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HomeMy WebLinkAboutMinutes-10/26/2009• • October 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 Monday, October 26, 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: Brad Hagen, Airport Director. 130098 - Reggie Schmitt/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 26, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 130099 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 19, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring October 23-31, 2009 as Red Ribbon Week. Mayor Hurley read a Proclamation declaring November 8-14, 2009 as Radiologic Technology Week. CONSENT AGENDA 130100 - 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. 1-65, dated October 26, 2009, in the amount of $4,157,096.73, 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. 2009-1059. 2. Communication from Planner II transmitting request of Craig Davis for tax exemptions on improvements totaling $8,000.00 for property located at 707 Greenbrier Road and located in the Consolidated Urban Revitalization Area. Resolution adopted and upon approval by Mayor assigned No. 2009-1060. 3. Communication from Police Chief transmitting request of Waterloo Convention & Visitors Bureau & Trekman Racing to hold 5K and 10K races on November 7, 2009 beginning at 9:00 a.m. traveling streets through the downtown and ending at Soldier's and Sailors Park. Resolution adopted and upon approval by Mayor assigned No. 2009-1061. b. Motion to approve the following: 1. Cammie Scully, Director; Kent Shankle, Curator, to attend Public Art Conference in Des Moines, Iowa on October 12-13, 2009, with costs not to exceed $435.00. 2. Mohammad Elahi, Traffic Engineer; Matt Vlasak, Signal Tech Foreman; and Nick Dunn, Signal Tech II, to attend 2009 Davenport Users' Group by Brown Traffic Products Inc. in Bettendorf, Iowa on December 1-3, 2009 with costs not to exceed $920.20, including use of city vehicle. 3. Tim Bromage, Visiting Artist/Performer, to perform at Center For The Arts on October 7-9, 2009 with costs not to exceed $200.00. 4. Malcom T. Smith, Visiting Artist/Performer, to perform at Center For The Arts on October 7-9, 2009 with costs not to exceed $150.00. 5. Mari Novotny -Jones, Visiting Artist/Performer, to perform at Center For The Arts on November 5-6, 2009 with costs not to exceed $100.00. October 26, 2009 Page 2 Consent Agenda continued 6. Communication from City Engineer transmitting request of Mark and Dawn Kruth for a waiver for a concrete driveway to be located at 5656 Kimball Avenue, together with recommendation of approval. c. Beer License Permit Application Class B Godfathers Pizza, 1946 Schukei Road (Renewal) (Expires 10/31/10) (Includes Sunday Sales) LaChiquita Inc., 301 E. 4th Street (New) (Expires 10/30/10) (Includes Sunday Sales) d. Pool/Billiard License Application Fanatics Sports Bar and Grille, 814 La Porte Road e. Outdoor Service Area Application LaChiquita Inc., 301 E. 4th Street f. Bonds Ayes: Seven. Motion carried. HEARINGS & BIDS 130101 - Hart/Reggie Schmitt that proof of publication of notice of public hearing on Abstracting Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, as published in the Waterloo Courier on October 16, 2009, be received and placed on file. Ayes: Seven. Motion carried. 130102 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Reggie Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 130103 - Hart/Reggie Schmitt that "Resolution confirming approval of Request for Proposal, contract, etc. in conjunction with Abstracting Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1062. 130104 - Hart/Reggie Schmitt that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1063. • • • • October 26, 2009 Page 3 Hearings & Bids continued 130105 - Hart/Reggie Schmitt to receive, file and instruct Deputy City Clerk to open and read bids and refer to Community Planning & Development Director for review: Proposal Evaluation Tab for Request for Proposals for Abstracting Services Ayes: Seven. Motion carried. 130106 - Getty/Hart that proof of publication of notice of public hearing on Purchase of Two Servers, Storage Access Network and Licensing Software for Police Department, as published in the Waterloo Courier on October 16, 2009, be received and placed on file. Ayes: Seven. Motion carried. 130107 - 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: Seven. Motion carried. 130108 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1064. 