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HomeMy WebLinkAboutMinutes-06/21/2010June 21, 2010 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, June 21, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Moment of Silence. Pledge of Allegiance: Doug Carter, Fire Chief. 134699 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, June 21, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 134700 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 14, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 134701 - Hart/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. 1-88, dated June 21, 2010, in the amount of $2,462,143'.67, 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. 2010-492. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destinati on Date(s) Amount not to exceed Debra Anderson, Building Official/Maintenance Administrator ICC Legal Aspects Michigan City, Indiana July 18- 20, 2010 $702.50 2. Beer License Permit Application Class B Pizza Hut #4345, 2825 Crossroads Boulevard (Renewal) (Expires 7/8/2011) (Includes Sunday Sales) Waterloo Jaycees Fireworks Festival, 100 Block of W. 4th Street (New) (7/2/2010 to 7/7/2010) 3. Liquor License Permit Application Class C Club 2000, 2000 Hawthorne Avenue (New) (Expires 6/6/2011) Chaser's Pub, 3005 University Avenue (Renewal) (Expires 7/7/2011) (Includes Sunday Sales) Club 700, 1955 Locke Avenue (Renewal) (Expires 6/30/2011) (Includes Sunday Sales) Benevolent & Protective Order of Elks #290, 407 E. Park Avenue (Renewal) (Expires 6/30/2011) (Includes Sunday Sales) Park Road Inn, 306 Park Road (Renewal) (Expires 6/30/2011) (Includes Sunday Sales) Cadillac Lanes, 650 LaPorte Road (Renewal) (Expires 7/22/2011) (Includes Sunday Sales) Maple Lanes Bowling Center, 2608 University Avenue (Renewal) (Expires 7/9/2011) (Includes Sunday Sales) 4. Cigarette/Tobacco Permit Applications Seventy-one (71) applications - on file in the City Clerk's office 5. Outdoor Service Area Application LaChiquita Inc., 301 E. 4th Street Fanatics Sports Bar & Grille, Inc., 814 LaPorte Road The Isle Casino Hotel, 777 Isle of Capri Boulevard CU and The Cellar, 320 E. 4th Street Waterloo Jaycees Fireworks Festival, 100 Block of W. 4th Street June 21, 2010 Page 2 Chaser's Pub, 3005 University Avenue 6. Fireworks Display Application Waterloo Jaycees Fireworks Festival, off 6th Street Bridge on July 3, 2010 (rain date alternate July 4, 2010) 7. Bonds Ayes: Seven. Motion carried. PUBLIC HEARINGS 134702 - Schmitt/Welper that proof of publication of notice of public hearing on Purchase of Tactical Body Armor, as published in the Waterloo Courier on June 8, 2010, be received and placed on file. Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 134703 - Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 134704 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Tactical Body Armor", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-493. 134705 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-494. 134706 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Police Chief for review: Bidder Bid Amount Galls -An Aramark Company 2680 Palumbo Drive $1,890.00 Lexington, Kentucky 40509 $34,200.00 OMB Guns 11227 Strang Line Road $2,495.00 Lenexa, Kansas 66215 $44,910.00 Uniform Den Inc 1309 5th Avenue $35,370.00 Moline, Illinois 61265 $38,970.00 Streicher's 4777 North 124th Street $2,275.00 Butler, Wisconsin 53007 $40,950.00 Ayes: Seven. Motion carried. 134707 - Schmitt/Welper that proof of publication of notice of public hearing on FY 2011 Ammunition Supplies, as published in the Waterloo Courier on June 8, 2010, be received and placed on file. Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 134708 - Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 134709 - Schmitt/Welper • • • • June 21, 2010 Page 3 that "Resolution confirming approval of specifications, bid document, etc. in conjunction with FY 2011 Ammunition Supplies", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-495. 134710 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-496. 134711 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Police Chief for review: On file in the office of the City Clerk Ayes: Seven. Motion carried. 134712 - Getty/Hart that proof of publication of notice of public hearing on F.Y. 2010 E. Sixth Street Storm Pump Station Improvements, Contract No. 716, as published in the Waterloo Courier on June 8, 2010, be received and placed on file. Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. 134713 - Getty/Hart that the hearing be closed and oral and written comments be received and placed on file. Mary Ball, stated that she has lived on 9th Street for 47 years and has had some problems with the creek. She asked that if the city shuts off 6th street and blocks Bontrager and Liberty what will happen to the rest of the citizens. Eric Thorson, City Engineer, responded that this is actually on the east side of the river, north side of the river just a few blocks away on 6th Street. There is an existing pump station and the pumps have failed. There are some temporary pumps in to replace those. What Ms. Ball is speaking about is Dry Run Creek that is on the west side of the city and nothing is being done about that at this time. Ayes: Seven. Motion carried. 134714 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 E. Sixth Street Storm Pump Station Improvements, Contract No. 716", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-497. 