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HomeMy WebLinkAboutMinutes-05/26/2009• • May 26, 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, May 26, 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: Councilperson Reggie Schmitt. 129104 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Tuesday, May 26, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 129105 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 18, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Mayor Hurley performed Swearing-in of Police Officer Kenneth E. Schaaf. Presentation by Robert Kipp. CONSENT AGENDA 129106 - 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. 1-60, dated May 26, 2009, in the amount of $13,758,264.17, 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. 2009-467. b. Motion to approve the following: 1. Kent Shankle, Curator, to pick up Dreaming Cows exhibition in Little Rock, Arkansas on June 16-18, 2009, with costs not to exceed $755.00, including use of city vehicle. 2. Cammie Scully, Waterloo Center For The Arts Director; Kent Shankle, Curator, to attend opening of the Mystical Imagination Exhibit in Washington, DC on June 10-14, 2009, with costs not to exceed $1,995.00. 3. Steve Gerberich, Artist, to travel to Waterloo, Iowa on May 30 - June 17, 2009 to disassemble, pack and ship Springs, Sprockets & Pulleys Exhibition, with costs not to exceed $1,905.00. 4. Thomas Schuster and Keith Rogers, Police Officers to attend GIS Training Class in Dubuque, Iowa on May 11-13, 2009, with costs not to exceed $302.00, including use of city vehicle. 5. Carole Fishback, Independent Contractor, to travel to Washington, DC on May 17-19, 2009, to photograph exhibition, with costs not to exceed $505.00. c. Beer License Permit Application Class B My Waterloo Days, 519 Mulberry Street (Lincoln Park) (New) (5/26/09 - 5/30/09) May 26, 2009 Page 2 Consent Agenda continued d. Beer License Permit Application Class C Target Store T-1792, 1501 E. Sunday Sales) A & S Petroleum, Inc., 127 (Includes Sunday Sales) 1214 Franklin San Marnan (Renewal) (Expires 6/27/10) Jefferson Street (Renewal) (Expires Street (Renewal) (Expires 7/21/10) Kwik Star #722, Sunday Sales) Kwik Star #723, Sunday Sales) Kwik Star #724, Sunday Sales) Kwik Star #732, Sunday Sales) Broadway Liquor, Sunday Sales) 707 1105 324 821 Broadway Street Cedar Bend Drive Fletcher Avenue Broadway Street (Renewal) (Renewal) (Renewal) (Renewal) (Expires (Expires (Expires (Expires 7/21/10) 7/21/10) 7/21/10) 6/30/10) (Includes 6/29/10) (Includes (Includes (Includes (Includes (Includes e. Liquor License Permit Application Class C Fanatics Sports Bar & Grille, Inc., 814 LaPorte Road (Renewal) (Expires 6/16/10) (Includes Sunday Sales) Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/13/10) (Includes Sunday Sales) f. Liquor License Permit Application Class E Target Store T-1792, 1501 E. San Marnan (Renewal) (Expires 6/27/10) (Includes Sunday Sales) Broadway Liquor, 821 Broadway Street (Renewal) (Expires 6/30/10) (Includes Sunday Sales) g. Wine License Permit Application Class B Target Store T-1792, 1501 E. San Marnan (Renewal) (Expires 6/27/10) Sunday Sales) A & S Petroleum, Inc., 127 Jefferson Street (Renewal) (Expires (Includes Sunday Sales) Broadway Liquor, 821 Broadway Street (Renewal) (Expires 6/30/10) Sunday Sales) (Includes 6/29/10) (Includes h. Outdoor Service Area Application My Waterloo Days, 519 Mulberry Street (Lincoln Park) (New) (5/26/09 - 5/30/09) Fanatics Sports Bar & Grille, Inc., 814 LaPorte Road (Renewal) (Expires 6/16/10) (Includes Sunday Sales) VFW Post #1623, 1406 Commercial Street (New) (Expires 1/14/10) i. Bonds. Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS & BIDS 129107 - Steve Schmitt/Welper that proof of publication of notice of public hearing on Janitorial Contract for City Hall, Carnegie Annex, Police Training Center & Memorial Hall, as published in the Waterloo Courier on May 8, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129108 - This being the time and place of public hearing, the Mayor and oral objections and there were none. Steve Schmitt/Welper called for written that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. • • • • May 26, 2009 Page 3 Hearings & Bids continued 129109 - Steve Schmitt/Welper that "Resolution confirming approval of Request for Proposals, form of contract, etc. in conjunction with Janitorial Contract for City Hall, Carnegie Annex, Police Training Center & Memorial Hall", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-468. 129110 - 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. 2009-469. 129111 - Steve Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bid Amount Bidder Bid Bond Per Month Detail Cleaning of Waterloo, Waterloo, IA $3,528.00 $5,880.00 ABM Janitorial Service, Waterloo, IA 5% $5,719.03 Diamond Shine, Cedar Rapids, IA $4,118.99 $6,864.98 Midwest Janitorial Service, Hiawatha, IA $3,444.86 $5,741.44 Ayes: Six. Absent: Greenwood. Motion carried. 