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HomeMy WebLinkAboutMinutes-09/08/2009• September 8, 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, September 8, 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: Noel Anderson, Community Planning & Development Director. 129715 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Tuesday, September 8, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 129716 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 24, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring September 13-19, 2009 as National Assisted Living Week. Mayor Hurley performed Swearing -In of Police Officer Jonikka M. Lyons. CONSENT AGENDA 129717 - 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. 1-64, dated September 8, 2009, in the amount of $3,364,684.62, 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. 2009-846. 2. Communication from Police Chief transmitting request from West to hold annual Homecoming Parade on September 11, 2009 from 2 2:35 p.m., with route to start in parking lot at Easton Baltimore, right on Baltimore to Ridgeway Avenue, then right Avenue back to the parking lot off of Ridgeway Avenue. High School :00 p.m. to Avenue to on Ridgeway Resolution adopted and upon approval by Mayor assigned No. 2009-847. 3. Communication from City Engineer transmitting request of Gene Yagla for waiver for a concrete driveway to be located at 247 Martin Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2009-848. b. Motion to approve the following: 1. Larry Ticknor, Rusty Zey, Randy Shepard and Troy Deeds, Airport Maintenance Workers, to attend Annual Live Fire Training in Cedar Rapids, Iowa on September 29 and September 30, 2009, with costs not to exceed $2,400.00, including use of city vehicle. 2. Communication from Mayor Hurley transmitting recommendation of the following to the Cultural & Arts Commission: reappointment of Steve Schowers, Mike Broshar, and Mary Ann Burk, with term expiration date of March 1, 2010; reappointment of Tom Langlas and Karol Rae Hoth, with term expiration date of March 1, 2011; reappointment of Barb Heitzman and Marilyn DeKoster, with term expiration date of March 1, 2012; reappointment of Golnar Buchanan, with term expiration date of March 1, 2013; appointment of Bill Blake, David Deeds and Diane Phelps, with term expiration date of March 1, 2013. September 8, 2009 Page 2 Consent Agenda continued c. Beer/Liquor License Permit Application Class C Rudy's Tacos, 2401 Falls Avenue (Renewal) (Expires 9/27/10) Roux Orleans, Bourre Lounge, Sky Event Centre, 501 Sycamore (New) (Expires 9/16/10) (Includes Sunday Sales) d. Beer License Permit Application Class C Aldi, Inc., 1918 Schukei Road (Renewal) (Expires 11/30/10) (Includes Sunday Sales) Crossroads BP, 2035 E. Mitchell Avenue (Renewal) (Expires 9/30/10) (Includes Sunday Sales) e. Wine License Permit Application Class B Aldi, Inc., 1918 Schukei Road (Renewal) (Expires 11/30/10) (Includes Sunday Sales) f. Outdoor Service Area Application Fraternal Order of Eagles, 202 E. 1st Street g. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 129718 - Getty/Cole that proof of publication of notice of public hearing on F.Y. 2010 ADA Accessibility Plan - University Avenue and Greenhill Road, as published in the Waterloo Courier on August 21, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129719 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Lou Cutwright, Building Official/Maintenance Administrator, explained that the city is continuing with its commitment for improvements for those with disabilities and inherently those without. We are making many portions of the city accessible, and this is a link between Greenhill Road where it crosses at University and over to the building for those with disabilities. Mr. Cutwright explained that the 2009 Riverfront Stadium ADA Ramp Project is being handled by the Leisure Services Department, and they are making Riverfront Stadium more accessible for those with disabilities to enjoy baseball. Getty/Cole that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 129720 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 ADA Accessibility Plan - University Avenue and Greenhill Road", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-849. 129721 - Getty/Cole that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-850. • • • • September 8, 2009 Page 3 Hearings & Bids continued 129722 - Getty/Cole to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Stickfort Construction Cedar Falls, IA Peterson Contractors, Inc. Reinbeck, IA Base Bid Add Alternate EPI to Univ. to Total Bid Bid Bond Greenhill Rd Greenhill Conn. w/Alternate 5% $113,058.60 $22,464.05 $135,522.65 5% $146,935.30 $29,224.20 $176,159.50 Ayes: Seven. Motion carried. 129723 - Steve Schmitt/Welper that proof of publication of notice of public hearing on 2009 Riverfront Stadium Grandstand ADA Ramp Project - 850 Park Road, as published in the Waterloo Courier on August 27, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129724 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Seven. Motion carried. 129725 - Steve Schmitt/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2009 Riverfront Stadium Grandstand ADA Ramp Project - 850 Park Road", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-851. 