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HomeMy WebLinkAboutMinutes-09/26/2005• • September 26, 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, September 26, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director. 122338 - Welper/Kincaid that the Agenda, as amended to delete Item 24, for the Regular Session on Monday, September 26, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 122339 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session 2005 Regular Session, at 5:30 p.m. and September 22, accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring October 1, Buddy Walk Day. Mayor Hurley read a Proclamation declaring October 2 - Awareness Week. on Monday, September 19, 2005 Special Session, be 2005 as Down's Syndrome 8, 2005 as Mental Illness Mayor Hurley read a Proclamation declaring the second week of October 2005 as Earth Science Week. Mayor Hurley recognized Ethel Washington, Director of Waterloo Housing Authority, and her staff for receiving a score of 98 out of 100 from an assessment performed by U.S. Department of Housing and Urban Development. Mayor Hurley recognized Michelle Weidner, Chief Financial Officer, and her staff for receiving a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the city's Fiscal Year ending June 30, 2004 Financial Report. Ms. Weidner will be presented a Financial Reporting Achievement Award. CONSENT AGENDA 122340 - 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. 1-73, dated September 26, 2005, in the amount of $1,769,874.28, 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. 2005-864. 2. Communication from City Engineer transmitting request of David H. Tjaden for a waiver for a concrete driveway to be located at 1348 Jersey Lane, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-865. 3. Communication from City Engineer transmitting request of Crystal Distribution Services, Inc. to be allowed to place asphalt in the area between the back of the curb and the right-of-way line at 1442 Sycamore Street. Resolution adopted and upon approval by Mayor assigned No. 2005-866. 4. Communication from Police Chief transmitting request of Rachael Goings to hold CROP WALK on October 2, 2005 starting at 1:30 p.m., with walk to begin and end at Bethel Presbyterian Church, 930 W. 4th Street. Resolution adopted and upon approval by Mayor assigned No. 2005-867. September 26, 2005 Consent Agenda continued Page 2 b. Motion -to approve the following: 1. Scott Lake, Police Investigator, to attend Analyst's Notebook Workshop in Sacramento, California on October 9-15, 2005, with costs not to exceed $2,930.19. 2. Brian Krischke, Fair Housing Coordinator; and David Meeks, Executive Director of Human Rights, to attend Equal Opportunities Law Update Seminar in Lawrence, Kansas on October 17-20, 2005, with costs not to exceed $1,445.32. 3. Aaron McClelland, Police Officer; Dave Mohlis, Police Sergeant; and Brooke Carter, Police Sergeant, to attend Instructor Development Class in Des Moines, Iowa on December 5-9, 2005, with costs not to exceed $1,079.00, including use of city vehicle. 4. Representative of Sandy Law Firm to attend Arbitration Meeting in Waterloo, Iowa on August 18-19, 2005, with costs not to exceed $260.68. c. Beer License Permit Application Class B Gates Park Golf Course, 820 East Donald Street (Renewal) (Expires 10/3/06) (Includes Sunday Sales) d. Beer License Permit Application Class C Kum & Go, 1976 Franklin Street (Renewal) (Expires 11/2/06) (Includes Sunday Sales) Crossroad BP, 2035 E. Mitchell Avenue (New Owner) (Expires 10/1/06) (Includes Sunday Sales) Sunrise, 1027 E. 4th Street (Renewal) (Expires 9/14/06) (Includes Sunday Sales) Citgo Mart, 515 Broadway Street (Renewal) (Expires 10/4/06) (Includes Sunday Sales) Kum & Go, 1104 Washington Street (Renewal) (Expires 11/2/06) (Includes Sunday Sales) Kum & Go, 117 E. San Marnan Drive (Renewal) (Expires 11/2/06) (Includes Sunday Sales) Aldi Inc., 1918 Schukei Road (Renewal) (Expires 11/3/06) (Includes Sunday Sales) e. Wine License Permit Application Class B Sunrise, 1027 E. 4th Street (Renewal) (Expires 9/14/06) (Includes Sunday Sales) Citgo Mart, 515 Broadway Street (Renewal) (Expires 10/4/06) (Includes Sunday Sales) Kum & Go, 1104 Washington Street (Renewal) (Expires 11/2/06) (Includes Sunday Sales) Kum & Go, 117 E San Marnan Drive (Renewal) (Expires 11/2/06) (Includes Sunday Sales) Aldi Inc., 1918 Schukei Road (Renewal) (Expires 11/3/06) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C Rudy's Taco, 2401 Falls Avenue (Renewal) (Expires 9/27/06) g. Cigarette/Tobacco Permit Application Crossroads BP, 2035 E. Mitchell Avenue Diamond Bar, 313 W. 5th Street h. Fireworks Display Application Columbus High School, 3231 W. 9th Street on October 7, 2005 i Outdoor Service Area Application Gates Park Golf Course, 820 East Donald Street j. Bonds. Ayes: Seven, with Councilperson Cole abstaining on payment in the amount of $362.80 for expenses for attending Iowa League of Cities meeting, Councilperson Schmitt abstaining on payment in the amount of $362.80 for expenses for attending Iowa League of Cities meeting and Councilperson Clark abstaining on payment in the amount of $633.75 for payment to CEEJ, Inc. for liquor license refund. Motion carried. • • September 26, 2005 HEARINGS 122341 - Gunderson/Welper Page 3 that proof of publication of notice of public hearing on City's request to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District approximately 70 acres of land generally located between Martin Luther King Jr. Drive and Independence Avenue, east of Bishop Avenue for purpose of future expansion of the Northeast Industrial Park, as published in the Waterloo Courier on September 9, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122342 - 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 and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on filed. Ayes: Seven. Motion carried. 