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HomeMy WebLinkAboutMinutes-11/07/2005• November 7, 2005 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, November 7, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Troop 106 - Hoover Middle School - Jay Hoffman. 122505 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, November 7, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 122506 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, October 24, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring November 7 - 12, 2005 as Radiologic Technology Week. CONSENT AGENDA 122507 - Welper/Kincaid 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 AP640, pp. 1-74, dated November 7, 2005, in the amount of $1,870,745.31, 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. 2005-973. 2. Communication from City Engineer transmitting request of Travis Moen for a waiver for a concrete driveway to be located at 3151 Burton Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-974. 3. Communication from City Engineer transmitting request of Don Shirk for a waiver for a concrete driveway to be located at 1314 Vermont Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-975. 4. Communication from City Engineer transmitting request of Michael Roquet for a waiver for a concrete driveway to be located at 913 Adrian Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-976. 5. Communication from City Engineer transmitting request of Bud Baldwin for a waiver for a concrete driveway to be located at 75 E. Airline Highway, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-977. b. Motion -to approve the following: 1. Greg Erie, Police Officer, to attend Basic SRO School in Independence, Missouri on November 27 -December 2, 2005, with costs not to exceed $1,096.25. 1 2, Luke Even, Forestry Foreman, to attend Tree Care Industry Expo in Columbus, Ohio on November 8-11, 2005, with costs not to exceed $950.27, including use of city vehicle. c. Beer License Permit Application Class B La Michuacana Restaurant, 1221 Franklin Street (Renewal) (Expires 11/11/06) (Includes Sunday Sales) Godfather's Pizza, 1946 Schukei Road (Renewal) (Expires 10/31/06) (Includes Sunday Sales) November 7, 2005 Consent Agenda continued Page 2 d. Beer License Permit Application Class C Kum & Go, 3016 Marnie Avenue (Renewal) (Expires 12/10/06) (Includes Sunday Sales) Hy -Vee Wine and Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/06) (Includes Sunday Sales) e. Liquor License Permit Application Class E Hy -Vee Wine and Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/06) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C Club Palazzo, 708 Jefferson Street (New) (Expires 5/17/06) (Includes Sunday Sales) Embassy Lounge, 225 East 5th Street (Renewal) (Expires 11/23/06) (Includes Sunday Sales) Five Sullivan Brothers Convention Center, 200 West 4th Street (Expires 4/30/06) (Includes Sunday Sales) M & M Inc., 1607 Sycamore Street (New) (Expires 11/10/06) (Includes Sunday Sales) Ramada Inn, 205 West 4th Street (Renewal) (Expires 4/30/06) (Includes Sunday Sales) g• Wine License Permit Application Class B Hy -Vee Wine and Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/06) (Includes Sunday Sales) h. Liquor License Permit Application Class A The Supervisors Club, 3265 DeWitt Road (Renewal) (Expires 11/19/06) (Includes Sunday Sales) i. Outdoor Service Area Application Five Sullivan Brothers Convention Center, 200 West 4th Street j Fireworks Display Application Sunnyside Country Club on December 26, 2005 k. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 122508 - Gunderson/Welper that proof of publication of notice of public hearing on Purchase of New Fire Engine, as published in the Waterloo Courier on October 21, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122509 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 122510 - Gunderson/Welper that "Resolution confirming approval of specifications, bidding document, form of contract, etc. in conjunction with Purchase of New Fire Engine", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-978. 122511 Gunderson/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase of New Fire Engine", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-979. 122512 - Gunderson/Welper that request of Fire Chief to move bid opening to November 21, 2005, be approved. Ayes: Seven. Motion carried. 11111 • November 7, 2005 • Hearings & Bids continued 122513 - Gunderson/Welper Page 3 that proof of publication of notice of public hearing on Purchase of Equipment for New Pumper and Replacement of Rescue Equipment, as published in the Waterloo Courier on October 21, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122514 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 122515 - Gunderson/Welper that "Resolution confirming approval of specifications, bidding document, form of contract, etc. in conjunction with Purchase of Equipment for New Pumper and Replacement of Rescue Equipment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-980. 122516 Gunderson/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase of Equipment for New Pumper and Replacement of Rescue Equipment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-981. 