134715 - Getty/Hart that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-498. 134716 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: June 21, 2010 Page 4 Bidder Bid Bond Bid Amount KEHE Construction Company PO Box 827 Waverly, Iowa 50677 5% $749,400.00 Peterson Contractors Inc. Box A Reinbeck, Iowa 50669 5% $773,540.00 Story Construction 300 South Bell Avenue PO Box 1668 Ames, Iowa 50010 5% $708,800.00 Tricon Construction Group 2245 Kerper Boulevard, Suite 2 Dubuque, Iowa 52001 $747,000.00 Wicks Construction Inc 2201 State Hwy 9 PO Box 428 Decorah, Iowa 52101 5° $993,763.00 Ayes: Seven. Motion carried. 134717 - Welper/Schmitt that proof of publication of notice of public hearing on sale and conveyance of city -owned property generally located at the northwest corner of Jefferson and West 6th Streets to Farmers State Bank for $1.00, as published in the Waterloo Courier on June 17, 2010, be received and placed on file. Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. Justin Smith, Smitty's Bar of 709 Jefferson Street, stated that the bar has been there for 13 years and have had pretty good success through a lot of hard work. He is concerned that with the existing parking lot there is seven businesses that operate liquor licenses there. Although it is not that busy during the day, at night it is busy. He thinks that a lot of the ability to succeed is based on that parking lot. If the parking lot is gone that would leave them with 20 spaces on the street to park divided up between seven liquor licenses at seven bars. That just does not work. There is just not enough parking. It would not work. That would put his business of 13 years in a critical state. He does not know how he could do it and he doesn't think the people he has spoken to don't seem to have any or not know information but it seems like people that are going to make this decision it doesn't seem like there is enough information is out there yet. This would be a bad deal for that area. There are seven businesses. If you put one business in there and take seven away he doesn't look at that as development. He didn't even know it was for sale. He was not aware that he was just suppose to assume that any piece of property that is there is for sale. That it was up for development or maybe that is just his ignorance. But he was not aware that it was for sale especially for $1.00, that is a pretty good deal. He just hopes that everyone is given the chance for a little bit more information for making a decision about this. It is a critical thing for that area and there is a lot going on down there. Tim Skayhill, 630 Prospect Boulevard, stated that when he heard about this he was disturbed. He will not repeat the things Mr. Smith said but it appears that it wasn't publicized very well. Everyone should be aware of possibly this being up for sale not just all of a sudden in a couple of days everyone finding out that its for sale. He thinks this needs to be fair and to him he thinks it is not fair at all. There is a lot of businesses that perhaps would like to build something there or do something there. Why should it all of a sudden be this particular company who is out of town. They are not a domestic home office. He thinks this is not fair and that is why he decided to come forward to express his views. David Deeds, Main Street Water Vice President, stated that there are also a few members of the executive council staff is here as well. He would like to echo` some items of concern because he thinks that we need to view downtown as a neighborhood just as we would view any residential neighborhood. He expects developers when they go into residential neighborhoods to hold meetings where there are associations and go through that process to really vet the concept. He realizes that we want to encourage business. He is excited that Farmers State Bank wants to come down here. He wants to see them down here and wants to see that happen but he thinks there is a process and that could work through the Main Street organization. Through the design council perhaps or even an ad hoc committee to make that process happen to the benefit of everybody. So the information can get out there, so the bars on that block are not surprised, so the residents of Waterloo aren't surprised, so that the other stack holders in • • • • June 21, 2010 Page 5 downtown aren't surprised. It should be treated as a neighborhood and no different than any other neighborhood would be treated. He asked council to table the item so everyone has the opportunity to organize those types of meetings. Certainly Main Street can do the conduit to hold those and organize those types of meetings for the benefit of the city and it certainly would be happy to do that in the short term. Todd Rohlfsen, President of Farmers State Bank, stated that this issue came before him over the noon hour today. Had they realized that it was going to cause a stir they would of approached it differently but again finding out about it at noon was kind of a shock to him. One of the things he feels he needs to point out is he doesn't think it was a hidden issue at all. He sat in council chambers two weeks ago when it first came before the council. There has been no issue, no public comments whatsoever in regards to this issue. They are not trying to hide anything or discourage anybody from doing anything. They started looking for a downtown location months ago. A lot of