122343 - Gunderson/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 373 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 122344 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 122345 - Gunderson/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 373 to Section 2A-5, Rezoning 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. 4784. 122346 - Kincaid/Welper that proof of publication of notice of public hearing on Development agreement with R & B Enterprise LTD Corp to sell and convey for $1.00 a 54.84 acre site generally located west of the creek and west of the existing Northeast Industrial Park to develop a home manufacturing plant for development of factory stick -built homes, with a minimum taxable value of $10 million and tax rebates for five years at 50 percent, as published in the Waterloo Courier on September 20, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122347 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Neal Shoff, representing Great American Mortgage Services which is arranging construction services for this project, read a letter from Great American Mortgage concerning the Development Agreement reading that it is with R & B Enerprise LTD Corp. instead of R & B Enterprises LTD Corp. with no assignee. Mr. Shoff stated R & B Enterprises LTD Corp. is the sales and development and showcase of homes, and Showcase of Homes LLC is the manufacturing plant. Mr. Shoff asked the city to have the development agreement and deed to read Showcase of Homes LLC or assignee. Mr. Shoff stated he understands there is a process involved in making these changes, but hopes it can be done in a timely manner. Mr. Shoff stated Ricky McCloud is CEO of both sales and development, which is R & B and the manufacturing facility, which is Showcase of Homes LLC. All documentation to the city with engineering drawings have been referenced as Showcase of Homes. Mayor Hurley asked the council to table this item because the city did get a request for a name change late Friday, and it will have to go through the process. Mayor Hurley stated the city is working with all the parties and looking forward to a successful end and having the good jobs aiid investment in Waterloo, but the names have to be substituted which is going to take some due process. Welper/Kincaid that the hearing on the agreement be tabled. Ayes: Seven. Motion carried. September 26, 2005 Hearings continued 122348 - Welper/Kincaid Page 4 that proof of publication of notice of public hearing on request of R & B Enterprises LTD Corp for a site plan amendment to the "M -2,P" Planned Industrial District for construction of home manufacturing plant on property generally located between Newell Street and Martin Luther King Jr. Drive in the Northeast Industrial Park, as published in the Waterloo Courier on September 20, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122349 - 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 and recommendation of approval of Planning, Programming and Zoning Commission be received and filed. Ayes: Seven. Motion carried. 122350 - Welper/Gunderson that "Resolution approving said site plan amendment", be adopted Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-868. PETITIONS FROM PUBLIC 122351 - Schmitt/Clark that communication from Senior Planner transmitting request of Schenk Engineering on behalf of Nooren Realtors for aksite plan amendment to the "S-1" Shopping Center District for property generally located west of 1535 Flammang Drive for the purpose of constructing a 14,950 square foot commercial building to be broken into 9 equal bays of 1,661 square feet, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 10, 2005 at 5:30 p.m. in the City Hall Council Chambers on above said request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-869. 122352 - Schmitt/Clark that communication from City Planner transmitting request of Commercial Horizons for a site plan amendment to the "S-1" Shopping Center Commercial District for property generally located at the southwest corner of Sears Street and San Marnan Drive for construction of an Advanced Auto and retail development, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 10, 2005 at 5:30 p.m. in the City Hall Council Chambers on above said request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-870. 