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HomeMy WebLinkAboutMinutes-04/03/2006• • April 3, 2006 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, April 3, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: 123247 - Schmitt/Kincaid Councilperson Eric Gunderson. that the Agenda, as amended, for the Regular Session on Monday, April 3, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 123248 Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, March 27, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley expressed his sentiments and respect to Councilperson Getty for the lost of his brother last week. Mayor Hurley introduced and congratulated Sheryl Groskurth as the newly appointed Director of the Waterloo/Cedar Falls public libraries. Mayor Hurley stated that the city went for a long time without a Garage Superintendent when Denny Bell retired last summer. In the meantime, he asked Sandie Greco, Tim Shea and Steve Decker to split the duties until the city named a replacement, which we did with the recent appointment of Mark Rice. Mayor Hurley formally thanked Ms. Greco, Mr. Shea and Mr. Decker for the great job they did during that interim period and stated he appreciated their extra workload, they got us through and made a nice transition for Mr. Rice. CONSENT AGENDA 123249 - Schmitt/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. 1-69, dated April 3, 2006, in the amount of $1,567,465.46, 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. 2006-260. 2. Communication from City Engineer transmitting request of James Smith for a waiver for a concrete driveway to be located at 305 Hallowell Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-261. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of John Blitsch to the Civil Service Commission, with term expiration date of April 1, 2010. 2. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Tina Schellhorn to the position of Maintenance Electrician, effective April 10, 2006. 3. Dave Bovy, Police Officer, to attend Accident Investigation School at the Nebraska Law Enforcement Training Center on April 16-21, 2006, with costs not to exceed $275.00, including use of city vehicle. 4. Robert Hewitt and Sue Holms, Police Sergeants, to attend Investigative Strategies for Missing & Abducted Children in Chicago, Illinois on April 23-28, 2006, with costs not to exceed $920.00, including use of city vehicle. 5. Brent Cirksena, Police Lieutenant; and Corbin Payne, Police Sergeant; to attend Tactical Procurement Midwest Conference in Indianapolis, Indiana on April 9-12, 2006, with costs not to exceed $1,000.65, including use of city vehicle. April 3, 2006 Consent Agenda continued Page 2 c. Beer License Permit Application Class B South Hills Golf Course, 1830 East Shaulis Road (Renewal) (Expires 3/31/07) (Includes Sunday Sales) All Golf Center, 1850 West Ridgeway Avenue (Renewal) (Expires 4/15/07) (Includes Sunday Sales) d. Outdoor Service Area Application South Hills Golf Course, 1830 East Shaulis Road All Golf Center, 1850 West Ridgeway Avenue e. Bonds. Ayes: Seven. Motion carried. HEARINGS 123250 - Gunderson/Welper that proof of publication of notice of public hearing on Refurbishment of Platform 311 at a cost not to exceed $151,316.00, as published in the Waterloo Courier on March 24, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123251 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 123252 - Fire Chief Ned DeBerg stated that in 2003 the ladder portion of the aerial was refurbished, and the city paid Pierce $124,207.00 for the repairs. Chief DeBerg reported that this refurbishment is to the lower portion of the aerial because the Fire Department found out three years later, after the ladder portion was repaired, that the substructure of the truck was starting to fall apart. Chief DeBerg stated that instead of asking the council to purchase a new truck, the Fire Department would like to refurbish this truck, and they hope to get another five years use out of it by investing this $151,000.00, and then the Fire Department can set aside money at that time to purchase a new aerial, which at that time will probably be close to $1 million. Councilperson Greenwood asked how much it will cost the city to rent the ladder unit from Sioux City. Chief DeBerg responded it will cost the city $1,200.00 per month to rent the ladder from the City of Sioux City. Chief DeBerg reported the Fire Department called other fire truck companies to see what it would cost to lease, and they got two responses. One was from Pierce Manufacturing at a cost of $250.00 per day or $85,000.00 per year to lease. There was another fire truck company that said they would lease one, but they did not have any available, but if they did it would cost $10,000.00 per month. Chief DeBerg reported if the refurbishment is approved tonight, the Fire Department plans to take the platform to Wisconsin tomorrow where it will be refurbished. They have said the platform should be back in June, so the lease with Sioux City would be through June. Chief DeBerg reported they found out Saturday that one of Sioux City's front line aerials broke down so right now they are in the process of fixing the front line aerial, and hopefully in two or three days the Fire Department will be able to pick up Sioux City's reserve aerial. Mayor Hurley stated that the City of Sioux City heard of our plight and offered the use of their ladder, and even though we are paying to lease it at an economical rate, they have been very good to us from all away across the state. Gunderson/Welper that "Resolution authorizing said repairs in conjunction with Refurbishment of Platform 311 at a cost not to exceed $151,316.00", be adopted. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-262. • • • • April 3, 2006 UNFINISHED BUSINESS 123253 Getty/Greenwood Page 3 that communication from Superintendent of Waste Management Services transmitting recommendation of award of contract in the amount of $82,0000.00 to Vessco, Inc. of Ames, Iowa in conjunction with Chemical Feed System for Biosolids Filter Building Operations at Easton Avenue Wastewater Treatment Facility, 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. 2006-263. 123254 Getty/Greenwood that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $24,199.04 to Central States Contracting of Waterloo, Iowa in conjunction with Demolition of Homes at 4040 Ansborough Avenue and 4104 Ansborough Avenue, Contract No. 142 -D -GO -02-24 06-VGM, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Abstain: Cole because she is employee of VGM. Resolution adopted and upon approval by Mayor assigned No. 2006-264. 123255 - Getty/Greenwood that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $165,518.00 to Dewey Ford of Des, Moines, Iowa in conjunction with Purchase of Eight Patrol Cars, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson noted he will vote no on this item because there is less than 1 percent difference between a local bid and the state bid on these vehicles. Councilperson Gunderson stated he feels the city needs to consider the bid from the local dealer since it is less than 1 percent. The local dealer owns property in Waterloo, including residential property. Councilperson Gunderson stated he feels we will have better service with a local dealer for warranty work that would need to be done on these vehicles. Mayor Hurley stated the state bid came in about $1,800.00 cheaper. Mayor Hurley commented that there are a number of people he has heard from, and the fact is the city doesn't have a local preference policy to guide us, and until we do we will have these individual cases come up. Mayor Hurley indicated he will put together some information that discusses both sides of this issue so council can deliberate on it and we can change our policy. Councilperson Gunderson stated other cities do recognize local bidders in their contracts and even 1 percent would have gotten our local bidder in the ballpark for this item. Councilperson Gunderson commented that thank God John Deere doesn't make cars. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Gunderson, Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-265. DOCUMENTS 123256 - Welper/Kincaid that communication from Contracts and Grants Coordinator transmitting contract in the amount of $24,199.04 with Central States Contracting of Waterloo, Iowa in conjunction with Demolition of Homes at 4040 Ansborough Avenue and 4104 Ansborough Avenue, Contract No. 142-D-GO-02-24-06-VGM, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Abstain: Cole because she is employee of VGM. Resolution adopted and upon approval by Mayor assigned No. 2006-266. April 3, 2006 Page 4 Documents continued 123257 - Schmitt/Cole that communication from Senior Planner transmitting request of Tim Gilliam for tax exemptions totaling $170,000.00 for 127 Sabrina Circle 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. 2006-267. 123258 - Schmitt/Cole that communication from Senior Planner transmitting request of Larry Nelson for tax exemptions totaling $20,000.00 for 716 West 8`h 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. 2006-268. 123259 - Cole/Schmitt that communication from Assistant City Engineer transmitting Construction Plans for 2006 Trent Lane Sanitary Sewer Extension, as submitted by Claassen Engineering and Surveying 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. 2006-269. 123260 Cole/Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with Earth Tech, Inc. of Waterloo, Iowa in an amount not to exceed $1,617,500.00 in conjunction with U.S. Highway 63 Improvements (U.S. Hwy 218 to Donald Street), NHSX-63-6(69)-07, 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. 2006-270. 123261 - Cole/Schmitt that communication from Police Chief transmitting application with the Governor's Office of Drug Control Policy for FFY 2006 Justice Assistance Grant in an amount of $590,349.00, with city's portion of $319,843.00 and required match of $79,961.00, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. John Beckman, Police Captain, reported the $590,349.00, and of that there is a cash match match amount the Waterloo Police Department's member agencies of the Task Force, by formula, $147,587.00. total amount of the grant is of $147,587.00, and of that cash share is $79,961.00. The other also kick in a portion to total 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. 2006-271. 