129726 - Steve Schmitt/Greenwood that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-852. 129727 - Steve Schmitt/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Bid Amount Failor Hurley Construction, Hudson, IA 5% $99,500.00 Peters Construction Corp., Waterloo, IA 5% $86,212.00 Tricon Construction, Dubuque, IA 5% $124,000.00 Ayes: Seven. Motion carried. 129728 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on Miscellaneous Water Rescue Equipment for Waterloo Fire Rescue, as published in the Waterloo Courier on August 19, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129729 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Steve Schmitt that the hearing be closed. Ayes: Seven. Motion carried. September 8, 2009 Page 4 Hearings & Bids continued 129730 - Greenwood/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Miscellaneous Water Rescue Equipment for Waterloo Fire Rescue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-853. 129731 - Greenwood/Steve Schmitt that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-854. 129732 - Greenwood/Steve Schmitt to receive, file and instruct City Clerk to open bids and refer to Fire Chief for review: Bidder REIS Emergency Equipment, St. Louis, MO MES - Municipal Emergency Services Inc., Fremont, NE Columbus Supply, Columbus, OH Ayes: Seven. Motion carried. 129733 - Welper/Reggie Schmitt that proof of publication of notice of public hearing on sale and conveyance of city -owned property generally located at 325 Rath Street, as published in the Waterloo Courier on August 19, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129734 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Reggie Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 129735 - Welper/Reggie Schmitt that "Resolution confirming approval of Requests for Proposal Documents in conjunction with sale and conveyance of city -owned property generally located at 325 Rath Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-855. 129736 - Welper/Reggie Schmitt that "Resolution authorizing to proceed in conjunction with above sale and conveyance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-856. 129737 - Welper/Reggie Schmitt to receive, file and instruct City Clerk to open and read proposals and refer to Community Planning & Development Director for review: Bidder Earnest Fee Bid Amount Michelle & John Rutledge $1,000.00 $5,000.00 Ayes: Seven. Motion carried. • • • • • September 8, 2009 Page 5 Hearings & Bids continued 129738 - Steve Schmitt/Welper that proof of publication of notice of public hearing on sale and conveyance of city -owned property generally located at 1604 Garden Avenue, as published in the Waterloo Courier on August 19, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129739 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Greenwood that the hearing be closed. Ayes: Seven. Motion carried. 129740 - Steve Schmitt/Welper that "Resolution confirming approval of Requests for Proposal Documents in conjunction with sale and conveyance of city -owned property generally located at 1604 Garden Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-857. 129741 - Steve Schmitt/Welper that "Resolution authorizing to proceed in conjunction with above sale and conveyance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-858. City Clerk Nancy Eckert reported that no bids were received for 1604 Garden Avenue. 129742 - Reggie Schmitt/Getty that proof of publication of notice of public hearing on sale and conveyance of city -owned property generally located at 2554-2556 Edgemont Avenue, as published in the Waterloo Courier on August 19, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129743 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Reggie Schmitt/Steve Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 129744 - Reggie Schmitt/Steve Schmitt that "Resolution confirming approval of Requests for Proposal Documents in conjunction with sale and conveyance of city -owned property generally located at 2554-2556 Edgemont Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-859. 129745 - Reggie Schmitt/Steve Schmitt that "Resolution authorizing to proceed in conjunction with above sale and conveyance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-860. September 8, 2009 Page 6 Hearings & Bids continued 129746 - Reggie Schmitt/Steve Schmitt to receive, file and instruct City Clerk to open and read proposals and refer to Community Planning & Development Director for review: Bidder Earnest Fee Bid Amount Jeff Armstrong, Waterloo, IA $1,000.00 $61,001.00 Exceptional Persons, Waterloo, IA $1,000.00 $68,000.00 Slavica Sabic, Waterloo, IA $1,000.00 $61,500.00 Bill Ramsey, Waterloo, IA $1,000.00 $60,560.00 Pat Schlindwein $1,000.00 $53,000.00 Ayes: Seven. Motion carried. UNFINISHED BUSINESS 129747 - Getty/Hart that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $160,194.02 to B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2010 Sidewalk Repair Assessment Program - Zone 9, Contract No. 765, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-861. 