122517 - Gunderson/Welper that request of Fire Chief to move bid opening to November 21, 2005, be approved. Ayes: Seven. Motion carried. HEARINGS 122518 - Greenwood/Schmitt that proof of publication of notice of public hearing on request of Nooren Realtors for a site plan amendment to the "C -2,C -Z" Conditional Zoning District for property generally located at the southeasterly corner of Ansborough Avenue and Downing Avenue to allow for expansion onto the front of car wash facility, as published in the Waterloo Courier on October 31, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122519 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported that a petition has been received from five property owners who oppose the site plan amendment because of traffic concerns, and they are concerned with multiple shops in the strip mall it could be hard to control the type of businesses moving into the vacant locations. Don Temeyer, Community Planning & Development Director, stated there has been some discussions on the potential curb cuts, and that is one of the issues of the neighbors that he would like to try work out with Mr. Nooren. Mr. Temeyer recommended this item be tabled for one week to give everyone a chance to work out the access into the area. Greenwood/Clark that petition of opposition be received and placed on file and this item be tabled for one week to allow discussion of the curb cuts. Ayes: Seven. Motion carried. 122520 - Schmitt/Clark that proof of publication of notice of public hearing on request of David Susong to rezone from "R-4" Multiple Residential District to "C -1,C -Z" Conditional Zoning District property generally located at 3641 Kimball Avenue for the purpose of allowing limited commercial uses in the existing professional office building, as published in the Waterloo Courier on October 24, 2005, be received and placed on file. Ayes: Seven. Motion carried. November 7, 2005 Hearings continued 122521 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Page 4 Schmitt/Gunderson that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 122522 Schmitt/Gunderson that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 108 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 122523 - Schmitt/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 122524 Schmitt/Gunderson that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 108 to Section 2A -7N, Conditional Zoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4786. UNFINISHED BUSINESS 122525 - Welper/Kincaid that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $49,858.00, plus $750.00 for winter protection, to D.C. Corporation of Waterloo, Iowa in conjunction with Concrete Replacement at Fire Station No. 1, 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. 2005-982. PETITIONS FROM PUBLIC 122526 - Kincaid/Gunderson that communication from Associate Engineer transmitting request of Lincoln Savings Bank to place 150 feet of drain tile in city right-of-way generally located along the south ditch line on the south side of San Marnan Drive, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-983. 122527 - Kincaid/Gunderson that communication from Senior Planner transmitting request of Richard Helgeson of Arlington Rose to rezone from "R-3" Multiple Residence District and "M-1" Light Industrial District to "R-4,RP" Planned Residence District property generally located along Oak Avenue between Mulberry and Franklin Streets for purpose of constructing a 64 -unit affordable assisted living facility for elderly and low-income seniors, be received, placed on file and "Resolution setting date of hearing as November 21, 2005 at 5:30 p.m. in the City Hall Council Chambers on 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. 2005-984. 122528 - Kincaid/Gunderson that communication from City Planner transmitting Real Estate Purchase Agreement with The Rose of Waterloo L.P. to sell and convey for $1.00 property generally located near the southwest corner of Oak/Franklin Streets intersection, be received, placed on file and "Resolution setting date of hearing as November 14, 2005 at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. • November 7, 2005 • • Petitions from Public continued Prior to a vote on the above motion, the following comments were heard. Page 5 Councilperson Greenwood pointed out that on Items 8 and 9 we are taking a like kind exchange for the land. Council would authorize to sell the land, a little bit over an acre, this property, and in turn we would get an acre of land back on Lafayette and Indiana Streets. Mayor Hurley asked what is the relationship of this action to what we were talking about in the work session just before council meeting. Don Temeyer, Community Planning & Development Director, stated the ROSE project is a Iowa Finance Authority tax collector for affordable housing, so he will be applying for that on November 21, 2005. The ROSE of Waterloo will be rezoning the property and has agreed to transfer the property even though it won't happen unless he gets his tax credits approved by the Iowa Finance Authority. Mr. Temeyer stated it would authorize Mayor Hurley to sign the documents in the future if he gets those tax credits if the hearing is approved and council approves these after the hearings. 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. 2005-985. DOCUMENTS 122529 - Clark/Schmitt that communication from Building Official/Maintenance Administrator transmitting contract in the amount of $49,858.00, plus $750.00 for winter protection, with D.C. Corporation of Waterloo, Iowa in conjunction with Concrete Replacement at Fire Station No. 1, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-986. 122530 - Clark/Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with Ament, Inc. at an estimated cost of $18,200.00 in conjunction with the Virden Creek Tributary Drainage Study Update, 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. 2005-987. 