123262 - Cole/Schmitt that communication from Fire Chief transmitting agreement with Allamakee County to be a member of the Northeast Iowa Response Group, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. • • April 3, 2006 Documents continued Page 5 Mayor Hurley reported that Paragraph ib says the expiration date would be March 1, 2016, which is approximately ten years. In paragraph lc it talks about a fiscal year from July 1 through June 30 each year, which is the same as the city, and he is suggesting that the agreement be in effect for ten years and the expiration date be June 30, 2016. Mayor Hurley noted Fire Chief Ned DeBerg will have to take this suggestion to the Northeast Iowa Response Group. 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. 2006-272. NEW BUSINESS 123263 - Getty/Cole that communication from General Manager of the Waterloo Water Works transmitting request to certify the amount of $3,057.00 for work performed by the Water Works at 306 Charles Street, together with recommendation of approval of Waterloo Water Works Board of 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. 2006-273. 123264 - Kincaid/Schmitt to instruct Manager of Information Services to prepare request for proposal document in conjunction with Replacement of Voice Mail Systems at City Hall, Fire Rescue, Leisure Services, Library and Center For The Arts, be received, placed on file and approved. Ayes: Seven. Motion carried. 123265 Kincaid/Welper that proposal document in conjunction with Replacement of Voice Mail Systems at City Hall, Fire Rescue, Leisure Services, Library and Center For The Arts, be received and placed on file. Ayes: Seven. Motion carried. 123266 - Kincaid/Welper that "Resolution preliminarily approving request for proposal document in conjunction with Replacement of Voice Mail Systems at City Hall, Fire Rescue, Leisure Services, Library and Center For The Arts", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-274. 123267 Kincaid/Welper that "Resolution setting date of hearing as May 8, 2006 at 5:30 p.m. in the City Hall Council Chambers on proposal document in conjunction with Replacement of Voice Mail Systems at City Hall, Fire Rescue, Leisure Services, Library and Center For The Arts", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-275. 123268 - Schmitt/Cole that communication from Superintendent of Streets requesting authorization to be included with the Iowa Department of Transportation's bid letting for 5,000 tons of rock salt for a three-year period, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-276. ORAL PRESENTATIONS 123269 - Mayor Hurley reported that at last week's council meeting, Forest Dillavou expressed concern about a fellow citizen who was having some problem with plumbing at his house, and this is a situation which he and Community Development were aware. Mayor Hurley stated Mr. Dillavou provided a cash starter to help that person, and after that a staff member and council member put in a like amount. This was a very positive showing concern for a fellow citizen, Mayor Hurley reported through Community Development Block Grant funding and other funds, the city has already committed and spent $6,709.00 for a roof out of the emergency roof fund, and $3,922.00 for structural plumbing repairs within this particular house. April 3, 2006 Page 6 Oral Presentations continued The problem is on the outside, and this gap is what people responded to. Mayor Hurley noted if Community Development had the money, we probably wouldn't be in this situation. Mayor Hurley stated the city cannot handle the cash that has been deposited in the safe in the Clerk's office. Mayor Hurley stated he is working with a non-profit agency to see if they can take the cash and take on this job because this agency has some money they believe can go towards the repairs, in addition to the cash already donated, which will get the family very close to getting the job done. Mayor Hurley stated the City of Waterloo cannot act as a repository for donations to private individuals because we don't have the venue or line item, and he is hoping to strike an agreement with the other agency and get the ball rolling. Mayor Hurley commented that the money needs to be sent to another agency or back to those who donated the funds. Mayor Hurley stated over the last three or four years, we have seen a steady decline in Community Development Block Grant funding which comes from the federal government. Last year, the US Conference of Mayors and the League of Cities got together and petitioned their federal legislators and made quite a noise in Washington DC regarding cuts in Community Development Block Grant funds. Mayor Hurley noted he also talked with Congressman Nussle about the funding. Mayor Hurley stated they were able to forestall cuts in the President's budget last year, but this year we got cut again, and there is no money in FY 2007 proposed for emergency repairs, sidewalks and other categories. A number of agencies looking for funding were either cut or didn't get any in the recommendations in the proposed Community Development Block Grant funds as of today. Mayor Hurley stated that when they were in Washington last week, they found out the President's current budget that is working its way through Congress shows another 25 percent cut in Block Grant funding, and in fact there is a bill in the Senate that would cut it by 30 percent. Mayor Hurley stated this is the one program that puts the pedal to the metal