122353 - Schmitt/Clark that communication from City Planner transmitting request of Deer Creek Development for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at the northeasterly corner of Greyhound Drive and Highway 63 for purpose of construction of a Gold's Gym and convenience store development, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 10, 2005 at 5:30 p.m. in the City Hall Council Chambers on above said request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-871. REPORTS 122354 - Gunderson/Schmitt that communication from Chief Financial Officer transmitting 2005 Annual Financial Report for City Streets to be filed with the Iowa Department of Transportation, be received, placed on file and "Resolution approving said report", be adopted and report be filed with the Iowa Department of Transportation. Ayes: Seven. Resolution adopted and upon approval by Mayor assign g No: 2005-872. September 26, 2005 DOCUMENTS 122355 - Cole/Schmitt • Page 5 that communication from Senior Planner transmitting Preliminary Plat of Anderson's Eighth Addition, together with preliminary plat, staff report, aerial photograph of the area and report of the City Engineer, be received, placed on file and "Resolution approving said preliminary plat", be adopted Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-873. 122356 - Cole/Schmitt that communication from Senior Planner transmitting Final Plat Isle of Capri Addition, together with staff report, aerial photograph of the area, final plat, certificate of survey, legal description, report of City Engineer and deed of dedication, be received, placed on file and "Resolution approving said final plat", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark asked if the Final Plat Isle of Capri Addition is just dealing with the plat and does not have anything to do with uses. Don Temeyer, Community Planning & Development Director, responded that is correct. The final plat outlines the lot and makes it legal for them to transfer that specific piece of property, and in fact it is really only one lot. Mr. Temeyer stated this property is being sold by the Bertches to Isle of Capri. 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. 2005-874. 122357 - Cole/Schmitt that communication from Assistant City Engineer transmitting Change Order No. 2 for a net decrease in the amount of $3,501.03 for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2005 Prospect Blvd. Alley and Rush Street Storm Sewer Improvements, Contract No. 694, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 122358 - Cole/Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of work performed by Peterson Contractors, Inc. of Reinbeck, Iowa at a total cost of $51,196.60 in conjunction with F.Y. 2005 Prospect Blvd. Alley and Rush Street Storm Sewer Improvements, Contract No. 694, be received, placed on file and "Resolution approving said documents", be adopted be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-875. 122359 - Cole/Schmitt that communication from Community Development Director transmitting FY05 Consolidated Annual Performance and Evaluation Report (C.A.P.E.R.) for CDBG and Home Program activities for the period of July 1, 2004 through June 30, 2005, be received, placed on file and "Resolution approving submission of said report", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-876. 122360 - Clark/Gunderson that communication from Associate Engineer transmitting proposal from Qwest to place a fiber optic line along the east side of Ansborough Avenue from Black Hawk Road to the John Deere Credit Union at 1827 Ansborough Avenue and to hang the conduit from the Ansborough Avenue Bridge over Black Hawk Creek, be received, placed on file and "Resolution approving said proposal", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-877. September 26, 2005 Documents continued 122361 - Clark/Gunderson Page 6 that communication from City Engineer transmitting Construction Plans for Summerland Farms Addition 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 authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-878. 122362 - Clark/Gunderson that communication from Senior Planner transmitting Memorandum of Agreement with Iowa Northland Regional Council of Governments (INRCOG) at a maximum cost of $3,000.00 to prepare Statewide Enhancement grant for development of enhancements and overlooks to the downtown trail system, 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. 2005-879. 122363 - Clark/Gunderson that communication from Senior Planner transmitting application with Iowa Department of Transportation for Statewide Enhancement grant for the development of trail enhancements and overlooks for the downtown trail system at an estimated cost of $647,680.00, with required city match of 30 percent, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-880. 122364 - Clark/Gunderson that communication from Mayor Hurley transmitting grant with Community Foundation of Waterloo/Cedar Falls and Northeast Iowa in the amount of $1,839.00 for establishment of website as part of the Black Hawk County Disaster Relief Project to assist Hurricane Katrina Evacuees, be received, placed on file and "Resolution approving said grant", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated we are using City Hall to request a grant from the Community Foundation, no public monies are involved, and that he has been told the monies have already been donated for this purpose. 