130109 - Getty/Hart to receive, file and instruct Deputy City Clerk to open and read bids and refer to Police Chief for review: Hardware & Bidder Software Upgrade Installation Total Bid ACES, Cedar Falls, IA $96,853.37 $13,000.00 $109,903.37 Dell, Round Rock, TX $79,303.86 $17,948.58 $13,000.00 $110,252.44 CDWG, Vernon Hills, IL $99,470.56 $13,000.00 $112,470.56 Ayes: Seven. Motion carried. Black Hawk County Abstract & Title- Settlement Services, Waterloo, IA Title Services Corporation, Waterloo, IA Qualifications and Experience (Maximum of 90 points) 89 71 Company Responsiveness to RFP (Maximum of 90 points) 53 62 Cost Effectiveness (Maximum of 120 points) 89 110 Total (Maximum of 300 points) 231 243 Detail of Cost Inputs On file in the City Clerk's office Ayes: Seven. Motion carried. 130106 - Getty/Hart that proof of publication of notice of public hearing on Purchase of Two Servers, Storage Access Network and Licensing Software for Police Department, as published in the Waterloo Courier on October 16, 2009, be received and placed on file. Ayes: Seven. Motion carried. 130107 - 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: Seven. Motion carried. 130108 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1064. 130109 - Getty/Hart to receive, file and instruct Deputy City Clerk to open and read bids and refer to Police Chief for review: Hardware & Bidder Software Upgrade Installation Total Bid ACES, Cedar Falls, IA $96,853.37 $13,000.00 $109,903.37 Dell, Round Rock, TX $79,303.86 $17,948.58 $13,000.00 $110,252.44 CDWG, Vernon Hills, IL $99,470.56 $13,000.00 $112,470.56 Ayes: Seven. Motion carried. October 26, 2009 Page 4 UNFINISHED BUSINESS 130110 - Greenwood/Steve Schmitt that communication from City Planner transmitting recommendation of award of contract in the maximum amount of $99,900.00 to Clark, Butler, Walsh & Hamann in conjunction with Legal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six, with Councilperson Cole abstaining because Mr. Jim Walsh is on the Board of Directors of the company that she is employed at. Resolution adopted and upon approval by Mayor assigned No. 2009-1065. PETITIONS FROM PUBLIC 130111 - Cole/Hart that communication from Community Planning & Development Director transmitting request of Dave and Ellen Beck to sell and convey for $200.b0 a parcel of City owned land generally located at 120 Argyle Street, be received, placed on file and "Resolution setting date of hearing as November 9, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1066. 130112 - Cole/Hart that communication from City Planner transmitting request of Ifet and Jasminka Salihovic to vacate, sell and convey for $253.26, plus costs, a portion of April Street right-of-way north of property at 2524 Gloria Drive for the purpose of constructing a privacy fence along the north side property line, be received, placed on file and "Resolution setting date of hearing as November 9, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1067. DOCUMENTS 130113 - Cole/Hart that communication from Police Chief transmitting agreement with Helping Services of Northeast Iowa, Inc. to perform alcohol compliance checks and special event monitoring, be received, placed on file and "Resolution approving said agreement", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated that the city normally would perform the services in the past. Mr. Greenwood asked if this is something new that hasn't been done in the past. Tom Jennings, Chief of Police, responded that the city has done this and has had a contract with them for the last several years. Chief Jennings stated that this agreement then allows the city to go out and check liquor licenses in the community. Chief Jennings went on to say that prior to this, an establishment would only be checked after a complaint was made. Chief Jennings also stated that this agreement has been in place for the last five years. Councilperson Greenwood asked if this was funded through some type of compliance programming through the state. Chief Jennings responded that it is funded through the state. He is unsure of where the funding comes from, but it comes from the state to the city. 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. 2009-1068. • • October 26, 2009 Documents continued 130114 - Cole/Hart Page 5 that communication from Associate Engineer transmitting Change Order No. 2 for a net decrease in the amount of $411.35 for work to be performed by B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2006 M.L. King Jr. Drive Recreational Trail Head, Contract No. 709, be received, placed on file and approved and Mayor and Deputy City Clerk authorized to execute same. Ayes: Seven. Motion carried. 130115 - Welper/Reggie Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a total cost of $68,016.05 for the F.Y. 2006 M.L. King Jr. Drive Recreational Trail Head, Contract No. 709, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1069. 