129748 - Getty/Hart that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $32,775.15 to B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2010 Sidewalk Repair Block Grant Program - Zone 9, Contract No. 766, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-862. 129749 - Getty/Hart that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $52,800.00 with additional concrete work at a cost not to exceed $23,100.00 to B & B Builders and Supply of Waterloo, Iowa in conjunction with 2009 Riverview Recreation Area Trail Enhancements, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-863. PETITIONS FROM PUBLIC 129750 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting request of Tim Troyer on behalf of Cory Troyer to vacate the 16' x 120' platted public alley in Block 6 of Russell Heights Addition directly north of property located at 1415 West 11th Street for purpose of constructing a new detached garage with a new value of $9,000.00 to $12,000.00 and Nermin Okanovic for purpose of constructing a new addition with a minimum assessed value of $18,000.00, be received, placed on file and "Resolution setting date of hearing as September 21, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-864. • • • • September 8, 2009 Petitions from Public continued 129751 - Greenwood/Steve Schmitt Page 7 that communication from Community Development Director transmitting request of Michael Narey and Doris Ruffridge to sell for $1.00 city -owned property generally located just west of 1020 Lafayette Street for purpose of constructing a new garage, together with recommendation of approval of Community Development Board, be received, placed on file and "Resolution setting date of hearing as September 21, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-865. 129752 - Greenwood/Steve Schmitt that communication from City Planner transmitting request of Phillip Douglas to sell and convey for $668.00 city -owned property generally located at the southwest corner of Martin Luther King Jr. Drive and Idaho Street, be received, placed on file and "Resolution setting date of hearing as September 28, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-866. 129753 - Greenwood/Steve Schmitt that communication from City Planner transmitting request of Grace Baptist Church to rezone from "A-1" Agricultural District to "R-2" One and Two Family District property generally located at 3820 Hammond Avenue to allow for construction of a 1,600 sq. ft addition to the church, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 28, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-867. 129754 - Steve Schmitt/Welper that communication from City Planner transmitting request of Don Gardner Construction on behalf of BPI, Inc. for a minor site plan amendment to the "M - 2,P" Planned Industrial District for the construction of a 30' x 197' warehouse addition to the existing BPI facility within the Tyson Foods facility located at 501 N. Elk Run Road, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-868. REPORTS 129755 - Reggie Schmitt/Welper that Waterloo Water Works 2008 Operating Report, be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Dennis Clark, Waterloo Water Works General Manager, explained that the Waterloo Water Works is a municipal water utility that is owned by the City of Waterloo and governed by a three member Board of Trustees: Craig Caslavka, Terry Kuntz and Rodger Burris. The Board is nominated by the Mayor and voted on and approved by the Council. Mr. Clark reported that their water sales were up $390,000.00 last year partially reflecting a rate increase, and their expenses were up less than 1 percent. Total book value was a little over $29 million where they had an estimated replacement cost of approximately $244 million. The major projects last year were water main completion on Hess Road and continued replacement of the mains in some of corrosive soil areas, primarily last year on Rainbow Drive. They installed 8,200 feet of new mains which was paid for by developers. The Water Works replaced about 1,800 feet of mains primarily on Rainbow Drive. The Water Works has a little over 388 miles of mains and at the rate that they are replacing it, they are on a 1,000 year replacement cycle, and the point of resistance there, as it is for everything, is money. September 8, 2009 Reports continued Page 8 The Water Works has 6,600 valves, and 3,163 hydrants many of which were painted last year and flagged, and they hope to continue flagging and painting all of the hydrants again. The Water Works continues with a program to replace older non -remote meters with new meters and remote reading devices. Four or five years ago, they had about 5,000 meters that did not have outside meter devices, and now they have about 350 non -remote meters and working on that everyday. The pumpage last year was 4% billion gallons. Water quality was good, with no non - compliances. Nitrates continue to be their biggest concern with water quality. Total gallons provided to the city was about 120 million, which was down a bit. Primary users of water are the golf courses and the Water Pollution Control Plant, with the retail cost of the water about $131,000.00. Mayor Hurley asked if its true that even with our price adjustment the Waterloo Water still is one of the best bargains in the state with one of the highest quality waters in the state. Mr. Clark responded that quality is always subjective, but the Water Works thinks it is the highest quality. They are fortunate that the water that they pump out of the ground is completely clean and sterile. The only treatment they do is add chlorine for safety incase something should happen down the line, and a small amount of fluoride to help prevent tooth decay. The Water Works approved a ten percent water rate increase for bills mailed after January 1, 2010. The average residential customer will see an increase in their bill of about 98 cents per month. Mr. Clark stated that they think they will still be the lowest water rate in the state for residential customers. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 129756 - Reggie Schmitt/Welper that communication from Chief Financial Officer transmitting letters from Berens -Tate Consulting Group completing arbitrage testing for 2004 general obligation bond issue and 2004 sewer revenue bond issue that the city maintained tax-exempt status be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 129757 - Hart/Getty that communication from Associate Engineer transmitting Change Order No. 2 for a net increase in the amount of $136.43 for work to be performed by B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2009 Sidewalk Repair Program - Zone 9 and Trail Repairs, Contract No. 752, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 129758 - Hart/Getty that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of $975.00 for work performed by Floor Decor of Waterloo, Iowa in conjunction with Carpet and Tile Replacement Second Floor of City Hall, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 129759 - Hart/Getty that communication from Leisure Services Director transmitting Change Order No. 1 for a net increase in the amount of $3,814.80 for work performed by Tricon General Construction of Dubuque, Iowa in conjunction with 2009 Riverfront Stadium Grandstand Structural Repairs, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 129760 - Hart/Getty that communication from Leisure Services Director transmitting Change Order No. 1 in the amount of $15,361.00 for work to be performed by Peters Construction Corporation of Waterloo, Iowa in conjunction with 2009 Riverfront Stadium Locker Room Renovations, be received, placed on file and approved and Mayor authorized to execute same. • • • • September 8, 2009 Documents continued Prior to a vote on the above motion, the following comments were heard. Page 9 Mayor Hurley explained that the change order includes a second sandblasting of the steel structure, an upgrade of the stainless steel lockers' horizontal components, furnish and install deck patching, approve Terracon Testing Services, prepare 25 steel columns and apply bituminous damp proofing protection, cut down hollow metal frames to fit openings, and revise the contract substantial completion date. Mayor Hurley noted that there is other detail available as public information upon request. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 129761 - Hart/Getty that communication from Contracts and Grants Coordinator transmitting request to deduct the amount of $1,250.00 for work to be performed by D. W. Zinser Co., Inc. in conjunction with Demolition Contract No. 156 -D -GO -03-03-08 (93-97 Vinton Street), be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 129762 - Hart/Getty that communication from Contracts and Grants Coordinator transmitting Change Order No. 1 for a net decrease in the amount of $11,160.00 for work to be performed by Lehman Trucking & Excavating of Waterloo, Iowa in conjunction with Demolition Contract No. 149 -D -GO -08-06-07, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 129763 - Welper/Steve Schmitt that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $52,800.00 with additional concrete work at a cost not to exceed $23,100.00 with B & B Builders and Supply of Waterloo, Iowa in conjunction with 2009 Riverview Recreation Area Trail Enhancements, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-869. 129764 - Welper/Steve Schmitt that communication from Leisure Services Director transmitting Contracts and Certificates of Insurance in the amount of $24,999.99 with Miller Fence Company of Waterloo, Iowa in conjunction with 2009 Tibbitts Baseball Complex Fencing Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-870. 129765 - Welper/Steve Schmitt that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $160,194.02 with B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2010 Sidewalk Repair Assessment Program - Zone 9, Contract No. 765, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-871. 129766 - Welper/Steve Schmitt that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $32,775.15 with B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2010 Sidewalk Repair Block Grant Program - Zone 9, Contract No. 766, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-872. September 8, 2009 Page 10 Documents continued 129767 - Hart/Reggie Schmitt that communication from Leisure Services Director transmitting agreement with Struxture Architects of Waterloo, Iowa at a cost not to exceed $13,000.00 for architectural services for the 2009 Riverfront Stadium ADA Ramp Project, 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. 