their customers are located downtown to better serve them. They started looking and looked at various locations. They had various people around town show them various locations. This property is part of a Central Urban Revitalization Area. The deal that they are getting is not something that is out of the ordinary from what he was told. Again, had it been out of the ordinary they would have looked at it differently but they were told it was not out of the ordinary at all. Council saw pictures of the building two weeks ago when they first met. He doesn't think they are going to harm the property whatsoever. He doesn't see that picture that is on the screen right now should be treated any differently than what happens with the Wells Fargo Bank location a block away. If somebody comes and wants to use the bank parking lot they are more than welcome. That is the same thing that happens when he goes to the Brown Bottle; he parks in Wells Fargo parking lot. He thinks that the building will only enhance the property and make a viable parking lot for the after hours businesses or the other bar owners or business located in that area. He stated I apologize if we stepped on anyone's toes, that was not our intention whatsoever. This was the project at hand was what was talked about. We had Eric Johnson from Beecher Law Firm help with this process. We are not trying to hide anything. If the Council wants to table it and have these discussions we are more than happy to talk about it. One thing to refute what Tim says and I respect Tim is that we are not out of town. Our charter sits here in Waterloo and our main office is in Waterloo. We are just expanding into a downtown where we feel we can better serve out downtown customers and hopefully new customers as well in the future. Mayor Clark stated Todd one of the issues is the downtown parking stalls and you and I had a conversation earlier today regarding what your net loss is going to be. Mr. Rohlfson stated, when I drove by there today after I found out about it over the noon hour, I counted 52 give or take one or two that had meters on them. This was at about 1:15ish and there were 10 cars in the parking lot. Along the road, the one-way road, there are 12-14 that don't have meters on them but they say they are reserved for some reason. I don't know what that reason is. If you add them together you have 64 parking spots that are available right there. When we build this building and re -landscape it, the picture was up, we'll have 28 or 29 parking spots that people will be able to use if they go downtown and want to frequent one of the establishments downtown. So there will be a net loss of 30 parking spots. Again, I think what we plan to do to that property, enhance it and things of that nature, more than justifies it. The development agreement is for a buck and there is no doubt about that. That was a deal that was negotiated out. It is not anything out of the norm that anybody else gets or has gotten in the past. That is what we were told and that is what we have went with. That property comes in, we are going to spend a half million dollars. And if that property comes in and for some reason it is assessed at one million dollars we pay property taxes on one million dollars. Up until 2017 I think. Can't squawk about it, won't squawk about it, you will never hear another word from us on it. In that regard we are being upright and making sure we pay our normal property taxes that are due, whatever it is assessed at. Cindy Klechner, Main Street Waterloo 329 E. 4th Street, stated I just wanted to say that I think this is an exciting time. We have people who are seeking out the downtown and we have people who are looking at redevelopment and infill sites in the downtown and I applaud that and I think that shows how far this community has come that you have people who are coming and saying we want to be downtown. I think another great point is that you have people here who are passionate about what is happening downtown. That means that they are invested in their businesses and they are invested in their community. I think these are all great things. I think it just speaks a little bit to communication and having that open relationship so that we do have all these passionate people bringing their vision forward and making sure we have a solid vision as we move forward because I think we all want the same thing. We all want the same end result. We all want a great pleasant exciting downtown and we just want to make sure we get there in the most logical manner. Make sure that everyone is heard June 21, 2010 Page 6 so that no one is surprised. I think we are on a good road and I think that is a good thing. I would just ask the Council to look at sending this back and giving an opportunity to educate people more so that we don't get to a point where it is all hear say or someone doesn't know what is going on. I think that a well- informed decision is the best decision. Mayor Clark stated part of the, I am not going to say lack of communication because that denotes something negative, and this was a project that Noel has been working on for several months with Farmers Bank and I have been aware of it for at least several weeks. One of the reasons that it has gone so smoothly is that it is handled the same as every other economic development project almost that we do within the City. It met all the guidelines. It didn't have to go through