130116 - Welper/Reggie Schmitt that communication from Associate Engineer transmitting City -State Agreement No. 02 -09 -STPD -042 for federal STP funds in the amount of $260,000.00, with local match of $65,000.00, for the F.Y. 2010 Ridgeway Avenue and LaPorte Road Connection, Contract No. 775, STP -U-8155(715)-70-07, 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 Getty asked if the city pays the $65,000.00 match and if the money is coming from the company that is building the store at the old location. Mayor Hurley responded that it was his understanding that what is proposed is a match that comes from the local option sales tax under the proviso that is in the current language. Councilperson Getty stated that he had the understanding that the fire station was not going to cost the city anything. Mayor Hurley stated that while this is next to the fire station, this upgrading of the intersection is separate from the fire station. He stated that it is in the fire station package, but it isn't an explicit part of the agreement that we have to build a new fire station. Councilperson Getty asked that if the fire station weren't being built, then would the city still be doing this project. Mayor Hurley responded that he thinks so, but the fire station did precipitate moving the project forward. Noel Anderson, Community Planning & Development Director, stated that the intersection at Ridgeway Avenue and LaPorte Road is going to have some far reaching goals of economic development in that area creating better transportation in that area. Mr. Anderson stated that the fire station project is what has moved it to the project status it is at now. He stated that improvements to LaPorte Road have been listed in our transportation improvement program and that's part of our participation in the MPO. Mr. Anderson agreed with the Mayor in that it is not connected directly to the fire station project but it has been moved forward because of the fire station project moving forward there. Councilperson Hart asked if the city doesn't receive the funds, would it still continue. Mayor Hurley responded that he does not think the project would continue, but we are confident that the city has the city-state agreement for the funds. October 26, 2009 Page 6 Documents continued Noel Anderson, Community Planning & Development Director stated that the funds are available through the MPO and the MPO Board has endorsed the project. He stated that this is just a step in the process for moving the project forward. 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. 2009-1070. 130117 - Welper/Reggie Schmitt that communication from Superintendent of Traffic Operations transmitting City - State Agreement No. 2010 -TS -022 for Traffic Safety grant in the amount of $375,000.00, for improvements to the intersection of US 63 (Sergeant Road) and Ridgeway Avenue, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1071. 130118 - Welper/Reggie Schmitt that communication from Police Chief transmitting agreement with U.S. Department of Justice, Office of Community Oriented Policing Services for a COPS Secure Our Schools grant in the amount of $159,700.00 to be used by the Waterloo School District, 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. 2009-1072. RESOLUTIONS TO BE ADOPTED 130119 - Steve Schmitt/Greenwood that communication from Executive Director of Waterloo Convention & Visitors Bureau transmitting recommendation of hotel -motel mini grants in the amount of $3,000.00 for A Night at the Hollywood Canteen to be held on November 21, 2009 with money to be used to assist with entertainment costs; and $3,000.00 for Beers to You and Gourmet Too to be held February 28, 2010 with money to be used to assist with advertising purposes, be received, placed on file and "Resolution approving said mini grant", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1073. 130120 - Steve Schmitt/Greenwood that communication from City Chicago Central and Pacific Railroad generally located near the northeast for the purpose of a laydown area to project, be received, placed on file be adopted and Mayor authorized to execute Planner transmitting Right -of -Entry Agreement with Company to utilize city -owned right-of-way corner of Broadway Street and Wagner Road coincide with a railroad bridge and "Resolution approving said same. Ayes: Seven. replacement agreement", Resolution adopted and upon approval by Mayor assigned No. 2009-1074. 130121 - Steve Schmitt/Greenwood that "Resolution authorizing installation of a speed hump in the 600 block of South Hackett Road", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1075. ORDINANCES TO BE ADOPTED 130122 - Reggie Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (16) Burton Avenue Section 553, No Parking Here to Corner, (install No Parking Here to Corner approximately 80 feet in a northerly direction on the east side of the 700 block of Burton Avenue)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. • • • October 26, 2009 Ordinances to be Adopted continued 130123 - Reggie Schmitt/Hart • that rules requiring ordinances to be considered and voted for passage prior meetings be suspended. Ayes: Seven. Motion carried. 