2009-873. 129768 - Hart/Reggie Schmitt that communication from Associate Engineer transmitting Notice of Discontinuation of a Storm Water Discharge Covered under Iowa NPDES General Permit 2 with Iowa Department of Natural Resources in conjunction with F.X. 2007 Riverloop Exposition Plaza, Contract No. 721, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-874. 129769 - Hart/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 $49,257.84 for the F.Y. 2009 Sidewalk Repair Program - Zone 9 and Trail Repairs, Contract No. 752, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-875. 129770 - Hart/Reggie Schmitt that communication from Police Chief transmitting agreement with Black Hawk County Gaming Association for grant in the amount of $10,000.00 to help fund the Cops 'n Literacy Program, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-876. 129771 - Getty/Greenwood communication from Community Development Director transmitting 2nd Amendment to the State Jumpstart Housing Assistance Program grant agreement with Iowa Finance Authority for additional funding in the amount of $200,000.00 to assist eligible Waterloo residents whose homes were damaged following the natural disaster of 2008, 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. 2009-877. 129772 - Getty/Greenwood that communication from Community Planning & Development Director transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development for East Waterloo Family Housing Project for construction of 40 townhouse style units within the Enterprise Zone generally located at the southeast corner of Mobile and Newell Streets, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-878. • • • • September 8, 2009 Documents continued 129773 - Getty/Greenwood Page 11 that communication from Community Planning & Development Director transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development for JSA Development, LLC for construction of four residential apartments in one rehabbed building within the Enterprise Zone generally located at 304 West 5th Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-879. 129774 - Getty/Greenwood that communication from Community Planning & Development Director transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development for Insight Investment Properties LC for construction of two new twin style homes (4 dwelling units) within the Enterprise Zone generally located at the northeast and southeast corner of Hummingbird Circle and Pintail Drive, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-880. 129775 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting agreement with Northeast Iowa Food Bank to allow access for environmental investigation for property located at 106-116 East 11th Street, 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. 2009-881. 129776 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting First Amendment to Development Agreement with Menard, Inc. for construction of a Menards Store near the Logan Plaza center to extend completion date from October 1, 2010 to April 1, 2012, 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. 2009-882. Cole absent at 6:32 p.m. 129777 - Greenwood/Steve Schmitt that communication from General Manager of Waterloo Water Works transmitting Release of Real Estate Mortgage with James and Phyllis Platt , 8210 Hammond Avenue, for payment of Promissory Note and Mortgage for the Kimball South Rural Water Main Project, be received, placed on file and "Resolution approving said Release of Real Estate Mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-883. Cole present at 6:34 p.m. 129778 - Reggie Schmitt/Welper that communication from Planner II transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $88,000.00 for property located at 2008 Clearview Street and located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-884. September 8, 2009 Documents continued 129779 - Reggie Schmitt/Welper Page 12 that communication from Planner II transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $88,000.00 for property located at 659 Lunar Lane and located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-885. 129780 - Reggie Schmitt/Welper that communication from Habitat for Humanity for property located at 217 Butler Avenue and located Revitalization Area, be received, placed on file and request", be adopted and City Clerk instructed to Assessor of same. Ayes: Seven. Planner II transmitting request of Iowa Heartland tax exemptions on improvements totaling $10,000.00 for in the Consolidated Urban "Resolution approving said notify Black Hawk County Resolution adopted and upon approval by Mayor assigned No. 2009-886. 129781 - Reggie Schmitt/Welper that communication from Planner II transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $30,000.00 for property located at 522 W. Wellington Street and located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-887. 