Planning and Zoning for a zoning variance so there was no hearing for that. There was no Board of Adjustment hearing because it met all the criteria for that. Two weeks ago I believe is when we had it on our agenda to approve setting the date of hearing for this particular project. So there was an opportunity then for all of the council if they had any questions to speak at that time. It does meet all of our established sale of property guidelines as far as the sale price. And as Todd said we are not giving Farmers State Bank any deal that we wouldn't give anybody that wanted to locate in some of our CURA district or other areas in town. And comments were made that there may be some other people that would like to develop downtown. We would love it if there are some. And if you go through the process and if you want to develop something and build something contact Noel Anderson in our Planning & Zoning Department. If you want to build something downtown we will find you a lot and you will get the same exact deal that Farmers State Bank got. Councilperson Cole stated that among the things that we were accused of this weekend was backroom politics, which I always find exceptionally annoying in particular since it was on the council agenda two weeks ago. How many parking spots exist within a block or block in a half of this area? Could you ballpark it for me? Noel Anderson, there is over 150 to 200 stalls underneath the highway. And of course there is on street parking on Jefferson and Commercial so you are probably looking at somewhere between 200 to 250 stalls within a block in a half. Councilperson Cole asked if that's also along West 5th Street. Noel Anderson responded yes. Councilperson Welper stated that he would like the sale of property policy on the website so that people understand how the policy works. It is not complicated. There is a method of how we determine to sell property. We have known about this, at least I have, for the last three weeks. If we are going to have our taxes go down then we have to make sure that development goes up. It was referred that it was unknown that the lot could be bought for $1.00. Well that is fine but you have to understand that the bank is investing half a million dollars on that property so that property actually pays for itself within eight years. You can't just buy it without doing something like that. So if the bank is in no hurry I have no problem waiting as well but I don't think anything is going to change. I think we're still going to end up selling it to the bank for $1.00. Councilperson Schmitt said he had a couple of questions for Noel. Typically does an item within the city, if the city is selling a piece of city owned property, that doesn't come before Building and Grounds Committee? Noel Anderson said that according to the sale of property policy we go straight to council if it meets the sale of property policy. If someone were to submit something that does not meet the sale of property policy but they still want the council to look at it a council member has to put it on the Building and Grounds Committee for discussion. If there is something that is questionable, whether or not it meets the city sale of property by deducts or something that they are adding in the cost, it gets sent to Building and Grounds Committee for clarification. Councilperson Schmitt asked if we have another form of bank building a few blocks away that is also sitting vacant. Noel Anderson stated that the city does not own the building but the former Midwest One Bank is sitting vacant. He believes that is the one he is referring to next to the Expo area but it is not owned by the City of Waterloo. Councilperson Schmitt stated that I guess my thought, follow-up a little bit of what Councilman Welper said, I do think that this is one of those unique situations when we have a very good potential situation here but I think that Farmers State Bank could kind of come out of this with a black eye because of • • • • June 21, 2010 Page 7 the way this process has been done. I don't want to fault the process but I think it's a lack of communication. I understand David or I or anybody else could have bought that lot. But I don't think a typical businessperson has the time to find out if every vacant lot in the city of Waterloo is owned by the city. I know we've talked about how many pieces that the city owns, is it 1,200? Noel Anderson, stated that years ago we did a study about how many parcels were out there. And there was about 1,200. That is a little bit misleading because a lot of those are pieces of right-of-way when they widened Ansborough. So there is not really 1,200 buildable parcels but there is a large number of parcels that the city owns. Some are buildable and some are not. Some are alleys, some are paper streets. But there is a good amount of land out there. Councilperson Schmitt stated that I would think that it would be to the city's interest to publicize those lots. This particular lot, because of the assessed value of $114,000.00. So, while again I don't fault Farmers Bank and I don't fault the city for the $1.00 arrangement that we have because we have done that with some other folks. This particular lot is a fairly high visibility for those that drive 6th Street everyday. We might have negotiated a better rate. I know we have done that on some other properties. One within the last couple of months over off of Cedar Heights that once it