in terms of direct funds from Washington in doing good in this nation's communities, and he thinks it is one of the most effective programs. Mayor Hurley stated for those wanting to forestall more situations like we were faced with last week and tonight, he would ask people to contact their legislators at the federal level and tell them to restore Community Development Block Grant funding, leave it in the program and department it is in and leave it alone. Barb Grant, representing Operation Threshold, stated Operation Threshold is the organization Mayor Hurley spoke about in terms of working with this family. Ms. Grant reported Operation Threshold has $800.00 to put towards this out of one of their programs, and with the $150.00 that has been collected that would leave them $250.00 short of the bid they have received to fix the sewer. Ms. Grant stated if the street needs to be dug up, the bid they have does not include doing any repairs to the street, and they would require the city to waive the fee. Ms. Grant commented that the city has graciously repaired the plumbing inside the home for this homeowner, but Operation Threshold cannot do weatherization work on it because it does not have an operational sewer system. Ms. Grant reported the homeowners are taking their sewage next door to a very kind neighbor who is letting them flush it. Ms. Grant stated Operation Threshold would really like to help this family and would like to request that the city consider waiving the fee if they have to go into the street. Hopefully, the issue isn't in the street but in the front yard. Ms. Grant stated Operation Threshold is more than happy to take care of this issue, and they have been working with this family for a number of months and have been able to do a couple of things in the house, but they cannot do any weatherization until the sewer system is operational. Mayor Hurley stated he will contact Ms. Grant tomorrow. Councilperson Greenwood asked if Waste Management Services could put a camera through the lateral and look to see where it is at. Tim Shea, Superintendent of Waste Management, responded the cameras can only go through 8" or larger and most of the laterals are 4". Getty/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 123270 - Gunderson/Cole that the Council adjourn at 6:09 p.m. Ayes: Seven. Motion carried. Nancy Eb+kert, CMC City Clerk • April 10, 2006 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, April 10, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Councilperson Bob Greenwood. 123271 - Schmitt/Kincaid that the Agenda, as amended to delete Item #11, for the Regular Session on Monday, April 10, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 123272 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, April 3, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley reported last week he visited the home located at 212 Randall Street, and there were still a half dozen workers inside. Mayor Hurley stated this house has old hardwood floors, it will be a great place for someone to live and it is a great statement of the neighborhood. Mayor Hurley stated no government monies were spent on the renovation as this was all done by the Church ROW Neighborhood Association. Mayor Hurley gave a special congratulation to Mary Potter, President of the Church Row Neighborhood Association. Ms. Potter was instrumental in rounding up volunteers, goods and services. Mayor Hurley noted that Councilperson Schmitt was involved along with his daughter. Councilperson Schmitt stated that over 4,000 hours were logged in by volunteers, with a large part of those hours performed by individuals doing court assigned community services. CONSENT AGENDA 123273 - Schmitt/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. 1-54, dated April 10, 2006, in the amount of $480,578.42, 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. 2006-277. 2. Communication from Police Chief transmitting request of Director of Development for Special Olympics Iowa to hold The Law Enforcement Torch Run Final Leg on June 27, 2006 for the Special Olympics National Games, starting at 8:10 a.m. at the Super Target parking lot, along San Marnan Drive frontage road to Covenant Medical Hospital. Resolution adopted and upon approval by Mayor assigned No. 2006-278. 3. Communication from Police Chief transmitting request of Cool 105.7 Radio to hold the 4th Street Cruise on May 27, 2006 from 12:00 noon to 4:00 p.m., with cars from the east side traveling from Mulberry Street across the river on Fourth Street to Jefferson Street and returning on Park Avenue back to Mulberry Street and cars from the west side traveling from Jefferson Street across the river on Fourth Street to Mulberry and returning to Jefferson on Fifth Street. Resolution adopted and upon approval by Mayor assigned No. 2006-279. 4. Communication from City Clerk transmitting request of John Deere Product Engineering Center to burn approximately 40 acres of prairie grass located on the corner of Cedar Heights Drive and Ridgeway Avenue during the time period of April 15 - May 15, 2006, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2006-280. April 10, 2006 Page 2 Consent Agenda continued b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of the following to the Cultural and Arts Commission: Marilyn DeKoster, with term expiration date of March 1, 2008; Barb Heitzman, with term expiration of March 1, 2009; Rose Middleton and Mary Ann Burk, with term expiration of March 1, 2008; Susie Heaton, Tom Langlas and Karol Hoth, with term expiration date of March 1, 2009. 