some of the funding is coming from for some of the start ups. Councilperson Steve Schmitt stated he thought at that time the funding was coming from WDC. Councilperson Steve Schmitt asked now that we have a manager in place can we assume this will be the end of the surprises or this may happen more often because this is all a work in progress. Mayor Hurley responded he does not expect this to happen frequently if at all again. The whole Expo project, while we have been at it for three years, came upon us pretty fast. It wasn't programmed in the Riverfront Renaissance. We got some CAT grant money for it. WDC did contribute mildly to that project as did the City of Waterloo. We did get the cart before the horse. We had a structure before we had a manager, and we had a manager before we had liquidity, first year cash flow. What has been going on the last couple of weeks has been simply to catch-up. It was not intended that WDC would pay, that was one of the potential sources. Mayor Hurley stated he has scrambled in the last five days looking at the hotel/motel tax and at some line items in different budgets. The Convention & Visitors Bureau returned a small amount from an unused grant, which can be used, and we talked about pre -paying some events down the line. Mayor Hurley noted we already have money accumulated for next year's discretionary so we are sliding that fiscal year, but we need the commitment now as the My Waterloo Days are two weeks away. We have to get the dram shop, the liquor license, and liability insurance. Going forward if there are funding needs, we would expect this Expo Public Market to be self sustaining. Mayor Hurley stated using the discretionary hotel/motel funds for a $4.5 million system that brings all kinds of outside people to our community is what the hotel/motel tax is about. 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. 2009-433. 129044 - Hart/Reggie Schmitt that "Resolution allowing temporary parking on the north side of Oleson Road back 150 feet east of the intersection with Hammond Avenue until construction is completed", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-434. ORAL PRESENTATIONS 129045 - Natalie Sugira, Community Recovery Liaison, reported she has been assigned as community liaison for the Rebuild Iowa Office. Ms. Sugira noted that she is here for any concerns or challenges or any information that staff or officials want communicated to the Rebuild Iowa Office. Mayor Hurley stated that the RIO website is keeping a calendar of commemorative events being held around the state for last year's May and June disasters. In Waterloo, immediately after the Saturday morning My Waterloo Days parade, there will be a free picnic at Lafayette Park, which was under water as were a lot of the homes in that neighborhood. We have a brand new park, brand new play equipment and expect 400-500 people. May 11, 2009 Page 8 Oral Presentations continued On June 12, 2009, which was probably the one year anniversary of the high water mark in Waterloo, Main Street Waterloo has their Friday'loo event downtown every two weeks and the theme for June 12 is "No More Floods". Mayor Hurley stated Waterloo appreciates the help from RIO and General Dartus. Ms. Sugira noted that Rebuild Iowa would be happy to do a presentation about RIO to the city council. Ms. Sugira stated that part of the reasons they have a calendar is Governor Culver and the General want them to get it to as many communities as possible. Ms. Sugira noted she cannot promise that Governor Culver or General Dartus will be here, but as far as she knows one of them will be available. Ms. Sugira stated to let her know which day the events are to be held and she will send that information to them. Mayor Hurley responded he communicated the schedule with Tina. Councilperson Steve Schmitt stated that the president of the company doing work at the Linden Avenue water tower had all kinds of nice things to say about our Fire Department, and he wanted to make sure they the Fire Department was recognized, and great job to Chief Carter and his staff. Councilperson Steve Schmitt stated that last Wednesday night he had the opportunity to go to a session at the Talk Shop Cafe on East 4th Street, which was attended by Councilperson Hart and David Meeks and a variety of other young professionals and a room full of young kids that, he thinks, are in some pretty challenged situations in their lives. Councilperson Steve Schmitt stated he was very impressed with the give and take that went on between the adults and the kids. Marvin Simpson and a number of folks that we have seen up in front of our cameras recently for a variety of things mentoring these young fellows and hopefully getting them on the right track. David Meeks, Executive Director of Human Rights Commission, stated the Young Men In Action program was a 24 week, 12 event series engaging young African American men in the community on a variety of topics to help them with the choices and decisions they make in their lives. Mr. Meeks thanked Councilpersons Hart and Steve Schmitt, city council members and Mayor Hurley for supporting their efforts, and they look forward to the fall to making it even more meaningful for these young men in the community. Getty/Cole that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 129046 - Getty/Cole that the Council adjourn at 6:15 p.m. Ayes: Six. Absent: Greenwood. Motion carried. (5714'lL4?; Nancy Eckert, CMC City Clerk •