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HomeMy WebLinkAboutMinutes-11/16/2009• • November 16, 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, November 16, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Getty, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Cole, Hart. Moment of Silence. Pledge of Allegiance: Steve Decker, Superintendent of Streets. 130208 - Reggie Schmitt/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, November 16, 2009, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole, Hart. Motion carried. 130209 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 9, 2009, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole, Hart. Motion carried. Mayor Hurley performed a Swearing -In of the following Firefighters: David Meiser and Chris Linder. CONSENT AGENDA 130210 - 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. 1-75, dated November 16, 2009, in the amount of $1,031,129.51, 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. 2009-1119. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting appointment of Steve Trost to the Design Review Board. 2. Communication from Mayor Hurley transmitting appointment of Dustin Whitehead to the Planning, Programming and Zoning Commission. 3. Michelle Weidner, Chief Financial Officer, to attend Government Finance Officers Association Webcast annual Governmental GAAP Update in Waterloo, Iowa on November 5, 2009, with costs not to exceed $180.00. 4. Chris Western, Planner II/Brownfield Coordinator to attend 2009 Brownfield Annual Conference in New Orleans, Louisiana on November 16-18, 2009, with costs not to exceed $1,805.00. c. Cigarette/Tobacco Permit License Application Small Mart, 1913 Bourland Avenue Ayes: Five. Absent: Cole, Hart. Motion carried. HEARINGS & BIDS 130211 - Getty/Steve Schmitt that proof of publication of notice of public hearing on sale and conveyance of city -owned property generally located at the southeast corner of Greenhill Road and University Avenue, north of 1015 South Hackett Road, as published in the Waterloo Courier on November 6, 2009, be received and placed on file. Ayes: Five. Absent: Cole, Hart. Motion carried. November 16, 2009 Hearings & Bids continued Page 2 130212 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Steve Schmitt that the hearing be closed. Ayes: Five. Absent: Cole, Hart. Motion carried. 130213 - Getty/Steve Schmitt that "Resolution confirming approval of Requests for Proposal Documents in conjunction with sale and conveyance of city -owned property generally located at the southeast corner of Greenhill Road and University Avenue, north of 1015 South Hackett Road", be adopted. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1120. 130214 - Getty/Steve Schmitt that "Resolution authorizing to proceed in conjunction with above sale and conveyance", be adopted. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1121. 130215 - Getty/Steve Schmitt to receive, file and instruct Deputy City Clerk to open and read proposals and refer to Community Planning & Development Director for review: Bidder Lockard Development, Inc., Cedar Falls, IA Earnest Fee Bid Amount $1,000.00 $61,007.00 Ayes: Five. Absent: Cole, Hart. Motion carried. HEARINGS 130216 - Steve Schmitt/Reggie Schmitt that proof of publication of notice of public hearing on request of First Judicial District Department of Correctional Services to sell and convey for $1.00 a portion of Elm Street right-of-way generally located between Lafayette and Mulberry Streets to accommodate for parking space for the proposed women's correctional facility, as published in the Waterloo Courier on November 6, 2009, be received and placed on file. Ayes: Five. Absent: Cole, Hart. Motion carried. 130217 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Reggie Schmitt that the hearing be closed and recommendation of approval of Building and Grounds Committee be received and placed on file. Ayes: Five. Absent: Cole, Hart. Motion carried. 130218 - Steve Schmitt/Reggie Schmitt that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1122. 130219 - Reggie Schmitt/Greenwood that proof of publication of notice of public hearing on request of First Judicial District Department of Correctional Services to sell and convey for $100,000.00 Lot 1 of the Human Services Campus Addition generally located at the corner of Elm and Lafayette Streets for the proposed women's correctional facility, as published in the Waterloo Courier on November 6, 2009, be received and placed on file. Ayes: Five. Absent: Cole, Hart. Motion carried. • • November 16, 2009 Page 3 Hearings continued 130220 - 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 and recommendation of approval of Building and Grounds Committee be received and placed on file. Ayes: Five. Absent: Cole, Hart. Motion carried. 130221 - Reggie Schmitt/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1123. 130222 - Welper/Reggie Schmitt that proof of publication of notice of public hearing on request of Operation Threshold to sell and convey for $1.00 Lots 2 and 3 of the Human Services Campus Addition generally located at the corner of Elm and Lafayette Streets for their proposed office building, as published in the Waterloo Courier on November 6, 2009, be received and placed on file. Ayes: Five. Absent: Cole, Hart. Motion carried. 