2. Rich Carter and Michael McNamee, Police Lieutenants, to attend Amber Alert Leadership for Missing Children Course in Minneapolis, Minnesota on May 16-17, 2006, with costs not to exceed $430.00, including use of city vehicle. 3. Dan Youngblood, Chief Combination Inspector, to attend the Electrical Inspection - Residential and Commercial Seminar in Madison, Wisconsin on May 9-12, 2006, with costs not to exceed $1,373.00, including use of city vehicle. 4. Bob Walker, Building Inspector, to attend The Electrical Inspection - Residential and Commercial Seminar in Madison, Wisconsin on May 9-12, 2006, with costs not to exceed $1,423.00, including use of city vehicle. c. Beer License Permit Application Class C Holiday Stationstore, 3260 University Avenue (Renewal) (Expires 5/4/07) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Pier 11 Club, 118 East 11th Street (New) (Expires 4/14/07) (Includes Sunday Sales) e. Fireworks Display Application Waterloo Jaycees Fireworks Festival on July 1, 2006 f. Bonds. Ayes: Seven. Motion carried. HEARINGS 123274 - Gunderson/Welper that proof of publication of notice of public hearing on vacation of a portion of public East 7th Street generally located between Sycamore Street and Water Street and a portion of public Water Street generally located between the main track of the Union Pacific Railroad and East 8th Street as part of the development of the Water Street Flats and Rowhouses Riverfront Housing Project, as published in the Waterloo Courier on April 3, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123275 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 123276 Gunderson/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and filed. Ayes: Seven. Motion carried. - Gunderson/Greenwood that "an Ordinance vacating a portion of public East 7th Street generally located between Sycamore Street and Water Street and a portion of public Water Street generally located between the main track of the Union Pacific Railroad and East 8th Street as part of the development of the Water Street Flats and Rowhouses Riverfront Housing Project", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123277 - Gunderson/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. • April 10, 2006 Hearings continued 123278 - Gunderson/Schmitt Page 3 that "an Ordinance vacating a portion of public East 7th Street generally located between Sycamore Street and Water Street and a portion of public Water Street generally located between the main track of the Union Pacific Railroad and East, 8th Street as part of the development of the Water Street Flats and Rowhouses Riverfront Housing Project", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4804. 123279 - Gunderson/Welper that proof of publication of notice of public hearing on vacation of a portion of John Street generally located off E. Parker Street east of Highway 63, as published in the Waterloo Courier on April 3, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123280 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt 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. 123281 Gunderson/Greenwood that "an Ordinance vacating a portion of John Street generally located off E. Parker Street east of Highway 63", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123282 - Gunderson/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123283 - Gunderson/Schmitt that "an Ordinance vacating a portion of John Street generally located off E. Parker Street east of Highway 63", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4805. 123284 - Welper/Greenwood that proof of publication of notice of public hearing on request of James H. Slife to vacate, sell and convey for $1.00 an alley generally located between West 4th and West 5th Streets, north of Bluff Street and rescind Resolution No. 2005-606, as published in the Waterloo Courier on March 27, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123285 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Community Planning & Development Director, reported these are complicated areas as they have been platted and replatted. The property went through a tax sale and was acquired by a holder in Arizona. Mr. Temeyer stated staff checked the legal descriptions as well as the attorneys, but errors in the legal descriptions were caught by the Black Hawk County Recorder's office. Mr. Temeyer stated that everyone felt the simplest way to correct the errors was to redo the hearings with the corrected legal descriptions. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 123286 - Welper/Gunderson that "an Ordinance vacating an alley generally located between West 4th and West 5th Streets, north of Bluff Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. April 10, 2006 Hearings continued 123287 - Welper/Greenwood Page 4 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123288 - Welper/Cole that "an Ordinance vacating an alley generally located between West 4th and West 5th Streets, north of Bluff Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4806. 