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. 2005-881. RESOLUTIONS TO BE ADOPTED 122365 - Greenwood/Cole that "Resolution naming a private street generally described as the northerly extension of public A -B Avenue as A -B Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-882. 122366 - Greenwood/Cole that "Resolution naming a private street generally located between Toland Avenue and Manitoba Avenue, just south of Independence Avenue as Cecelia Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-883. 122367 - Greenwood/Cole that "Resolution authorizing $48,000.00 GO Bond funds be the housing demolition/vacant and dilapidated property Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. • • set aside to continue process", be adopted. 2005-884. September 26, 2005 • • Resolutions to be Adopted continued 122368 - Greenwood/Cole Page 7 that "Resolution authorizing allocation of $8,000.00 discretionary hotel/motel funds to the Grout Museum", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-885. ORDINANCES TO BE ADOPTED 122369 - Gunderson/Welper that "an Ordinance fixing the compensation of Mayor and Council Members of the City of Waterloo, Iowa and rescinding Ordinance No. 4750 and Ordinance No. 4054 (establishing mayor's salary at $66,000.00 per year and council members' salary at $7,000.00 per year, with annual salary adjustment equal to the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers)", be received, placed on file, considered and passed for the second time. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated there is never a good time for an increase, but there are some that are better, and he thinks this is a terrible time. Councilperson Clark stated he opposes the increase in salaries and really disagrees with the automatic increases. Councilperson Greenwood stated he has a problem with the annual salary adjustment. Councilperson Greenwood stated he would support the raise as he thinks it is well-deserved for the job the mayor does and the city not have a city manager. Councilperson Greenwood that he is not in favor of tying it to an automatic adjustment. Mayor Hurley stated he would like to remind everyone that the raise is not directed to anyone personally, but for the offices and positions. Councilperson Kincaid stated he works at John Deere, and they have cost of living raises in their contract, but there are a lot of times when the Consumer Price Index does not fluctuate at all and takes away from their earnings because of the way it is set up. Mayor Hurley stated he thinks there are provisions in the ordinance that it would not take money away, there just would not be an increase that year. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Greenwood, Clark. Motion carried. 122370 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 122371 Gunderson/Welper that "an Ordinance fixing the compensation of Mayor and Council Members of the City of Waterloo, Iowa and rescinding Ordinance No. 4750 and Ordinance No. 4054 (establishing mayor's salary at $66,000.00 per year and council members' salary at $7,000.00 per year, with annual salary adjustment equal to the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers)", be considered and passed for the third time and adopted. Ayes: Five. Nays: Greenwood, Clark. Ordinance adopted and upon approval by Mayor assigned No. 4785. NEW BUSINESS 122372 Schmitt/Clark that communication from Superintendent of Traffic Operations transmitting request to install street lights in front of 310, 402 and 424 Conger Street, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-886. 122373 - Gunderson/Clark to instruct Fire Chief to prepare specifications, bidding document, form of contract, etc. in conjunction with Purchase of New Fire Engine, be received, placed on file and approved. Ayes: Seven. Motion carried. September 26, 2005 New Business continued 122374 - Gunderson/Clark Page 8 that specifications, bidding document, form of contract, etc. in conjunction with Purchase of New Fire Engine, be received and placed on file. Ayes: Seven. Motion carried. 122375 - Gunderson/Clark that "Resolution preliminarily approving specifications, bidding document, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-887. 122376 - Gunderson/Welper that "Resolution setting date of hearing on specifications, bidding document, form of contract, etc. as November 7, 2005 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-888. 122377 - Gunderson/Clark to instruct Fire Chief to prepare specifications, bidding document, form of contract, etc. in conjunction with Purchase of Equipment for New Pumper and Replacement of Rescue Equipment, be received, placed on file and approved. Ayes: Seven. Motion carried. 122378 - Gunderson/Clark that specifications, bidding document, form of contract, etc. in conjunction with Purchase of Equipment for New Pumper and Replacement of Rescue Equipment, be received and placed on file. Ayes: Seven. Motion carried. 