became public the price went up. So I think that the wise thing to do here would be to table this rather than vote it up or down. Get the word out that this lot is for sale and that gives folks the opportunity if they want to compete with Farmers Bank they can. And if they don't then Farmers Bank can buy it and no harm no foul. And then everybody could feel good about it. In the mean time, I empathize with the Main Street folks. I think they are trying to stay within the master plan of downtown. They want to make sure they don't lose the scheme through their design council as I understand it. So I think there are some, again, steps there that in hindsight could have been followed should have been followed. Unless there is a rush to judgment here, I think the wise thing to do would be to again rather than voting this up or down to table it for a few weeks and give everybody an opportunity to participate. Councilperson Greenwood stated I am all for economic development however the solution here for the Farmers Bank seems to be making a obstacle for the existing businesses in the area. I agree with David Deeds and what his comments were. I think there needs to be some communication between the existing businesses and property owners and see if we can't come to some type of solution. I did talk to another business owner that's in close proximity there at Overhead Door. And they said they have equipment and trucks stored out in their parking lot that they utilize for their business which gets trespassed upon quite often as people are looking for parking spots downtown. I think there is not an overabundance of close and Westside surface parking. I think we need to look at the parking solution. I also think that the lot with the type of profile if we did put a sign on there as we did several years ago when we had lots out on Greenhill that were going to sell for $1.00 and then we decided that maybe they have more value. So we put a sign up and we got more money out of it. So I am not supporting this and I guess I would agree to table to see if we could get it resolved. Councilperson Hart stated that you've got to be kidding me today in this council meeting. There was no backroom conversation taking place that was unethical. You have a bank that is willing to move downtown which Main Street encourages businesses to come downtown. This is a bank that wants to move to our downtown area and we want to give the perception as a City Council that we are friendly to businesses. I agree with Councilperson Schmitt comments in regards to put a sign up to let people know, to advertise. But today we have a business that wants to move to our downtown area that is going to increase the property value. That is going to pay taxes on their tax roll. Every year we complain about there is not enough business to increase the tax roll so we don't have to pay higher taxes. I am absolutely stunned today that this is not something that is being supported because this is a good opportunity for our downtown. So I am not supporting tabling this. Councilperson Cole stated that I would concur with Mr. Hart. Kiss economic development goodbye. Here are some people that did everything right and we are saying no, we are not interested and we are going to table it. I am appalled. Councilperson Hart stated that the comment was also stated by the president of the bank that some of the parking lots could actually be utilized in the evenings for Smitty's property or any other folks that want to come downtown to that particular area. Councilperson Schmitt stated that in defense of appalling anybody my motion is to table this so that we can talk about this. So we can talk about this in the light of day. So we can take our time. We can quit rushing to judgement. It has nothing to do with being anti -economic development. And I think Farmers June 21, 2010 Page 8 Bank would probably prefer to have this tabled to a nice leisurely pace now that there has been at least a misunderstanding if not more so. Mr. Rohlfson stated to be quite honest we started hiring people for this location and we didn't think it was going to be that big of an issue. As soon as possible I guess I would ask just because we have things in motion within our four walls and we have ordered equipment and things of that nature that is coming in that we were going to put into place. As soon as you possibly can would be the time frame. Mayor Clark stated that Mr. Schmitt commented earlier that Farmers State Bank is going to get a black eye out of this and he couldn't disagree with that more. Councilperson Schmitt stated that I said they said that they could because of the way that this whole thing blew up. And it was not their fault, I never said it was their fault. It was on two weeks ago. None of us raised an issue about it. None of us said a word. It didn't get a lot of attention. It just kind of flowed through but then over the weekend I think people saw it on the website apparently. But I know it was mentioned at a service club. Mayor Clark stated that it didn't get a lot of attention because it was done exactly the way we do literally hundreds of different economic development sales throughout the year. Councilperson Schmitt asked then why are all of these people in the room. Can everyone stand up that are questioning the sale to the bank. I think that is a little bit more than half. So majority rules in this country. 134718 - Schmitt/Greenwood to table the sale of property for 3 weeks. Ayes: 2. Nays: Cole, Getty, Jones, Welper, Hart. Motion failed. 134719 - Welper/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 134720 - Welper/Hart that "Resolution authorizing said sale and conveyance", be adopted. Ayes: Four. Nays: Getty, Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-499. 134721 - Getty/Cole that "Resolution approving Development Agreement and Mayor and City Clerk authorized to execute same", be adopted. Ayes: Six. Nay: Getty. Resolution adopted and upon approval by Mayor assigned No. 2010-500. 134722 - Hart/Welper that proof of publication of notice of public hearing on Emulsions for Seal Coating Program, as published in the Waterloo Courier on June 17, 2010, be received and placed on file. Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 134723 - Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 134724 - Hart/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Emulsions for Seal Coating Program", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-501. 134725 - Hart/Welper that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-502. • • • • June 21, 2010 Page 9 134726 - Hart/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Streets for review: On file in the office of the City Clerk. Ayes: Seven. Motion carried. 134727 - Schmitt/Hart that proof of publication of notice of public hearing on F.Y. 2010 Dry Run Arch Valve Purchase, Contract No. 793, as published in the Waterloo Courier on June 17, 2010, be received and placed on file. Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. Mary Ball asked is this the one that is going to shut off the water into Liberty and Bontrager Park. Eric Thorson, City Engineer, responded these are replacements for valves that were already there. They weren't working very well in the 2008 floods. So we are purchasing new ones that will be installed at a later time. Ms. Ball asked that it won't affect us. Mr. Thorson responded that these are the storm sewers that come in to that arch. When the arch is running full, the flood is high, it pulls off and with these valves you can force the water. Ms. Ball stated the other night it was running full. 134728 - Schmitt/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 134729 - Schmitt/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Dry Run Arch Valve Purchase, Contract No. 793", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-503. 134730 - Schmitt/Hart that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-504. 134731 - Schmitt/Hart to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount Mellen & Associates, Inc. 6422 Fox Run Drive SW Cedar Rapids, Iowa 52404 $3,640.00 $72,800.00 Red Valve Co. Inc. 600 North Bell Avenue Carnegie, Pennsylvania 15106 $3,635.00 $72,695.00 Ayes: Seven. Motion carried. 134732 - Getty/Schmitt that proof of publication of notice of public hearing on Ridgeway Avenue and Sergeant Road Traffic Safety Improvements, Contract No. 760, as published in the Waterloo Courier on June 17, 2010, be received and placed on file. Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. June 21, 2010 Page 10 134733 - Getty/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 134734 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Ridgeway Avenue and Sergeant Road Traffic Safety Improvements, Contract No. 760", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-505. 134735 - Getty/Hart that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-506. (Bids were opened by IDOT on June 15, 2010) RESOLUTIONS 134736 - Greenwood/Schmitt that "Resolution approving recommendation to select Kueny Architects LLC of Pleasant Prairie, Wisconsin as Public Works Complex Project Architect", be adopted. Ayes: Five. Nays: Schmitt, Hart. Councilperson Schmitt stated that he wanted to ask Mr. Rice to speak. He received a phone call. And on this particular bid we had some local architects that bid and wondered if he talk about a little bit about what your criteria was based on. Mark Rice, Superintendent of Central Garage, stated we sent out request for qualifications to nine separate firms. We formed our review committee. We looked at the qualifications that came in and selected what we felt were the three best to bring in to interview. And of those three we felt that this firm probably met the requirements of what we were looking to do better than anybody else. They have a significant amount of public works construction background. They talk about not only the capital side but also the operational floor of the building. And they just touched on some things that some of the other firms did not touch on. They all did very well but we felt that this was the best firm that we had. Councilperson Hart stated I had this over the weekend to look and could have called but didn't because some other things caught his attention. I guess the only challenge that I do have, were the three that you reviewed any of them from Iowa or Iowa firms. Mr. Rice stated that two of the three actually had local ties. Councilperson Hart stated this is where my challenge is. Were some of the money from I -Jobs that we were going to use for this project. Mr. Rice stated quite a bit of it. Councilperson Hart stated that is kind of a huge challenge for me with a Wisconsin company since some of this is I -Jobs dollars. Were the bids even close? Mr. Rice stated we haven't really gone to a bid process yet. We are trying to select somebody on qualifications that could build what we are looking for. We did some checking and we felt that potentially there might be some issues with I -Jobs using exclusively Iowa firms. That is not the case. We fully expect that when it comes time to build the building the general contract proportion, all of the labor part of it will probably come from the local work force. This is strictly the design function. As I said, two of the three had local ties. But they also relied on partners from outside the city as well. One from Des Moines and one from Chicago. So while they had local ties I would say the line share of the work we would get would still be coming from out of town. Councilperson Schmitt stated but the one was local and Des Moines so that would have been all Iowa right. Mr. Rice stated that is correct. • • • • June 21, 2010 Resolution adopted and upon approval by Mayor assigned No. 2010-507. 134737 - Greenwood/Schmitt Page 11 that "Resolution approving FY 2010 Cooperative Agreement with the U.S. Department of Housing & Urban Development in an amount of $8,500.00 for the Fair Housing Assistance Program, and authorize Mayor to execute said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-508. 134738 - Greenwood/Schmitt that "Resolution approving an increase of ambulance fees by 7 percent, effective July 1, 2010", be adopted. Ayes: Six. Nay: Getty. Resolution adopted and upon approval by Mayor assigned No. 2010-509. 134739 - Greenwood/Schmitt that "Resolution authorizing the City Clerk to certify against certain parcels for: unpaid life safety and rental inspection fees; unpaid garbage and sewer fees; unpaid mowing and lot cleanup fees", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-510. 134740 - Cole/Welper that "Resolution approving renewal of general and auto liability, law enforcement, public officials, errors and omissions, and umbrella insurance for a premium of $859,730.00, together with recommendation of approval of Insurance Committee", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-511. 134741 - Cole/Welper that "Resolution approving renewal of stop loss health insurance for a premium of $621,284.00", be adopted Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-512. 134742 - Cole/Welper that "Resolution approving installation of street light in the t -section of alley located behind 511 Washington Street and 514 Jefferson Street, and authorizing City Clerk to notify MidAmerican Energy", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-513. 134743 - Cole/Welper that "Resolution approving award of bid to Boland Recreation of Marshalltown, Iowa for the Miracle Recreation Equipment Company in the amount of $28,650.00 in conjunction with the Cedar River/Exchange Park Play Structure", be adopted. Ayes: Six. Abstain: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-514. 134744 - Getty/Hart that "Resolution approving Notice of Discontinuation in conjunction with F.Y. 2010 Geraldine Road, Contract No. 767, and authorize Mayor to execute said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-515. 134745 - Getty/Hart that "Resolution approving grant application with Black Hawk County Gaming Association for $117,100.00 to be used for the Waterloo Public Library's RFID conversion project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-516. 134746 - Getty/Hart June 21, 2010 Page 12 that "Resolution accepting the property at 215-217 Courtland Street as part of the Dilapidated Housing -657A Acquisition, and authorize Mayor and City Clerk to sign and fully execute any necessary documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-517. 134747 - Getty/Hart that "Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for CU & Cellar, LLC at 320 E. 4th Street, in the amount of $27,000.00, and authorize Mayor to execute said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-518. 134748 - Schmitt/Welper that "Resolution approving Housing Enterprise Zone Program agreements with Legacy Waterloo, LP; JSA Development; Orr Development; and Russell Lamson, GP, and authorize Mayor to sign and fully execute any necessary documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-519. 134749 - Schmitt/Welper that "Resolution approving Real Estate Purchase Agreement with R and L Investment, Inc. for the acquisition of 1720 Black Hawk Road and land south of the road under Litzkow property ownership in the amount of $250,000.00 plus up to $5,000.00 in closing costs, and authorize Mayor and City Clerk to sign and fully execute any necessary documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-520. 134750 - Schmitt/Welper that "Resolution setting date of hearing as July 12, 2010 to approve the sale and conveyance of 121 Sumner Street to Dave Lederman for $3,000.00 plus costs", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-521. 134751 - Schmitt/Welper that "Resolution approving grant application with U.S. Department of Justice, Office of Community Oriented Policing Services for COPS Secure our Schools Program grant, with 50 percent match to be provided by Waterloo School District, to assist with development of school safety resources", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-522. ORDINANCES 134752 - Hart/Welper that "an Ordinance amending the 2008 edition of the National Electrical Code to clarify and ensure consistency with other City codes", be considered and passed for the third time and adopted. Ayes: Seven. Councilperson Schmitt commended Building Official/Maintenance Official, Debra Anderson. Because during the two week time we took our time and read the second reading and third reading I know she met with a number of developers, builders, downtown property owners and landlord association. A number of folks that I heard were a little bit concerned about the impact of these ordinances. I just wanted to publicly commend her for doing that. She did a great job. Mayor Clark stated I'm glad you did and Debra is doing a great job on many fronts. This is certainly one of them that was laborious and you did a great job. Ordinance adopted and upon approval by Mayor assigned No. 4991. 134753 - Hart/Welper that "an Ordinance amending the 2009 edition of International Fire Code and the deletion of the NFPA 101 and NFPA 1 codes", be considered and passed for the third time and adopted. Ayes: Seven. • • • • June 21, 2010 Ordinance adopted and upon approval by Mayor assigned No. 4992. 134754 - Hart/Welper Page 13 that "an Ordinance amending the 2009 edition of International Mechanical Code to bring consistency and the most up-to-date enforcement policies", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4993. 134755 - Hart/Welper that "an Ordinance amending the 2009 edition of International Property Maintenance Code to bring consistency and the most up-to-date enforcement policies", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4994. 134756 - Hart/Welper that "an Ordinance amending the 2009 edition of Uniform Plumbing Code to bring consistency and the most up-to-date enforcement policies", be considered and passed for the third time and adopted. Ayes: • Seven. Ordinance adopted and upon approval by Mayor assigned No. 4995. 134757 - Hart/Welper that "an Ordinance amending the City of Waterloo Building Code including 2009 edition of International Building Code, International Residential Code and International Existing Building Code with amendments to bring consistency and the most up-to-date enforcement policies", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4996. 134758 - Cole/Welper that "an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. Mayor Clark stated there is a letter of opposition on file by Cheryl Christenson. Mary Ball stated I am very concerned about this 18 percent increase. That is quite a bit for senior citizens that live on social security. Its very, very much. If it was 10 percent it would be one thing. But 18 is a little high. Another thing I want to mention, a few years ago under the other mayor there was a surplus in the fund and they took it to run the city. A lot of people know this. Now is this what they are going to do again at 18. No I object to 18. I think maybe 10 but 18 is too much for senior citizens. Mayor Clark thanked her for her comments and her concern. I'm sure that everyone of us sitting up here if we had the actual option and not do this would certainly not take these steps. We had a relatively lengthy educational process a couple of weeks ago from our Chief Financial Officer kind of explaining why we are going with this or why we are going there. And we are getting an incredible amount of mandated items that we have to do that are coming to us from the EPA to try to get our arms wrapped around our sewer issues and our water issues. So you have a tremendous amount of empathy I am sure from all of us up here. And if any of us saw another way I think we would do it. I can assure you that this money is not going to get put in some fund to use for something else. So I can assure you of that and God bless you for coming up and speaking your mind. We appreciate it very much. 134759 - Cole/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 134760 - Cole/Welper that "an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4997. June 21, 2010 Page 14 OTHER COUNCIL BUSINESS 134761 - Hart/Welper to instruct Police Chief to prepare specifications, bid document, etc. in conjunction with Police Department Body Armor Replacement Program, be received, placed on file and approved. Ayes: Seven. Motion carried. 134762 - Hart/Welper that specifications, bid document, etc. in conjunction with Police Department Body Armor Replacement Program, be received and placed on file. Ayes: Seven. Motion carried. 134763 - Hart/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-523. 134764 - Hart/Welper that "Resolution setting date of hearing on specifications, bid document, etc. as July 19, 2010 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-524. ORAL PRESENTATIONS Councilperson Hart stated that next week we have the From the Heart coming up and it's a project that works with youth to help fix up houses for folks that are in need in our local community. We are actually in a position where we need probably about 55 more ladders. And normally organizations or individuals that would like to help get us some ladders please call 319-291-2163 extension 129. And leave your name, number, what type of ladder that you would have for us to use. We will actually use them from June 27, 2010 through July 3, 2010. And then afterwards we will return those to the owners. And if any ladder is brought back in a condition that is not usable we will get you a new ladder. 134765 - Cole/Hart that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 134766 - Cole/Hart that the Council adjourn at 6:50 p.m. Ayes: Seven. Motion carried. 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