123289 - Welper/Kincaid that "Resolution authorizing said sale and conveyance and rescinding Resolution No. 2005-606", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-281. 123290 Welper/Greenwood that proof of publication of notice of public hearing on acquisition from Stevens Family Trust and sale and conveyance to James H. Slife for $1.00 a lot formerly known as the Devil's Den property generally located along West 4th Street, north of Bluff Street and rescind Resolution Nos. 2004-104 and 2004-182, as published in the Waterloo Courier on March 27, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123291 - 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. 123292 - Welper/Kincaid that "Resolution authorization said acquisition and sale and conveyance and rescinding Resolution Nos. 2004-104 and 2004-182", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-282. 123293 - Welper/Greenwood that proof of publication of notice of public hearing on development agreement with James H. Slife to sell and convey for $1.00 property generally located between West 4th and West 5th Streets, north of Bluff Street to build a 9,600 sq. ft. addition to Pioneer Graphics, with a minimum assessment of $500,000.00 until December 31, 2020 and 100 percent tax rebates for eight years and rescind Resolution Nos. 2004-181 and 2004-365, as published in the Waterloo Courier on March 27, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123294 - 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. 123295 - Welper/Kincaid that "Resolution approving said development agreement and rescinding Resolution Nos. 2004-181 and 2004-365", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-283. 123296 - Welper/Kincaid that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-284. • • • April 10, 2006 PETITIONS FROM PUBLIC 123297 - Cole/Schmitt Page 5 that communication from City Planner transmitting request of Lynn Piper to vacate, sell and convey for $8,194.50 portions of Hallowell Road and Willow Street adjacent to 502 Hallowell Road, be received, placed on file and "Resolution setting date of hearing as April 24, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-285. 123298 - Cole/Schmitt that communication from City Planner transmitting request of Gary W. and Caroline C. Wendel (Chase Auto) to vacate, sell and convey for $4,400.00 a portion of Lowell Avenue, alley and area near the levee system generally located between Mitchell and Easton Avenues, be received, placed on file and "Resolution setting date of hearing as April 24, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-286. 123299 - Cole/Schmitt that communication from Andrew Lusson, owner of KW Paintball, Inc. requesting a variance to Section 5-2-6 of the Waterloo Code of Ordinances, which prohibits discharging of firearms and discharging and possessing air rifles and similar devices within the city, to allow a .paintball playing facility south of 2570 WCF'&N Drive, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-287. DOCUMENTS 123300 - Schmitt/Cole that communication from Associate Engineer transmitting agreement with Iowa Department of Transportation for Surface Transportation Program (STP) funds in the amount of $50,000.00, with city match of $31,080.00 in conjunction with F.Y. 2006 M.L. King Jr. Drive Recreation Trail Head, Contract No. 709, 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. 2006-288. 123301 Schmitt/Cole that communication from Community Planning and Development Director transmitting agreement with Richard F. Warren & Associates at a cost of $30,000.00 to seek funding up to $700,000.00 through the federal Office of Community Services Discretionary Grant Program to be used for redevelopment of the Logan Plaza retail area, 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. 2006-289. 123302 - Getty/Greenwood that communication from Superintendent of Traffic Operation transmitting recommendation to accept low bid in the amount of $21,028.95 from Radio Communications Inc. of Waterloo, Iowa for San Marnan Traffic Monitoring System/Hammond Avenue intersection and approval of contract, 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. 2006-290. April 10, 2006 Page 6 Documents continued 123303 Getty/Greenwood that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $572,993.00 from Van Hauen & Associates, Inc. of Clive, Iowa, in conjunction with F.Y. 2006 East Side Sanitary Sewer Interceptor, Contract No. 707, 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. 2006-291. RESOLUTIONS TO BE ADOPTED 123304 - Cole/Schmitt that "Resolution canceling July 3, 2006 council meeting due to the Fourth of July holiday", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-292. 123305 - Cole/Schmitt that "Resolution setting date of hearing as April 24, 2006 at 5:30 p.m. in the City Hall Council Chambers on the proposal to reallocate $40,000.00 of unspent proceeds of the General Obligation Bonds, Taxable Series 2004B, to be used for costs of consulting services and other preliminary costs associated with securing grant funding to assist in the redevelopment of the Logan Plaza area", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated he thought the amount needed was $30,000.00 and now we are reallocating $40,000.00 Michelle Weidner, Chief Financial Officer, responded that the bonding attorney always allows a little extra for costs. We know we need $30,000.00 for the actual contract, but there are bond issuance costs so we will allocate for those costs. 