130223 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Steve Schmitt that the hearing be closed and recommendation of approval of Building and Grounds Committee be received and placed on file. Ayes: Five. Absent: Cole, Hart. Motion carried. 130224 - Welper/Steve Schmitt that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1124. UNFINISHED BUSINESS 130225 - Greenwood/Steve Schmitt that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $79,999.00 to D.W. Zinser Co., Inc. of Walford, Iowa in conjunction with General Obligation Bond Demolition Project, Contract No. 170 -D -GO -11-09-09, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1125. 130226 - Greenwood/Steve Schmitt that communication from City Planner transmitting recommendation of award of primary contract in the maximum amount of $10,000.00 to McRae Appraisals, Inc. of Cedar Falls, Iowa in conjunction with Appraisal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received, placed on file and "Resolution approving award of said contract", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1126. November 16, 2009 Page 4 Unfinished Business continued 130227 - Greenwood/Steve Schmitt that communication from City Planner transmitting recommendation of award of secondary contract in the maximum amount of $5,000.00 to Rally Appraisal, L.L.C. of Cedar Falls, Iowa in conjunction with Appraisal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received, placed on file and "Resolution approving award of said contract", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1127. 130228 - Greenwood/Steve Schmitt that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $468,113.89 to Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2010 Cedar Valley River Trail, Contract No. 734, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated that he would like to clarify where the trail is located. Eric Thorson, City Engineer, responded that it is the portage projects that provide the portages along the new dam in downtown. Mr. Thorson stated that there will be one upstream on Park Avenue, another between 4th and 5th Streets and another downstream between the 6th Street dam and the railroad bridge. Mayor Hurley asked what the primary funding source for the project was. Mr. Thorson responded it is primarily trail money that was received through the state. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1128. DOCUMENTS 130229 - Steve Schmitt/Reggie Schmitt that communication from Community Planning & Development Director transmitting Development Agreement with MBAK Properties LLC (Beecher and Kimball) for development of 12,500 sq. ft. professional office building, with a new minimum taxable value of $1,658,000.00 on a 1.25 -acre site generally located at the southeast corner of Hurst Drive and San Marnan Drive, with tax rebates for 7 years at 100 percent and an 8th year at 36 percent, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1129. 130230 - Steve Schmitt/Reggie Schmitt that communication from Assistant City Engineer transmitting Construction Plans for Sanitary Sewer Serving Tower Park Drive Extension - Tower Park No. 5 (Lot 1), as submitted by VJ Engineering, Inc. of Cedar Falls, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1130. 130231 - Steve Schmitt/Reggie Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with Snyder & Associates of Ankeny, Iowa at a cost not to exceed $29,390.00 to provide additional professional services for the Storm Water Utility fee, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1131. • • November 16, 2009 Page 5 Documents continued 130232 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting Contract, Bonds and Certificates of Insurance in the amount of $468,113.89 with Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2010 Cedar Valley River Trail, Contract No. 734, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1132. 130233 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting Professional Services Agreement with AECOM of Waterloo, Iowa at a cost of $46,000.00 for construction related services for the F.Y. 2010 Cedar Valley River Trail, Contract No. 734, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1133. 130234 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting extension of agreement with Development Solutions Inc. for continued work on the Section 108 Loan and BEDI grant programs, be received, placed on file and "Resolution approving said extension of agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1134. 130235 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting Right of Entry Agreement and Indemnity Agreement with Iowa Department of Natural Resources to allow for clean up of an orphaned underground storage tank on East 9th Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1135. 130236 - Getty/Greenwood that communication from Leisure Services Director transmitting Contract, Bonds and Certificates of Insurance in the amount of $842,320.00 with Peters Construction Corporation of Waterloo, Iowa in conjunction with 2009 Waterloo Boat House Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1136. 