122531 - Clark/Schmitt that communication from Associate Engineer Agreement with Earth Tech, Inc. at an conjunction with Sink Creek Watershed Study and "Resolution approving said agreement", execute same. Ayes: Seven. transmitting Professional Services estimated cost of $27,500.00 in Update, be received, placed on file be adopted and Mayor authorized to Resolution adopted and upon approval by Mayor assigned No. 2005-988. 122532 - Clark/Schmitt that communication from City Planner transmitting Enterprise Zone Agreement with Iowa Department of Economic Development and Three Kids and a Dog LLC for construction of four new homes within Enterprise Zone boundaries, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if there were addresses for the four new homes to be constructed by Three Kids and a Dog LLC. Noel Anderson, City Planner, responded we do have addresses, but he didn't have them with him tonight. Mr. Anderson stated one of them is across from Lafayette Park which is a site that the city sold to them to build a new home. Rudy Jones, Community Development Director, stated he believes Quincy and North Barclay. Mr. Anderson stated they are on the east side, will be stick built and they are building the homes to sell and not for rental property. 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. 2005-989. November 7, 2005 Documents continued 122533 - Clark/Schmitt Page 6 that communication from Community Planning and Development Director transmitting Scope of Services and Purchase Order from Howard R. Green Company at a cost of $75,000.00 for clean up of the former Construction Machinery Company site, 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. 2005-990. 122534 - Clark/Schmitt that communication from Superintendent of Traffic Operations transmitting Professional Services Agreement with Ament, Inc. at a cost of $7,000.00 for preliminary and final design services for Olympic Drive and Ansborough Avenue Traffic Safety Improvement, 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. 2005-991. 122535 - Clark/Schmitt that communication from Community Planning and Development Director transmitting agreement with Howard R. Green Consulting Engineers at a cost of $7,500.00 to prepare U.S. Environmental Protection Agency 2006 Brownfield Assessment grant application, 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. 2005-992. 122536 - Cole/Schmitt that communication from Airport Director transmitting agreement with MOBILEMONEY, Inc. to lease ATM for six months at a cost of $150.00 per month, 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. 2005-993. 122537 - Cole/Schmitt that communication from General Manager of Waterloo Water Works transmitting Release of Real Estate Mortgage with Donald and Karen Macdonald, 138 W. Schrock Road, for payment of Promissory Note and Mortgage in conjunction with 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-994. 122538 - Cole/Schmitt that Final Plat of Anderson's Eighth Addition, together with staff report, aerial photograph, report of City Engineer, certificate of survey and deed of dedication, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-995. 122539 Cole/Schmitt that communication from Assistant City Engineer transmitting Construction Plans for Crossroads Mall North 2005 Sanitary Sewer, as submitted by Schenk Engineering Company of Waterloo, Iowa, and Sewage Treatment Agreement with Iowa Department of Natural Resources, 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. 2005-996. November 7, 2005 • • Documents continued 122540 Cole/Schmitt Page 7 that communication from Assistant City Engineer transmitting Construction. Plans for proposed alley paving improvements for Block 6, Hillside Addition, as submitted by Eschliman Engineering, Inc. of Boone, Iowa, 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. 2005-997. 122541 - Cole/Schmitt that communication from Associate Planner transmitting request of Donna Goetsch for tax exemptions totaling $23,410.00 for 1031 Evergreen Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, 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. 2005-998. 122542 - Schmitt/Kincaid that communication from Associate Planner transmitting request of Gary Hansen for tax exemptions totaling $8,898.00 for 330 Fairfield Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, 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. 2005-999. 122543 - Schmitt/Kincaid that communication from Associate Planner transmitting request of Broadway Laundry, Inc. for tax exemptions totaling $15,830.00 for 1806 Commercial Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, 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. 2005-1000. 122544 - Schmitt/Kincaid that communication from Associate Planner transmitting request of Eugene Schwickerath for tax exemptions totaling $14,500.00 for 825 West 3rd Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, 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. 2005-1001. 122545 - Schmitt/Kincaid that communication from Associate Planner transmitting request of Lowell R. Karsten for tax exemptions totaling $9,792.00 for 957 Fulton Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, 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. 2005-1002. 122546 - Schmitt/Kincaid that communication Arlene Stocks for located in the recommendation of from Associate Planner transmitting tax exemptions totaling $22,906.00 Consolidated Urban Revitalization approval, be received, placed on approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. request of Gerald and for 544 Adrian Street Area, together with file and "Resolution Resolution adopted and upon approval by Mayor assigned No. 2005-1003. November 7, 2005 Documents continued 122547 - Schmitt/Kincaid Page 8 that communication from Associate Planner transmitting request of Kuyr Kendall and Arlene Stocks for tax exemptions totaling $29,786.00 for 536 Adrian Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, 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. 