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. 2006-293. NEW BUSINESS 123306 - Cole/Schmitt that communication from Superintendent of Streets transmitting request to seek bids for various asphalt emulsions/bituminous products for upcoming Oiling, Seal Coating, Chip Sealing, Fog Sealing, Crack Sealing and oil patch material programs, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-294. ORAL PRESENTATIONS 123307 - Mike Sheeley, 945 East Donald Street, distributed a sketch of his property and the property immediately to his east. The property immediately to his east was gutted to the depth of 4 to 5 feet in the fall 2004, and it remains gutted to the depth of 4 to 5 feet still today. The property owner informed Mr. Sheeley that his intent is to put a house on the lot. The lot is 70 foot, and in his sketch he has estimated the area in order to put a sewer line and water line down to property behind his father's house, which is immediately north to Mr. Sheeley and his neighbor. Mr. Sheeley asked why is this allowed to continue for two years, as it is an open piece of property that looks like a ditch, its dirty, unsightly, filthy and collecting water. Mr. Sheeley stated that last year he had to trim the weeds out of it himself, and he expects it will be in worse shape this summer. Mr. Sheeley stated he would like to have something done to• it. Mr. Sheeley stated it has been maintained by him since 1981, that he mowed the lot before they excavated and maintained it himself. Mr. Sheeley stated he cannot figure out how they can build a house on a lot that small when they have a sewer line and water line running down the east side of the property. Mr. Sheeley stated it seems to him it would be pretty hard to put a house on that lot. • • • April 10, 2006 Oral Presentations continued Mayor Hurley asked if this the same property Mr. Sheeley brought pictures to him, and Mr. Sheeley answered it is. Mayor Hurley apologized because he thought there was movement on it. Mr. Sheeley stated the sewer is supposedly fixed, he put in the water, and right now there is an extenuating circumstance as his neighbor has a lawsuit pending against him because of the use of a piece of equipment that he did know he would be charged for and a lien was put against his new house he built north of this piece of property. Page 7 Mayor Hurley stated he will find out the answers to Mr. Sheeley's concerns, such as what are the codes, violations if there are any, and what can be built on a narrow lot. Mr. Sheeley noted that he had former council member Buck Clark look at it, and he could not believe his neighbor could do that. Mr. Clark had a city inspector look at it,.and according to the inspector the property owner can do pretty much what he wants to. Betty Seamans, 7422 Independence Avenue, presented a petition against the LS Power Plant coming to Waterloo. Ms. Seamans stated she owns property in Waterloo and felt as a property owner she could bring the petition to the council. Ms. Seamans stated there are 600 signatures on the petition against the power plant, and the petition explains the reasoning why the people are against it. Councilperson Getty reported the city has a policy along with the Black Hawk County Sheriff's Department, Black Hawk County Health Department and Code Enforcement that if a judge signs papers for an eviction, the policy gives them 24 hours to take everything out of the house and place it on city property alongside the curb. Councilperson Getty noted this has been happening for years and years. Councilperson Getty stated that on Friday afternoon, they decided to do this on Highway 63 north and it was piled out there for two days. Councilperson Getty asked where we are at and what can be done because in his opinion we have to come to a solution rather than let it set on the curb for 24 hours. Mayor Hurley stated he also drove by the area, and latter that afternoon he received e-mail correspondence from staff or citizens and passed those along to Jim Walsh and Chris Wendland and asked them to put this on high priority to see if there is something the city can do in terms of an ordinance, and Mr. Walsh said they would get going on that. Mayor Hurley stated the starting point would be to draft some language for an ordinance to prevent that sort of dumping on public right-of-way. Mayor Hurley stated he expects to see something in the next couple of weeks. Schmitt/Welper that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 123308 Getty/Schmitt that the council adjourn to Executive Session at 6:03 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property generally located at the corner of East 8" and Sycamore Streets and discussion of acquisition of property generally located at Jefferson Street and West Park Avenue are approved topics of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2005) . EXECUTIVE SESSION 123309 - Schmitt/Welper that the council adjourn Executive Session at 6:28 p,m. Ayes: Seven. Motion carried. ADJOURNMENT 123310 - Schmitt/Greenwood that the Council adjourn at 6:28 p.m. Ayes: Seven. Motion carried. Nancy Ecklert, CMC City Clerk