129782 - Reggie Schmitt/Welper that communication from Planner II transmitting request of Mary Stephens for tax exemptions on improvements totaling $17,000.00 for property located at 1611 Hawthorne Avenue and located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-888. 129783 - Reggie Schmitt/Welper that communication from Planner II transmitting request of Patricia Jones for tax exemptions on improvements totaling $92,460.00 for property located at 1003- 1013 Fulton Street and located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-889. 129784 - Reggie Schmitt/Welper that communication from Planner II transmitting request of Robert and Mary Lou Junge for tax exemptions on improvements totaling $13,413.00 for property located at 128 E. Parker Street and located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-890. • • • • • September 8, 2009 Page 13 Documents continued 129785 - Reggie Schmitt/Welper that communication from Planner II transmitting request of Alice Meyer for tax exemptions on improvements totaling $10,900.00 for property located at 1315 Virginia Street and located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-891. 129786 - Steve Schmitt/Welper that communication from Community Planning & Development Director transmitting Extra Work Order with Howard R. Green Company for an increased amount of $17,500.00 to perform additional assessments associated with the Downtown EPA Assessment Grant for Petroleum, be received, placed on file and "Resolution approving said work order", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Cole noted it is a continuing issue of change orders for environmental assessments and Howard R. Green seems to be the one that has most of these because they have the contract. Councilperson Cole asked what is it about working in Brownfields areas that makes it impossible to predict what's underneath the ground. Don Temeyer, of Howard R. Green, responded that for these projects you test so much, but you can't see underneath the ground. You dig and find things when you are working in an area that you weren't aware of. These extra work orders are to do additional assessments on additional properties because of savings in other areas of the grant. The original grants signed in 2006 were $200,000.00 each. This money is available to do additional assessments and particularly these are related to the agreements that the city is starting to work on with Operation Threshold and the Food Bank, and these properties are going to be assessed part of that. The other part is additional properties in the TechWorks area because there were some savings in the grant. Mayor Hurley asked what prompted an EPA petroleum assessment and an EPA hazardous materials assessment. Mr. Temeyer responded these grants were available and the city applied for the grants back in 2006. It is a nationwide competition, and it was for the downtown area. That was defined in this grant as 18th Street, Franklin Street, Washington Street, and Mullan Avenue. To look at the old properties and select which ones have the most opportunity for redevelopment. Its not just the fact that they are contaminated, its the perception that they are contaminated. You cannot get bank financing without a phase I assessment and chances are you will have to do a phase II, which is drilling and checking out to see if there is contamination in that area because this is the oldest part of the community and you have to do research and figure out what was there originally. Maybe its been redeveloped once or twice already, and is there potential for that contamination. This grant pays for that so the city doesn't have to pay or a developer doesn't have to pay for that. It makes the properties available without that perception so that its easier to attract a developer. 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. 2009-892. 129787 - Steve Schmitt/Welper that communication from Community Planning & Development Director transmitting Extra Work Order with Howard R. Green Company for an increased amount of $24,750.00 to perform additional assessments associated with the EPA Assessment Grant, be received, placed on file and "Resolution approving said work order", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-893. September 8, 2009 Page 14 Documents continued 129788 - Cole/Reggie Schmitt that communication from Leisure Services Director transmitting agreement with MidAmerican Energy of Waterloo, Iowa at a cost not to exceed $60,000.00 for services at Riverfront Stadium, located at 850 Park Road, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-894. 