2005-1004. RESOLUTIONS TO BE ADOPTED 122548 - Kincaid/Cole the "Resolution approving request from Mayor Hurley to allocate $50,000.00 of Isle of Capri funds to the Eastside Ministerial Alliance", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated he has been on record concerning the Isle of Capri since it was initially proposed that we would receive that to support public safety initially, then when the Youth Pavilion came up he reluctantly approved that, and there were a couple of other smaller ones but he thinks that money should be put away in its entirety. Councilperson Clark stated the balance of that, which he thinks is $210,000.00, should be left for the General Fund. Councilperson Clark stated he thinks there are probably different opinions as to who we can give it to with no strings attached, so the council has the option of doing anything we want to with it. Councilperson Clark stated he thinks allocating it to social service type agencies is getting on a very slippery slope. Councilperson Clark stated it is no reflection on the EMA, that Reverend Burt and Reverend Robinson are pillars of our community and the good they have done in the black community in the north end and all of Waterloo is immeasurable. However, he just really believes that this money should be set aside and should be put in the General Fund and be kept there for the budgeting process. If that particular thought process is not shared with the rest of the Council, he thinks the very minimum we should do is set some standards for that money, so that there is an application that is designed, an application period that is posted and all agencies have the ability to take advantage of that money, and possibly even a board that would allocate that fund rather than giving it to individual agencies as they come in. Councilperson Clark stated EMA does wonderful work but so do many other agencies that are final safety nets in our area. Councilperson Clark stated today all council members received a letter from a citizen, and council members who have e-mail also received an e- mail from Ms. Barb Grand of Operation Threshold and he shares their concerns with this. Councilperson Clark stated he hopes the council would vote no on this, and if not he thinks council would be remised if we don't set some guidelines for the remainder of this money if we are going to give it away. Councilperson Gunderson stated he talked with Mr. Clark about this today, and he was concerned when he first saw this in his packet the other day. Councilperson Gunderson stated he thinks we are setting a precedence here that is going to come back and haunt the council. Councilperson Gunderson stated he is not going to be able to support this resolution tonight. Councilperson Kincaid stated the Eastside Ministerial Alliance is doing an excellent job, they are in the fourth ward and this money goes to help individuals who are trying to better themselves with trying to get a home and different things, but they just don't quite have quite enough. Councilperson Kincaid stated for the council not to help them, an organization like this that is helping people who are less fortunate in the fourth ward, then he doesn't know what we are about here. Mayor Hurley stated he agrees with Councilperson Clark about the process and when we received this check we knew we were in trouble because when he initially asked for ideas on how to use it we would have had to have $25,000,000 or $26,000,000 to satisfy everyone. Mayor Hurley stated he thinks the track record of EMA is not under question, and he doesn't want to get into a discussion where its them against somebody else. We have a long relationship with EMA and certainly their success has helped the city in terms of our Vision Iowa application because they were a match. Mayor Hurley stated if you read Dr. Robinson's attached documentation you know that they are one of the many agencies and one of the very productive and proficient ones that serve our fellow citizens in tremendous need of basic social services. Social services that we used to fund in a variety of ways and we don't anymore because of normal general fund shortages. Things like the Mayor's Youth Initiative, support of KBBG and other agencies. Mayor Hurley stated he had a discussion with the Board from EMA back in August, pre -Katrina which has only added to their load. • • November 7, 2005 • • Resolutions to be Adopted continued Page 9 Mayor Hurley noted that correspondence unfortunately got lost in his office and when Dr. Robinson did not hear from him after well over a month she contacted him and the need had gotten worse. Mayor Hurley stated the need is there and it just keeps pushing so that is why he proceeded to put it on the agenda tonight. Mayor Hurley stated in terms of the application and the process, he thinks its certainly one that a future council and future mayor is going to have to face when the city starts getting a steady stream of Isle of Capri funding. Mayor Hurley noted the application EMA turned in does follow the format of the Community Foundation which is what we agreed to do for YES funding. Councilperson Welper asked if EMA serves primarily Black Hawk County or just Waterloo. Dr. Mary Robinson stated they serve Black Hawk County from their location. Seven percent of their clientele are from