130124 - Reggie Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Burton Avenue Section 553, No Parking Here to Corner, (install to Corner approximately 80 feet in a northerly direction on the 700 block of Burton Avenue)", be considered and passed for the times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4972. 130125 - Getty/Steve Schmitt Page 7 at two Subsection (16) No Parking Here east side of the second and third that "an Ordinance vacating on request of Manatt's, Inc. a portion of River Road abutting the current property on Mullan Avenue to allow for continued operation and upgrade to the concrete plant facility", be received, placed on file, considered and passed for the second time. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated that he voted in favor of this request the first time because he had a question in regards to the land sale policy, which he is really a stickler on. He stated that he voted in favor of it because he thought that should the city go to court, Manatt's could actually be awarded more land than what is written so he will be changing his vote. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Cole, Welper, Reggie Schmitt. Motion carried. 130126 - Getty/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Three. Reggie Schmitt. Motion failed. ORAL PRESENTATIONS Nays: Cole, Greenwood, Welper, 130127 - Mark Rolinger, Manatt's, Inc. representative, stated that he would like to clarify some misunderstandings about how we have gotten here in hopes to get through it next week and move on to bigger and better things. He stated that he thinks that there has been a perception, unfortunately, that Manatt's, Inc. has negotiated some sort of favorable agreement with the City based on the threat of a litigation rather than sound public policy. He submits that is not accurate and thinks that if Council gets a little bit of the big picture of how we arrived here, then maybe Council will agree and conclude that this is in fact a good decision by the City. The city has decided to vacate River Road as part of the Riverfront Redevelopment. He stated that Manatt's, along with many other citizens, were not thrilled about that and want to cooperate with the City's plans. He stated that Manatt's expected that as part of the vacation of River Road, they would be given the right to acquire at least half of the right of way that abuts their property. That is the way that the City has typically conducted business and in this particular instance Manatt's was told months ago that the City would prefer to reserve the right-of-way for Cedar Valley TechWorks. He stated that instead of Manatt's getting upset about the situation, they asked the City to provide them with one example in which a property owner that is adjacent to vacated right-of-way would not have the right to at least the half that abuts its property. Mr. Rolinger stated that the City was unable to provide a single example and are unaware of a single instance in which this has ever occurred. He stated that rather than argue and fight with the City at that stage, Manatt's commenced discussions with the city about a compromise. Manatt's involved TechWorks in face-to-face discussions and Manatt's agreed to accept less than the half of the right-of-way that abuts its property. He stated that it was a compromise in an effort to try and reach a resolution without threat of litigation. Mr. Rolinger stated that it was a compromise that they thought made sense and continued to believe made sense. He stated that it meets the needs of the City, Manatt's and TechWorks. Mr. Rolinger stated that as part of the compromise, there was an agreement to accept the conveyance for $1.00. He reiterated there is a misconception and this was not done under a threat of litigation and has been working with the City for two years. October 26, 2009 Page 8 Oral Presentations continued He stated that there is no lawsuit on file, but did state that they would be prepared to litigate if necessary. Mr. Rolinger stated that they have been trying to meet a compromise and thinks that is the message that Manatt's wanted to deliver to the Council tonight. He stated that this is the product of compromise, not the product of threats of litigation. Mayor Hurley reminded residents that the ballot needs to be turned over because there are also several questions on the back. He states that he is not steering residents in any way as to how to vote on the issue, but wanted to remind them that the question on the local option sales tax is on the back side so it would not get missed. Getty/Reggie Schmitt that the above oral comments be received and placed on file and Council adjourn at 6:15 p.m. Ayes: Seven. Motion carried. Carol Failor Deputy City Clerk • •