129112 - Getty/Hart that proof of publication of notice of public hearing on Carpet Replacement for Human Resources Office and Carpet and Tile Replacement for Second Floor of City Hall, as published in the Waterloo Courier on May 8, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129113 - 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. 129114 - Getty/Hart that "Resolution confirming approval of bid documents, specifications, form of contract, etc. in conjunction with Carpet Replacement for Human Resources Office and Carpet and Tile Replacement for Second Floor of City Hall", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-470. 129115 - Getty/Hart 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. 2009-471. May 26, 2009 Page 4 Hearings & Bids continued 129116 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Floor Decor, Waterloo, IA $1,657.00 $33,140.00 Office Concepts, Waterloo, IA $2,680.98 $53,619.61 Tech Line, Waterloo, IA 5a $45,914.95 Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 129117 - Reggie Schmitt/Welper that proof of publication of notice of public hearing on amendments to FYE2009 Budget, as published in the Waterloo Courier on May 13, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129118 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Reggie Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 129119 - Reggie Schmitt/Welper that "Resolution approving said budget amendments", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-472. ASSESSMENT HEARING 129120 - Welper/Reggie Schmitt that proof of publication of notice of public hearing on F.Y. 2010 Sidewalk Inspection and Repair Program - Zone 9, as published in the Waterloo Courier on May 7 and May 14, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129121 - This being the time and place of public hearing, the Mayor called for written and oral objections. Dean Wagner, 1614 Logan Avenue, submitted a petition signed by his neighbors requesting a second look at the sidewalk project due to the fact that they are going to tear the highway up in 2010 which will include all of their sidewalks and put them at a monetary disadvantage. Mr. Wagner noted that he spoke to the engineer for the Highway 63 Project, and he said they are definitely going to tear it up in 2010. He also talked to MidAmerican Energy and they are putting gas line in his area, and they said they were going to wait until the highway project was done because they could not see doing work twice as that will all be torn up. Mr. Wagner stated he thinks we can do some minor repairs on those sidewalks and help the people out. Mr. Wagner explained that there are renter's names on the petition because if a property owner has to spend $1,000.00 for the sidewalk their rent is going to go up and those people don't need a rent adjustment. Mr. Wagner stated he is hoping the sidewalk inspector or engineer would go to their neighborhood and he would work with them to see if they can remedy this problem with a little less expense to the property owners. He has already talked to a number of neighbors. For instance, one had sod on the sidewalk, they were going to charge her to clean the sidewalk so they could inspect it, and she in turn cleaned the sidewalk. Her sidewalk looked great which irritated him because his was busted up to some degree. Mayor Hurley noted that Mr. Wagner alerted him that he was coming so he had a chance before the council meeting to touch base with council to alert them what this issue might be. Mayor Hurley stated if this were going to be done in 2010 he doesn't think there would be much of an issue here but we don't understand it that way. • • May 26, 2009 Page 5 Assessment Hearing continued Eric Thorson, City Engineer, stated that the project on Highway 63 is a joint City -DOT project. The DOT is buying right-of-way the remaining part of this year and 2010. In talking to the project manager at AECOM who is doing the design for the city and the DOT, his indications were that its tentatively scheduled for letting in 2011. Hopefully construction will get started that year, and it will probably continue into 2012 if its let in 2011. The contractor does have to build the traffic under traffic so they are not going to be able to tear everything up all at once and they are going to have to decide how they can build that and maintain traffic on the road at least one lane in each direction. At this point we don't really know for sure when these sidewalks would be removed but they definitely will be replaced at some point in the future. Its somewhere in the range of three to four years out. Mr. Wagner stated he talked to Mr. Lentz, the engineer on this project, and he was informed by Mr. Lentz that that the state bough the property kiddy corner from his house in the next block, and they are going to sell it and move it out by August 1, 2009. That will help out tax base instead of kill it, and Mr. Lentz said they are going to do the same south of the railroad tracks on the east side