Cedar Falls, 53 percent are from East Waterloo, 36 percent are from West Waterloo and 5 percent are from other areas of the county. Dr. Robinson stated 70 percent are females, 30 percent are male, 53 percent are African American, 39 percent are EuroAmerican, 4 percent are Eastern European which would be Bosnian, Croatian or other Bosnian, 2 percent are Hispanic and 2 percent are others. The age range they serve is just under the age of 18 all the way up to over 65. The education of the people is 5 percent have middle -junior high grade school, 21 percent have some high school, 30 percent have graduated from high school, 15 percent have received their GEDs and 23 percent have some college. Dr. Robinson stated the African American percentages are going down while the EuroAmerican percentages are going up as well as the Bosnian percentages. Dr. Robinson stated they serve a wide range of community, and they don't turn anyone down. Dr. Robinson stated with the advent of the hurricanes they have been absolutely swamped and overwhelmed. If they were not there to help them she really doesn't know what the city would do. Dr. Robinson stated she is not in love with gambling and did not realize that it would be coming from the Isle of Capri, but money spends and the people they help don't ask us where it comes from. Dr. Robinson stated they need the help, and she thinks it is time that EMA did not do it alone. Dr. Robinson pointed out that the funds to build EMA was used as a match by the city in order to write a successful Vision Iowa application, and she thinks that means something. Councilperson Welper stated the reason why he asked the question is that the revenues from gambling was to be distributed among the people of Black Hawk County, and this is an excellent opportunity for us to distribute it to the least fortunate people, Councilperson Welper stated this may be just a one time shot for us to be able to give this much money but he truly supports doing this. Councilperson Gunderson asked how long will this money last EMA for their staffing and operations, how long will EMA be able to operate with this amount of money, and would this get them through mid -spring or how long. Dr. Robinson responded she thinks they are probably looking at mid -spring. Dr. Robinson stated they are looking at gap funding, they are not looking at coming back here every other month, but they are just looking at gap funding. Councilperson Gunderson stated the additional information has changed his opinion a little. Councilperson Greenwood noted EMA has a free medical clinic on Thursday nights for the uninsured and underinsured and asked if a lot of people fall through the cracks and are not able to be served by Community Peoples Clinic. Dr. Robinson responded that is correct. Dr. Robinson stated sometimes they get Peoples Clinic's overflow, and the percentages she shared earlier do not include the medical clinic. In the medical clinic in the first three quarters of the year, of the 515 patients that they saw 60.4 percent were EuroAmerican, while only 18 percent were African American, 8 percent were Asian, 10 percent were Hispanic and 22 percent were other. Almost 95 percent have no insurance at all or are totally underinsured. Many of the people they help provide prescription meds just don't have it. Dr. Robinson stated they have seen everyone from birth all the way to 65 years or older with the largest group that they see are people who are 18 to 54 years of age, and 263 of the people they saw were for basic preventative and curative care. EMA saw 226 patients for treatment of chronic illness that needed their care. Councilperson Greenwood asked if any of the people are Title 19 eligible and does EMA steer them in the direction of DHS. Dr. Robinson responded they always do, and especially if they come through the intake process for prescriptions. Dr. Robinson noted they also work very closely with the county as well as with DHS, but these are people who have no place else to go. November 7, 2005 Resolutions to be Adopted continued Page 10 Councilperson Cole stated she recognizes the need for a process and an application to handle the windfall the city will be receiving, but in this case Dr. Robinson and Reverend Burt do an excellent job at EMA, and she thinks we desperately need to help them in their hour of desperation. Councilperson Cole thanked them for the job they do. Councilperson Schmitt stated he agrees that the city needs some type of process in place because this is going to continue to come up in the future. We can take this application for request for funds from EMA and we could substitute any of a half dozen social organizations and the stories are going to read the same. Councilperson Schmitt stated he supports this motion tonight because there is a big difference between gap funding and adding additional intake staff that the money will be required again and again and again. Councilperson Clark stated he thinks there needs to be a concurrence that we do need to establish some criteria now for future requests that are bound to come so that we don't deal with them individually and that we have a process in which we can evaluate these requests. Mayor Hurley stated in 2007 when those funds start flowing in, we may be able to mirror the process that the Black Hawk Gaming Association uses. Councilperson Clark stated that assuming this resolution passes, there will now be $140,000.00 or $160,00.00 left, and there are going to be $560,000.00 worth of requests after we grant this, and the council needs to address it before 2007. Mayor Hurley stated he feels the council needs to talk about that because if we say we are going to have a process in inference then we are saying we are opening that $160,000.00 up, and he thinks the council needs to decide that. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Clark. Resolution adopted and upon approval by Mayor assigned No. 2006-1005. ORDINANCES TO BE ADOPTED 122549 - Councilperson Welper stated two weeks ago he tabled this ordinance to tonight's meeting, and tonight he would like to table it indefinitely. Councilperson Welper stated there is a new proposal that will be mailed by Traffic Operations this week to the residents on Vegas Court and Euclid Avenue. Welper/Gunderson that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (400) Vegas Court of Section 551, Parking Prohibited at All Times on Certain Streets; and enacting in lieu thereof a new Subsection (115a) Vegas Court of Section 553, No Parking Here To Corner (no parking on the south side of Vegas Court approximately 20 feet off of Euclid Avenue)", be tabled indefinitely. Ayes: Seven. Motion carried. NEW BUSINESS 122550 Gunderson/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,114.68 for work performed by the Water Works at 63 Lafayette Street, together with recommendation of approval of Waterloo 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. 2005-1006. 122551 - Gunderson/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,000.00 for work performed by the Water Works at 1025 Williston Avenue, together with recommendation of approval of Waterloo 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. 2005-1007. November 7, 2005 • • New Business continued 122552 Gunderson/Welper Page 11 that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,362.18 for work performed by the Water Works at 1332 Walker Street, together with recommendation of approval of Waterloo 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. 2005-1008. 122553 Cole/Schmitt the "Resolution approving request from City Attorney for approval to associate with labor counsel Michael Galloway at the rate of $140.00 per hour on an as - needed basis during upcoming negotiations on collective bargaining agreements", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Cole asked Jim Walsh to explain why we need to hire an outside attorney for the upcoming negotiations. Jim Walsh, City Attorney, stated there are multiple collective bargaining agreements that are up for renewal this year, which is a sporadic process for which we do not keep staff on hand year round. Mr. Walsh stated when contracts come up once a year or once every two, three or four years you don't want to have a labor lawyer sitting around all those years waiting for a question. Mr. Walsh stated in this case, labor law being a specialty, you want to find someone who keeps up with the labor laws continuously. There are many cases, regulations, new laws, changes in that field from time to time, so he is asking to associate with labor counsel from Des Moines. Mr. Galloway is highly recommended. Mr. Walsh stated Bob Stringer, Human Resources Director, has worked with him in selecting Mr. Galloway, and they feel Mr. Galloway will work with them and economically work with them to resolve any labor questions, any labor law questions that come up during this process. Mr. Walsh stated they feel they can keep the cost under control by using this as -needed consultation rather than have someone here all the time more continuously through the process. Mr. Walsh stated all five bargaining contracts are up this year. Councilperson Gunderson stated the last time he was involved with negotiations with the city and we used a labor counsel lawyer at that time, he was very beneficial in our negotiations with the union. Councilperson Gunderson stated what we are doing here is not out of place or unusual for a city of our size to get assistance on doing this. Mr. Walsh stated the city did have a gentleman that we consulted with four years ago who has retired since then so we had to go out for a new person. Councilperson Clark asked if there was any idea what the total is going to be on this or how many hours might be spent. Mr. Walsh responded that is why he put it down for as needed. The difficulty is right now we don't know whether we are going to reach a pattern agreement early on, we don't know whether there's going to be a need for mediation or even arbitration. Tom Powers stated he has done some negotiations in the past, and he asked if this person is going to be involved in the entire process in terms of just sitting in the mediations or is he a phone call away for those labor type questions that will be asked. Mr. Walsh responded he thinks that is the same type of question that Councilperson Clark was asking and the answer is we don't know now. We don't know how its going to go, the policy decisions are going to be made here. We intend to fully brief council from time to time as the process goes on. Council will guide us as to how they want to proceed. How far this goes is a question that can't be resolved in advance until we see which position each side takes. Mr. Walsh stated he expects Mr. Stringer is going to bear the bulk of the burden in getting everything ready and marshalling the team, and the Finance Director is going to have a lot of work to do. We have all sorts of people who will play little roles, and Mr. Stringer is going to be the quarterback as this process moves along subject to Mayor and Council directions. Mr. Powers stated he appreciates that, and he would like to comment that this process has worked very well in Waterloo over the years, and that its probably going to be