122379 - Gunderson/Clark that "Resolution preliminarily approving specifications, bidding document, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-889. 122380 - Gunderson/Welper that "Resolution setting date of hearing on specifications, bidding document, form of contract, etc. as November 7, 2005 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-890. ORAL PRESENTATIONS 122381 - Kaye Boesen, 213 Moir Street located on the corner of Moir Street and Summit Avenue, distributed photographs regarding the property maintenance code and what we might do to enforce it in her area, which is a lovely old area and she would like to keep it that way. Ms. Boesen stated the photos are the side, front and rear of the house at 214 Moir Street on the corner of Moir and 2nd Streets. The photos shows the porch in front of the house is literally falling away from the house, the roof has not been done, there is no paint on the house, and the windows are boarded. Ms. Boesen stated the house is occupied by a lady who works at John Deere, but nothing is being done. Ms. Boesen stated she understands several notices have been sent to the lady, but nothing has been done. Ms. Boesen asked the council if there is something that could be done, something more than a notice, something to get the individual to cooperate to fix this home. Ms. Boesen stated she took photos of the house next to 214 Moir Street, which is a very lovely home and has been maintained. Ms. Moir stated she took a picture of the house across the street, whicji was recently refurbished and has greatly upgraded the neighborhood. Ms. Moir stated there is another property up the street which is empty, the windows are not boarded, realtors signs keep going up, and there was an auction and no one bought it. Ms. Moir stated she doesn't think anyone could live there. Ms. Moir stated she would appreciate any help they could get in that area. • • September 26, 2005 • • Oral Presentations continued Page 9 Renee Carson, 713 Logan Avenue and a member of the Common Ground Neighborhood Association; Revered Edward Loggins III, 233 Oliver Street and a member of the Roosevelt Neighborhood Association; Theresa Mosley, 223 Oliver and a member of Roosevelt Neighborhood Association; and Leon Mosley representing Mosley Neighborhood Action Team, appeared before the council. Revered Loggins stated they appeared before the mayor and council about six months ago to request support in the Linn and Oliver area for the Roosevelt Neighborhood Association because of some really serious problems in that area. Revered Loggins stated they are back to report things are a little bit better, and they presented a plaque to Police Chief Tom Jennings and the Police Department in appreciation and recognition for outstanding service and support provided to the Common Grounds and Roosevelt Neighborhood Associations. Reverend Loggins stated they appreciate the support they have received from Councilperson Kincaid. Leon Mosley stated the area is a whole lot cleaned up, and he appreciates the lights for Conger Street. Mayor Hurley thanked them and stated any progress made in the area was in partnership with the neighborhoods, and the good people from the neighborhood associations stepping forward and laying down the law and working with Chief Jennings and the Police Department. Tom Jennings, Police Chief, thanked the neighborhood associations and acknowledged the work members of the Waterloo Police Department did and thanked the council for the support to allow them to do that. Rodney Pearce, Vice President of Metro Taxi, thanked the Police Department for the quick response to the recent arm robbery they had and the hard work they have done to try to resolve this issue. Mr. Pearce asked for a follow up to his letter he dropped off to the mayor and council a couple of weeks ago concerning the insurance requirement for taxi cabs. Mayor Hurley stated that members of the council met with the City Clerk and legal counsel last Thursday or Friday, and they assessed the situation, a letter is being prepared and Mr. Pearce will receive that soon. Christopher Hill, 1425 Mulberry Street, stated he brought something to Mayor Hurley's attention shortly before the meeting, and he will make a full report and make it available for the next council meeting. Mayor Hurley asked Mr. Hill to address that to City Clerk Nancy Eckert. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 122382 - Gunderson/Welper that the council adjourn to Executive Session at 6:29 p.m. Ayes: Seven. Motion carried. Greenwood absent at 6:29 p.m. City Attorney Jim Walsh stated that discussion of settlement of lawsuit filed by Allan Bruhn is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2003) . EXECUTIVE SESSION 122383 - Schmitt/Welper that the council adjourn Executive Session at 6:42 Greenwood. Motion carried. 122384 - Schmitt/Clark p.m. Ayes: Six. Absent: that the Settlement Agreement for the lawsuit filed by Allan Bruhn be approved. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 122385 - Welper/Gunderson that the Council adjourn at 6:43 carried. p.m. Ayes: Six. Absent: Greenwood. Motion Nancy kert, CMC City Clerk