130237 - Getty/Greenwood that communication from Leisure Services Director transmitting Golf Course Pro Shop Agreement with Nathaniel Lubs to provide golf pro services at Gates Park Golf Course, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated that the letter regarding the term of contract indicated the contract is January 1, 2010 to December 31, 2011 but on the second page it indicated it goes to December 31, 2013. Paul Huting, Leisure Services Director, stated that it was a typo and it should be a two-year term. Mr. Huting stated that what Council would be approving is a two-year term. Mayor Hurley asked if this is the same contract Council approved last year for the three pro shops. Mr. Huting responded that all the terms of this contract are the same as the other two except the duration. He stated that at the Leisure Services Commission meeting it was passed and forwarded to Council for approval based on the two years. November 16, 2009 Page 6 Documents continued Councilperson Getty stated that he sat in during the last Leisure Services Commission meeting where there were 11 applications sent in and they chose three of the best. Councilperson Getty stated that this one was chosen out of those three. Councilperson Getty stated that we should look forward to an exciting season next year at Gates with the hiring of Nathaniel Lubs. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1137. 130238 - Getty/Greenwood that communication from Leisure Services Director transmitting a new five-year Amended and Restated Lease Agreement with Twin Sports Group, Inc. for lease of Waterloo Riverfront Stadium at a cost of $1,250.00 per month, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Paul Huting, Leisure Services Director, stated that this is a modification to the current lease that is in effect. He stated that the change is minor but is required by the Northwoods League. Mr. Huting stated that the franchise agreement requires that the Northwoods League be named as well as the Waterloo Bucks in the agreement in effect that makes the Northwoods League additionally liable for all rent, payments and so forth. Mr. Huting stated that it is actually more security for the city. He stated that we are also taking the University of Northern Iowa off the agreement because the baseball team no longer exists. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1138. RESOLUTIONS TO BE ADOPTED 130239 - Getty/Greenwood that communication from City Planner transmitting request to name private street generally located at the southeast corner of Newell Street and Mobile Street to serve the Unity Square Townhomes Development as Unity Square, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1139. ORDINANCES TO BE ADOPTED 130240 - Reggie Schmitt/Welper that "an Ordinance adopting Zoning Ordinance Amendment to change the provisions of the Ordinance regulating the placement of alcohol sales related businesses", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Cole, Hart. Motion carried. 130241 - Reggie Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Absent: Cole, Hart. Motion failed. 130242 - Greenwood/Steve Schmitt that "an Ordinance vacating on request of Ifet and Jasminka Salihovic for $253.26 a portion of April Street right-of-way north of the property at 2524 Gloria Drive for the purpose of constructing a privacy fence along the north side property line", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Cole, Hart. Motion carried. 130243 - Greenwood/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Absent: Cole, Hart. Motion failed. • • • • November 16, 2009 Page 7 NEW BUSINESS 130244 - Welper/Reggie Schmitt to instruct Police Chief to prepare specifications, bid document, etc. in conjunction with F.Y. 2010 Office Furniture Update Project for Police Department, be received, placed on file and approved. Ayes: Five. Absent: Cole, Hart. Motion carried. 130245 - Welper/Reggie Schmitt that specifications, bid document, etc. in conjunction with F.Y. 2010 Office Furniture Update Project for Police Department, be received and placed on file. Ayes: Five. Absent: Cole, Hart. Motion carried. 130246 - Welper/Reggie Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described project", be adopted. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1140. 130247 - Welper/Reggie Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. and taking of bids as December 7, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy City Clerk instructed to publish notice of same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1141. 130248 - Getty/Steve Schmitt that communication from City Planner transmitting request to vacate a portion of excess right-of-way generally located at the southeast corner of Greenhill Road and University Avenue, be received, placed on file and "Resolution setting date of hearing as November 23, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy City Clerk instructed to publish notice of same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1142. 130249 - Getty/Steve Schmitt that communication from Superintendent of Traffic Operations transmitting request to install street light at the intersection of Hammond Avenue and Maxhelen Boulevard, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1143. ORAL PRESENTATIONS 130250 - Councilperson Getty asked when River Road would be open to the public. Mayor Hurley responded that the contractors and our Traffic Department are placing the final signage and putting the lights back in to open the road by tomorrow afternoon or evening. Getty/Reggie Schmitt that the above oral comments be received and placed on file and Council adjourn at 6:08 p.m. Ayes: Five. Absent: Cole, Hart. Motion carried. almc— Carol Failor Deputy City Clerk