an unreasonable approach from the city as well as an unreasonable approach from the bargaining units as well. Mr. Powers stated he doesn't want to get a bunch on money tied up early on in this process. November 7, 2005 Page 12 New Business continued Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2005-1009. ORAL PRESENTATIONS 122554 - Marilyn Metzner, 644 W. Donald Street, stated the Donald Street bike trail was discussed at a meeting on November 3, 2005, and at the beginning of this meeting they stated there was no cost to the citizens for this bike trail that they wanted to put on Donald Street. At the November 3, 2005 meeting they said the bike trail is coming down Donald Street, but she is not sure what location on Donald Street. At the meeting, they said they are going to pay 90 percent of the cost out of the city and they expect citizens to pay 20 percent of this bike trail. Don Temeyer, Community Planning & Development Director, stated the city does have a project on Donald Street, and there have been several public meetings to try and figure out where it should go. Mr. Temeyer stated he was not at the meeting, but the individual property owners are not required to pay the match, as it will be paid by the city. Mr. Temeyer stated he has been at several of the meetings, and he thinks they have tried to get that clear. Jimmy Ellis, from Ament Engineering, is the consultant that the city is using to do the project. Mr. Temeyer stated if it was confusing or somehow it came across that the citizens themselves have to pay the match that is not true. The city is still trying to figure out where it should go and that's why we have been out talking about the different proposals. Mr. Temeyer stated we have approved the contracts, and when the construction finally is designed and the location is decided, the city will pay the match for the project through our taxpayers so citizens will be paying part of that through normal taxes. Ms. Metzner asked if the city has decided which area on Donald Street the bike trail will be coming down. Mr. Temeyer stated on November 3, they did present a preferred recommendation from the staff to the citizens, and that will come to the council and they will either agree or disagree with that in the future, but it has not been decided yet. Mayor Hurley stated there is a recommendation and we are taking that to the public and getting feedback, and then all of that will come back to this body to set the policy, to make the decision. Ms. Metzner stated if people want the bike trail on Donald Street that is okay, but citizens should not have to pay anything out of their property taxes like we already pay the road tax when were driving. Ms. Metzner suggested the city think about people maybe paying $10.00 for a license on their bicycles to help pay the costs of construction. Rodney Pearce, Vice President and Operations Manager of Metro Tax Incorporated, stated a while back council passed an ordinance for taxicabs to require safety inspections and taxi meters, and he is confused as to why his competitor is still allowed to operate vehicles without taxi meters, and why he has not received his inspection stickers for his cabs. Mr. Pearce stated it says right in the ordinance that they must be placed in a noticeable area of the vehicle, but he has never received an inspection sticker, and he has spent good money having his cabs inspected and good money having taxi meters put in his cabs. Mr. Pearce stated customers appreciate that; however, they do not appreciate it when they ride with his competitor who charges different rates as they have no taxi meters whatsoever. Mr. Pearce asked why his company is running taxi meters and his competitor is not, and what is being done to enforce it. Nancy Eckert, City Clerk, responded when Mr. Pearce's competitor applied for the license, he had two vehicles that he licensed and both vehicles had the meters in them. Both vehicles were inspected under the 22 -point inspection and through the Black Hawk County Health Department. Ms. Eckert stated those are the only two vehicles that the council has approved for Mr. Pearce's competitor. Mr. Pearce stated those two vehicles are on the road right now without taxi meters and asked why. Ms. Eckert responded she inspected the vehicles and he had the meters attached to the vehicles. Mr. Pearce stated so they were attached but were they functional, and Ms. Eckert responded yes. Mr. Pearce asked how Ms. Eckert would know they were functional, and Ms. Eckert responded he started the cars in the parking lot and both of them were working properly. November 7, 2005 • Oral Presentations continued Page 13 Mr. Pearce asked what is going to be done about him not having taxi meters now. Ms. Eckert responded we can have somebody go out and look at the two that have been approved to make sure the meters are still in the cabs. Ms. Eckert noted the cab companies were suppose to get the inspection sticker from the place that performed the inspection. Mr. Pearce stated that was something that was not clarified with the places that did the inspections, and half the places didn't know anything about the inspection let alone anything about a sticker. The way that it reads in the ordinance, its understandable to him and his competitor that the sticker would come from the City of Waterloo upon completion and approval of these vehicles. That's the way other cities like Chicago do it. They give them a medallion once that vehicle has passed the inspection, the city approves it, the city gives them a medallion to place on their vehicle to show that that vehicle has passed city