129789 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting Purchase Order with Howard R. Green Company at a cost not to exceed the amount of $92,000.00 for design and administrative services for Chamberlain Demolition, Phase 2, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Hart stated that from the very detailed information council received the demolition will be funded by three grants, and he asked if the $200,000.00 from the EPA is the same $200,000.00 listed in the previous two items. Mayor Hurley responded he didn't think so. Councilperson Hart stated he has had conversations with folks about maybe the integrity of Howard R. Green and whether or not he believes they are doing the work or whatever it is. Councilperson Hart stated he really does not have a problem necessarily with Don Temeyer and Howard R. Green, but his questions are more focused on policy. When we take a look at the fact that $92,000.00 is contracted for professional services and we take a look at last Thursday at the agenda meeting the question was asked was there an RFP. Yes there was an RFP, and he asked for a copy of that. He did not get the RFP that was signed previously to him being on council. When we take a look at the competitive bidding process he is just a little confused about that particular language and how the $92,000.00 is awarded to this company when we know competition reduces costs for cities. He has an article from the Washington Post that talked about Federal dollars and the competition for those dollars and how there's an opportunity to save money. Councilperson Hart asked if there is a copy of this RFP that he can get a hold of and is this a new project. If this is phase II of that project, then there must be a listing of the various phases of that project that is going to take place after this. Councilperson Hart stated he has questions not so much on the integrity of the work being done but our process. Noel Anderson, Community Planning & Development Director, responded there was an RFP process, and he can get that so that the council can see that again. It was back in December 2003. At that point, the RFP would have been for professional services. Howard R. Green was the selected consultant through a variety of consultants, and the RFP basically said for design services at the Chamberlain site. The phases have been somewhat determined by the amount of funding that the city has been able to receive and how well the bids came in. The last time we actually had a number of buildings in the order of dangerousness of the buildings. The bids came in, we added more buildings, we were able to do more demolition and more asbestos work out there. Once we get this next phase going the design work is done depending on the bids, which will determine how much more work we are able to do again. Councilperson Hart asked if this is a new project. Mr. Anderson responded it is the same site, it is the same RFP that was stated before with the Chamberlain site. This is the next phase that we need to move forward with and do the actual bid specifications. Councilperson Hart stated if there is an RFP that states that Howard R. Green actually was awarded the contract by the city for this project and if there are no compliance issues with federal government for the uses of federal and state funds in the bidding process, then he is okay with the project and if there is not .... Mayor Hurley asked Mr. Anderson if he would produce the document tomorrow. Councilperson Hart asked if item 51 is Local Option Sales Tax monies. Mr. Anderson responded no this is TIF money. • • • September 8, 2009 Page 15 Documents continued Councilperson Hart stated if there is no document produced he does not want to support it. Mayor Hurley noted he does not know what Councilperson Hart's intentions are, but he thinks with no document in front of him Councilperson Hart may want to vote no. Councilperson Hart stated or abstention for not enough information. Mayor Hurley stated he does not think Councilperson Hart could abstain for not enough information, but that Councilperson Hart could vote aye in a matter of trust that he will get the document tomorrow because it does exist. 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. 2009-895. 129790 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting Development Agreement with Hurst Holding Company Inc. to make improvements to the Hurst land just west of the Tower Park Office Complex, with the city offering $80,000.00 grant for improvements to San Marnan Drive for the Hurst Drive extension to the south, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-896. RESOLUTIONS TO BE ADOPTED 129791 - Reggie Schmitt/Welper that "Resolution declaring city's intent to sell property generally bounded by Elm Street, Mulberry Street, Vinton Street and Lafayette Street to Operation Threshold and the Iowa Department of Corrections, subject to finalization of project plans, development agreement terms, sale terms and other necessary elements, be received, placed on file and "Resolution declaring city's intent", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated that a respected city leader said the other day that we have been working towards a central human service campus for some 30 years, and we have gotten closer and closer spurred by the Food Bank starting about three or four years ago. Now people are coming to the table because of the floods, and because of the federal stimulus plan we now have Operation Threshold and the Department of Corrections ready to go, and we have inched closer and closer to the reality of a central services campus. The platting needs to be finalized. We have them generally placed in property just north of the Rath Administration building. Their architects, their Boards of Directors, and their staff have worked closely with the city over the last three or four weeks. In the meantime, these good people need to go back to their boards and to their donors and say this is going to happen, here is a resolution on the part of the City of Waterloo that says yes we intend to sell or transfer real property to the various operations. This is a resolution of intent, and it signals future councils and staff what was unanimously approved in September 2009 so that we can move 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. 