of 63. Mr. Wagner stated he talked to a woman yesterday who was getting her check today from the state and going to move her house. He thinks minor repairs can be made on the sidewalks to get by and not pay $1,000.00 on a sidewalk and then have it thrown away. Mayor Hurley stated the issue for the city is liability. We have inspected those sidewalks and we are on record saying they do not meet our specifications. If we were to leave them as is for one, two, three, or five years we have not only opened up the citizens of Waterloo but the residents of Logan Avenue in the 1500 - 1700 block to some liability issues. We have to be conscious of that and on the same hand we recognize how short term this looks. Councilperson Getty asked if this could wait a week to allow time for the city to contact the state to find out for sure if this is going to be done in 2010. Mr. Thorson stated if this is the only issue we may be able to delay it a week as long as we know that everything else is going to move ahead. Mr. Thorson stated he has Mr. Lentz's memo from the discussion with Mr. Wagner and it does say that construction is tentatively planned for the years 2011 and 2012 and noted that the schedules are subject to change. Mr. Thorson stated the city would like to start construction sooner, but there are 26 homes that have to be acquired, so there is a lot of work for the DOT to do. The DOT is working on that right now and a lot of them will be relocated and some will be leveled. Susan Potwin, 1634 Logan Avenue, stated she has some sidewalk that has to be replaced, but they are really not that bad and could wait. Ms. Potwin stated she feels we have a lot more pressing issues on Highway 63 than the sidewalks. She understands about the liability, but her sidewalks and others are not so bad that someone could get hurt. It also doesn't help when the IDOT throws all the salt because they don't have much room for the curbside. Ms. Potwin stated she is a single parent, and she believes that waiting three years is not going to hurt, its just a waste of taxpayers money. Toryia Hart stated that she received notice in the mail concerning the sidewalks for a lot that she thought she owned but the city at one time told her she lost it when she had surgery and was unable to pay the taxes. It says Howlrey and MacWilliams Addition lot 5 block 9, which was 506 Oneida which is her grandparent's property, but is just a lot now. Ms. Hart stated she filled out the block grant paperwork but she needs to know if she owns the property or not and who to talk to as far as finding out if she owns it. Mr. Thorson asked Ms. Hart to meet with his staff after the hearing to give them the pertinent information so they can help figure that out for her. Cole/Steve Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. May 26, 2009 Page 6 Assessment Hearing continued 129122 - Welper/Reggie Schmitt that "Resolution approving said proposed repairs to sidewalks", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated he would like to wait a week in order to contact the state and find out their intent because several people have been told that the process is starting to happen now with the buyouts, moving of houses, etc. If that is the case, he can't see that 12 months is going to hurt anything to leave it like it is until they are done. Mayor Hurley stated that there is activity going on in that area, but its property acquisition and right-of-way acquisition process and some homes are being moved. There is a lot of work to be done. The sidewalk would not be torn up for probably three years minimum. Councilperson Reggie Schmitt stated that by ordinance the adjacent property owner is responsible for the sidewalk. We have ten zones, and this zone was last looked at ten years ago. These sidewalks did not go bad over night, and if they are going to be there for the next three years we need to do something because of the liability issue. With everything that is going on with Highway 63 somehow on a non -precedent setting basis we need to come up with a plan for these blocks in particular. That the city meets the property owners half way or the city does something because we need to abate the liability at the same time because the property owners are responsible by ordinance. We need to make an exception and it needs to be a non -precedent setting exception that we help these property owners out because it is going to be ripped up. Mayor Hurley stated that is whathe would encourage council to do, but he cannot sit here as the chief executive of the city and let the liability issue continue. So maybe we use the week to not only get better information from the DOT but also to brainstorm in some ways that is non -precedent setting and we participate in some way with the property owners. Let them know what all their options are. One option is to have it assessed against the taxes. The figures folks received from the city are probably the worst case, so using $900.00 if we went out and did that in a private sector and if everybody got the same contractor its probably one-third less than that. Councilperson Hart stated he is in agreement with Councilman Reggie Schmitt. Lets try to do what we can to meet them part of the way. Councilperson Hart stated he has four questions, with the first one being how much assessment monies were collected from last year's zone; the second one is when was this particular zone last assessed, which Councilman Reggie Schmitt indicated was ten years ago. The third question is how did engineering let those know that they may be eligible for assistance. The last question is given this economy why did we decide to do this right now. Mayor Hurley stated in answer to why did we decide to do this now, we have ten zones in the city. There was a day when the city didn't pay any attention to sidewalks, and we had law suits, we had accidents and we had injuries. In the state of Iowa because of the engineering department and planning and others under the leadership of Eric Thorson we have gone from worst to first in terms of our sidewalk program. We divided the city into ten equal zones. So that is the answer, it wasn't an economic question its just one of calendar. Eric Thorson, City Engineer, stated the last time this zone was inspected was in the spring of 1997 so its been a little bit more than ten years. This is definitely an old area of the city and there were a lot of repairs that were required that year. It was a very large block grant sidewalk contract that year. The block grant helped pay for some of the assessments and also it was a very large assessment contract. It could not all get done in a on- year period so that was actually done over two years. That is why it was inspected in 1997, twelve years ago. The amount assessed in that zone 12 years ago was $307,826.60 so that was the assessment contact. The block grant contract was over $208,000.00 so there was over a half million dollars in repairs that were done in 1997 to 1998, and that doesn't include what homeowners contracted themselves. It was probably the biggest zone we worked with. This year doing it for the second time around its not nearly that large. As far as the money that was collected last year, it was about $42,051.00 but you have to remember that comes in from all the zones not just zone 8. The assessments are spread out depending upon the amount from one to ten years. For instance, if your assessment is from 0 to $100.00 you get one year to pay it. • • • • May 26, 2009 Page 7 Assessment Hearing continued If its from $100.01 to $250.00 you get three years, and it goes all the way up and if its over $700.00 you get 10 years. Anyone who doesn't do the work themselves and its assessed, they have an opportunity under the assessment period to pay all or none of their assessments. Whatever remains is then certified to be collected with the taxes. What comes in each year is a combination of several zones, and it could go back as far as ten years that we are still collecting money from the zone 10 years ago. That money pays back the city. The city pays the cost up front and then we assess it. So when those assessment dollars come back that is how the city gets paid back. Councilperson Reggie Schmitt asked if the property owners have already gotten notice of the worst case if we let all of these blocks and specifically go to the assessment program so that they are done by the same contractor, we can get them done for two thirds of that. If we split that with the current property owners they would be looking at maybe one third of what they saw as a bill. Mr. Thorson responded it depends on the bids we receive, but it would not be quite a third less. One of the reasons that the number the city sends them is higher than what a property owner can get it done by a contractor is that state code says we have to include all costs such as administration, publication, the clerk's costs, etc. If the citizen goes with the contractor, they can avoid all that overhead. We have to include all the overhead in the assessment program so it probably would not be one-third. Councilperson Reggie Schmitt stated but if we have all of these individual property owners in these specific blocks go ahead and hire a contractor on their own and we wanted to meet them half way we would spend just as much in all of our administrative cost to try to figure all of that out. Mr. Thorson stated there are probably two ways. If the property owners are willing to try to get one contractor to do it all and get some quotes we maybe could participate. We would have to do a little checking on our financial policies on how we would do that. The other way would be to let everything go into the assessment program and decide how much the city wants to contribute to reduce those assessments. Councilperson Hart asked what type of process does the city have to help some of those resident who can't afford to do the sidewalks. Mr. Thorson stated the notice that went out to the property owners telling them what repairs they have to make, what the timelines are, what the processes are included a sheet from the Community Development office about the Block Gant Program that should have been a colored sheet, so it should have been obvious in the packet of information that the folks received from the city. That they need to fill that out, get that back to the Community Development office and then they will review and determine eligibility for block grant funds to reduce the assessments. That was included in every notice, everyone that we sent out got one of those sheets. Councilperson Welper stated he sees this as a common sense issue, and that its a moot point even discussing repairing this sidewalk. Councilperson Welper stated he understands and agrees with the gentleman that we repair this at the minimal amount of repair needed so that we don't end up getting sued and so the people remain safe. We repaired East 4th Street with asphalt to get us by until we tore up 4th Street. We had asphalt on curbs to get us by so we wouldn't be sued for someone getting hurt, and he doesn't know why we can't do that here. Councilperson Steve Schmitt asked what the total amount for this particular stretch of road that we are talking about. Mr. Thorson responded there are eleven properties involved from 1510 to 1740 Logan Avenue ranging from a high of $2,827.00 to $142.00, with a total $76,601.67. Mr. Thorson noted the property with repairs costing $2,827.00 is a commercial property and the rest are residential ranging from $140.00 up to $908.00. Councilperson Steve Schmitt asked if there is a lesser way of doing this, whether its asphalt or whether its fencing off certain stretches. Mr. Thorson stated a number of staff people have looked at this, and they don't believe that this is the kind of sidewalk that you can repair by other methods. Its very old, its crumbling, and the problem is it has a lot of surface deterioration, and it is very hard to do anything else with other than replace. May 26, 2009 Page 8 Assessment Hearing continued Councilperson Hart stated he does not see this as a mute point. People have questions about sidewalks being repaired. Some people may not think that they can afford it, some people may be able to afford it, it may not be a problem for other people but people have the right to ask those questions. To him its not a mute point, its a very valid question. Mayor Hurley commented that he didn't take the moot point comment as don't ask questions, but he thinks Councilperson Welper is saying we should leave it alone. Councilperson Hart responded he did not take it that way. Councilperson Getty stated he feels some of the problem is because when the state widen Highway 63 to four lanes, he doesn't think there are four homes in the area where a person can walk on the sidewalk in the wintertime, its just impossible. The state plows and the salt sits on their sidewalk until spring and that is part of the problem in that area and why the sidewalks are crumbled as much as they are. Getty/Reggie Schmitt that above item be tabled for one week. Ayes: Six. Absent: Greenwood. Motion carried. UNFINISHED BUSINESS 129123 - Steve Schmitt/Welper that communication from Superintendent of Central Garage transmitting recommendation of award of contract to Stivers Ford of Waukee, Iowa in the amount of $157,717.00 in conjunction with Purchase of Seven Current Model Year Police Cars, 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. 2009-473. DOCUMENTS 129124 - Steve Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting Supplemental Agreement No. 1 with AECOM Technical Services, Inc. at a cost of $93,500.00 for construction related services in conjunction with the Commercial Street Parking Ramp Repair, 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. 2009-474. 129125 - Steve Schmitt/Welper that communication from Assistant City Engineer transmitting Easement and Right - of -Way Agreement with Waterloo Community School District for cul-de-sac located in the 200 block of Spieker Road for street purposes, 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. 2009-475. 129126 - Steve Schmitt/Welper that communication from Association Engineer transmitting Amendment No. 2 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. 6th Street Storm Pump Station Improvements, Contract No. 716, 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. 2009-476. • • • • May 26, 2009 Page 9 Documents continued 129127 - Welper/Reggie Schmitt that communication from Association Engineer transmitting Amendment No. 1 to agreement with Claassen Engineering at a cost of $42,000.00 for additional surveying and design engineering services in conjunction with F.Y. 2009 Northwest Interceptor - Black Hawk Creek to Highway 218, Contract No. 748, 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. 2009-477. 129128 - Welper/Reggie Schmitt that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with the Iowa Department of Natural Resources in conjunction with F.Y. 2010 New Road Off of Airline Highway, Contract No. 767, 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. 2009-478. 129129 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting Professional Services Agreement with Main Street Waterloo at a cost of $30,000.00 for FY 2009 and $40,000.00 for FY 2010 to provide technical and professional services in conjunction with redevelopment of downtown Waterloo, 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. 2009-479. 129130 - Reggie Schmitt/Welper that communication from Airport Director transmitting agreement with Federal Aviation Administration for FAA grant in the amount of $2,094,000 for the Runway 18-36 Reconstruction Project, FAA AIP Project No. 3-19-0094-34 at the Waterloo Regional Airport, with 5 percent of the project being funded through Passenger Facility Charge (PFC) 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-480. 129131 - Reggie Schmitt/Welper that communication from Airport Director transmitting agreement with Federal Aviation Administration for FAA grant in the amount of $3,590,000 for the Runway 18-36 Reconstruction Project, FAA AIP Project No. 3-19-0094-35 at the Waterloo Regional Airport, with no required city match, 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. 2009-481. 129132 - Reggie Schmitt/Welper that communication from Airport Director transmitting Contracts, Bonds and Certificates of Insurance with K. Cunningham Construction of Cedar Falls, Iowa in conjunction with Runway 18-36 Reconstruction, FAA AIP Project Nos. 3-19-0094- 34 & 35, 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. 2009-482. May 26, 2009 Page 10 Documents continued 129133 - Cole/Steve Schmitt that communication from Police Chief transmitting Memorandum of Understanding with City of Cedar Falls and Black Hawk County for allocation of FY2009 Justice Assistance Grant (JAG) in the amount of $441,589.00 for funding of Tri -County Drug Task Force, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-483. 129134 - Cole/Steve Schmitt that communication from Community Planning & Development Director transmitting development agreement with Secor Investments, LLC for rehabilitation and construction of the existing 58,000 sq. ft. facility at 3215 Lafayette Street and approximately 20,000 sq. ft. in new buildings on the site, with new taxable value of $750,000.00, 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. Noel Anderson, Community Planning & Development Director, stated they are working on the development agreement with Secor Investments, LLC. They are still requesting council approve the agreement tonight, but there would be a minor change to the development agreement. They will be adding an additional reversion clause in case that the project did not go forward as planned. Another alternative to repay the grant would be the deeding of the six acres of vacant land which is a part of the parcel to the City of Waterloo. Its some standard reversion wording that the City Attorney's office would add into the development agreement. 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. 2009-484. RESOLUTIONS TO BE ADOPTED 129135 - Getty/Hart that "Resolution directing sale of $7,435,000.00 General Obligation Bonds, Series 2009A, $6,190,000.00 General Obligation Refunding Bonds, Series 2009B and $1,565,000.00 General Obligation Bonds, Taxable Series 2009C as June 2, 2009 at 4:30 p.m. in the First Floor Conference Room and approving electronic bidding procedures", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-485. NEW BUSINESS 129136 - Getty/Hart that communication from Superintendent of Streets transmitting recommendation of acceptance of bid from North American Salt Company at $69.24 per ton for a total cost of $415,440.00 for F.Y. 2010 Snow and Ice Control Program, be received, placed on file and "Resolution approving said bid", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-486. 129137 - Hart/Cole that communication from Community Development Director transmitting to the Fiscal Year 2009 Consolidated Plan One -Year Action Plan, placed on file and "Resolution setting date of hearing as June 1, p.m. in the City Hall Council Chambers on the above described adopted and City Clerk instructed to publish notice of same. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-487. • • 2nd Amendment be received, 2009, at 5:30 request", be Ayes: Six. • • May 26, 2009 Page 11 New Business continued 129138 - Hart/Cole that communication from Community Planning & Development Director transmitting Development Agreement with Dr. Sundaram of Avita Properties to sell and convey property generally located at 301 Ralston Road for $28,930.00, be received, placed on file and "Resolution setting date of hearing as June 8, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-488. ADJOURNMENT 129139 - Getty/Cole that the Council adjourn at 6:36 carried. p.m. Ayes: Six. Absent: Greenwood. Motion Nancy Eckert, CMC City Clerk