standards. Ms. Eckert stated she thinks Mr. Pearce and she had this conversation and she informed him he would need to get the sticker from the business who performed the inspection. Mr. Pearce stated there is no place in this town that inspects vehicles that have inspection stickers since the State of Iowa dropped the inspection law, so that will have to be something that the city will need to clarify with these places that do the inspections. Ms. Eckert stated the Mr. Pearce has a copy of his inspection sheet that he can have on file in his vehicles. Ms. Eckert stated she thinks Mr. Pearce and she has this conversation that he would need to get the sticker from wherever did the inspection, and that is what we thought would happen when we wrote the ordinance. Mayor Hurley stated he appreciates the critique on the process and that is certainly something that city can look at. Mr. Pearce stated the other issue he has is a situation that happened with two incidences with the Police Department this weekend that he is not happy about. On Friday one of his vehicles was rear ended by a hit and run driver, and he had a passenger in his vehicle who was taken to the hospital by ambulance, and no police report was filed. Mr. Pearce stated he was upset and called the police and demanded they come back to file a report which they did. Turns out the vehicle had stolen license plates on it, they have no idea who it belongs to, now he has a passenger who came back on him for his medical expenses. Mr. Pearce stated he is insured, that is not a problem, he just feels that it is wrong for a commercial vehicle when a passenger was transported to the hospital by ambulance why no police report was filed on the scene at the time. Mr. Pearce stated the other situation they had was the other night the Pub Crawl was downtown, and he was asked by the Waterloo Convention & Business Bureau to participate in the pub crawl because he has done so every year since he has been opened. Saturday night one of his taxi cabs was pulled up in front of the Kings & Queens Bar, and an officer came up and told his cab driver that he needed to move the car. Mr. Pearce stated he was there and asked the officer what was the problem and the officer said the cab was parked in front of the bar with his flashers on. Mr. Pearce stated he told the officer of course, that is his job, he is here to pick up passengers. The police officer said the driver must maintain a rolling status and it is illegal to park in the street. Mr. Pearce stated his cab moved and they pulled in a school bus, which double parked for over 45 minutes in that same location, and he does not see the fairness in this. Mr. Pearce stated they were told they had to maintain a rolling status and asked how can they pick up passengers if they are not allowed to stop Mr. Pearce stated when he called and asked the watch commander, the watch commander laughed at him and said Mr. Pearce would have to figure that out for himself. Mayor Hurley stated it was the first time he had heard of this, and he was sure that the Police Chief and he will have a discussion on it. Mayor Hurley suggested Mr. Pearce have a conversation with the Police Chief. Mr. Pearce stated if a taxi cab driver is there to do his job, they are there to stop to pick up passengers and are told that it is illegal to park there, then why did that same officer motion the bus to come in and stop and park in that same location for over 45 minutes. Mr. Pearce asked if it was illegal for him why wasn't it illegal for the bus. Mr. Pearce stated he would like to see that this never happens again as he is trying to provide a service that the city asked him to do, they called him and asked him, and he insured extra vehicles and hired extra drivers. Mayor Hurley stated there probably is some way that we can link his services to the Pub Crawl but outside of that how does an officer know whether the vehicle is there associated with a special event, which the school buses were. November 7, 2005 Oral Presentations continued Mr. Pearce stated it shouldn't matter either way, the law is a law. If its illegal for him to park there, its illegal for a school bus to park there. No parking is double parking regardless of who they are or why they are there. Mr. Pearce stated he was there for the same purpose that that school bus was there, the Pub Crawl, to pick up patrons from the bars to get them home safely. Mayor Hurley stated the Police Department will be in contact with Mr. Pearce, but he does not have the answer until he sees the report. Page 14 Mr. Pearce stated he was supposed to be contacted today by the officer to let him know, but he found the vehicles registered to a person on Sherman Avenue and went over and talked to that person and he said that it wasn't going to go down like that. Mayor Hurley stated the Police Department will follow up with Mr. Pearce. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 122555 - Welper/Kincaid that the council adjourn to Executive Session at 6:44 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of Rath Maintenance Building and properties located within the block bounded by Sycamore Street, Lafayette Street, 7th Street and 8th Street is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2005). EXECUTIVE SESSION 122556 - Welper/Kincaid that the council adjourn Executive Session at 7:07 p.m. Ayes: Seven. Motion carried. 122557 - Schmitt/Clark that staff be authorized to proceed with negotiations. Ayes: Seven. Motion carried. ADJOURNMENT 122558 - Gunderson/Kincaid that the Council adjourn at 7:08 p.m. Ayes: Seven. Motion carried. Nancy`Lckert, CMC City Clerk