2009-897. September 8, 2009 Page 16 Resolutions to be Adopted continued 129792 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting Right -of -Entry Agreement with Operation Threshold to enter city -owned property generally bounded by Elm Street, Mulberry Street, Vinton Street and Lafayette Street for purpose of soil testing and other site -evaluation activities, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-898. NEW BUSINESS 129793 - Steve Schmitt/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of One 2010 Automated Side -Loading Garbage Truck, be received, placed on file and approved. Ayes: Seven. Motion carried. 129794 - Steve Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with Purchase of One 2010 Automated Side -Loading Garbage Truck, be received and placed on file. Ayes: Seven. Motion carried. 129795 - Steve Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-899. 129796 - Steve Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and bid opening as September 28, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-900. 129797 - Steve Schmitt/Welper to instruct Contracts and Grants Coordinator to prepare plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 166 -D -GO -10-05-09 (Houses: 302-304 Fowler Street, 404 Fowler Street, 116 Peek Street, 232 Leland Avenue, 1203 Beech Street, and 728, 731 and 745 Vinton Street; Garages: 1203 Beech Street), be received, placed on file and approved. Ayes: Seven. Motion carried. 129798 - Steve Schmitt/Welper that plans, specifications, Obligation Bond Demolition 302-304 Fowler Street, 404 1203 Beech Street, and 728 Street), be received and 129799 - Steve Schmitt/Welper that "Resolution contract, etc. Ayes: Seven. form of contract, etc. in conjunction with General Project, Contract No. 166 -D -GO -10-05-09 (Houses: Fowler Street, 116 Peek Street, 232 Leland Avenue, , 731 and 745 Vinton Street; Garages: 1203 Beech placed on file. Ayes: Seven. Motion carried. preliminarily approving plans, specifications, form of in conjunction with the above described project", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2009-901. t • • • September 8, 2009 New Business continued 129800 - Steve Schmitt/Welper Page 17 that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and bid opening as September 28, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-902. 129801 - Getty/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $3,685.61 for work performed by the Water Works at 718 Ashland Avenue, together with recommendation of approval of Board of Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-903. 129802 - Getty/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $3,447.00 for work performed by the Water Works at 601 W. Parker Street, together with recommendation of approval of Board of Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-904. 129803 - Getty/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $6,079.80 for work performed by the Water Works at 406 Gable Street, together with recommendation of approval of Board of Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-905. 129804 - Getty/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,860.00 for work performed by the Water Works at 74 Gable Street, together with recommendation of approval of Board of Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-906. 129805 - Getty/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,643.85 for work performed by the Water Works at 2180 Lafayette Street, together with recommendation of approval of Board of Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-907. 129806 - Getty/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $3,124.55 for work performed by the Water Works at 2174 Lafayette Street, together with recommendation of approval of Board of Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-908. September 8, 2009 Page 18 ORAL PRESENTATIONS 129807 - Mayor Hurley noted that an engineering tech stopped him in the parking lot late last week and mentioned this, and he thought it was worth passing on because it is a compliment to the citizens of Waterloo, the motorists and pedestrians. We did the base layer on Sycamore right in front of the Post Office for a couple of blocks, and that is a pretty heady area to be working in the middle of the day. We will be following up on Saturday weather permitting to put the top layer on. The point the engineering tech was making was how courteous the drivers were, how patient, how understanding they were, and he said its been that way pretty much all summer. Great cooperation from citizens and motorist during our overlay and recon projects, and we do appreciate that as its important. Getty/Steve Schmitt that the above oral comments be received and placed on file and the Council adjourn at 6:59 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk • •