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HomeMy WebLinkAboutMinutes-08/07/2006i • August 7, 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, August 7, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Greenwood, Getty, Cole, Schmitt. Absent: Gunderson. Moment of Silence. Pledge of Allegiance: 123911 - Schmitt/Kincaid Brad Hagen, Airport Director. that the Agenda, as amended to add 1a4, for the Regular Session on Monday, August 7, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Gunderson. Motion carried. 123912 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, July 24, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Gunderson. Motion carried. Mayor Hurley read a Proclamation declaring Waterloo A City of Mentors. CONSENT AGENDA 123913 - 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. 1-84, dated August 7, 2006, in the amount of $1,869,237.52, 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. 2006-640. 2. Communication from City Engineer transmitting request of Mrs. Joseph Shirk for a waiver for an asphalt driveway to be located at 224 W. Orange Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-641. 3. Communication from City Clerk transmitting request of Crossroads Community Church for a variance to the Noise Ordinance on August 12, 2006 from 2:00 p.m. to 8:00 p.m. in conjunction with an event to be held at 3622 Hammond Avenue, together with recommendation of approval of Police Chief up to 82dbA. Resolution adopted and upon approval by Mayor assigned No. 2006-642. 4. Communication from Police Chief transmitting request of Union Missionary Baptist Church to hold annual Fields Day on August 12, 2006 from 10:00 a.m. to 4:00 p.m., including two area drill teams, vehicles and children walking, with route to begin on East 4th Street to Newell Street, Newell Street to Mobile Street, Mobile Street to Shilliam Avenue, Shilliam Avenue to Jackson. Resolution adopted and upon approval by Mayor assigned No. 2006-643. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of the following to the Waterloo Metropolitan Transit Authority, with term expiration date of June 30, 2008: Harold Andrews, Essie Buls, Sharon Droste, Michelle Weidner; and appointment of Jennifer Jampoler, with term expiration date of June 30, 2008. 2. Nancy Gulick, Community Development Coordinator, to attend CPD Outcome Performance Measurement Regional Grantee Training Conference in Chicago, Illinois on August 16-18, 2006, with costs not to exceed $870.00, including use of city vehicle. August 7, 2006 Consent Agenda continued 3. Lou Ball, Fire PALS Coordinator, to attend P362 Developing Fire and Life Safety Strategies in Emmetsburg, Maryland on August 26 -September 1, 2006, with costs not to exceed $344.30. Page 2 4. Rudy Jones, Community Development Director, to attend CPD Outcome Performance Measurement Regional Grantee Training Conference in Chicago, Illinois on August 16-18, 2006, with costs not to exceed $675.00, including use of city vehicle. 5. James Bartlett, Police Officer; Todd Wilson, Civilian Clerk; Rich Carter, Police Lieutenant; Scott Lake, Police Officer; Chief Deputy Morris Miner, Sergeant Jackson and Deputy Miller to attend MOCIC Conference in Wichita, Kansas on August 21-25, 2006, with costs not to exceed $5,686.31, including use of city vehicle. 6. Communication from Superintendent of Traffic Operation transmitting recommendation of appointment of Mark Spaulding to the position of Parking Meter Repairman, effective August 21, 2006. 7. Communication from Superintendent of Central Garage transmitting recommendation of appointment of Eric Zuck to the position of Garage Mechanic, effective August 21, 2006. c. Beer/Liquor License Permit Application Class C Cadillac Lanes, 650 LaPorte Road (Renewal) Sales) Blue River, 728 Commercial (Permanent Transfer) (Expires 2/15/07) (Includes Sunday Sales) (Expires 7/25/07) (Includes Sunday d. Beer/Wine License Application Special Class C Main Street Waterloo, transfer to 220 E. 4th Street on 8/11/06 e. Beer License Permit Application Class C Hy -Vee Gas, 1512 Flammang Drive (Renewal) Sales) Pantry Express, 1615 Bishop Avenue (Renewal) Sunday Sales) Hometown Foods, 2834 Ansborough Avenue (New) Sunday Sales) Dane Street Liquor, 521 Dane Street (Renewal) Sunday Sales) (Expires f. Wine License Permit Application Class B Stop N Save, 2100 Lafayette Road (New) (Expires Hometown Foods, 2834 Ansborough Avenue (New) Sunday Sales) Dane Street Liquor, 521 Dane Street (Renewal) Sunday Sales) g• 8/26/07) (Expires (Expires (Expires (Includes Sunday 9/8/07) 8/27/07) 7/26/07) (Includes (Includes (Includes 8/9/07) (Expires 8/27/07) (Includes (Expires 7/26/07) (Includes Liquor License Permit Application Class E Hometown Foods, 2834 Ansborough Avenue (New) (Expires 8/27/07) (Includes Sunday Sales) Dane Street Liquor, 521 Dane Street (Renewal) (Expires 7/26/07) (Includes Sunday Sales) h. Outdoor Service Area Application Cadillac Lanes, 650 LaPorte Road i. Cigarette/Tobacco Permit Application Hometown Foods, 2834 Ansborough Avenue j. Bonds. Ayes: Six. Absent: Gunderson. Motion carried. • August 7, 2006 HEARINGS & BIDS Page 3 123914- Welper/Greenwood that proof of publication of notice of public hearing on F.Y. 2007 Prescotts Creek Sanitary Sewer and Water Main Extensions, Contract No. 703, as published in the Waterloo Courier on July 17, 2006, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 123915 - 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: Six. Absent: Gunderson. Motion carried. 123916 - Welper/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Prescotts Creek Sanitary Sewer and Water Main Extensions, Contract No. 703", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-644. 123917 - Welper/Greenwood that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-645. 123918 - Welper/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount Denver Underground & Grading, Inc., Waverly, Iowa 5% $2,650,560.00 Foley Construction Co., Davenport, Iowa 5% $2,442,614.00 H & W Contracting, LLC, Sioux Falls, South Dakota 5% $2,633,366.50 Happel Excavating, Inc., Waverly, Iowa 5% $2,302,292.94 Peterson Contractors, Inc., Reinbeck, Iowa 5% $2,439,322.00 S.J. Louis Construction Inc., Waite Park, Minnesota 5% $2,384,000.00 Van Hauen & Associates, Clive, Iowa 5% $2,752,320.00 Ayes: Six. Absent: Gunderson. Motion carried. 123919 - Getty/Schmitt that proof of publication of notice of public hearing on Purchase of Video Detection Cameras for University Avenue, as published in the Waterloo Courier on July 24, 2006, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 123920 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Schmitt that the hearing be closed. Ayes: Six. Absent: Gunderson. Motion carried. 123921 - Getty/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Purchase of Video Detection Cameras for University Avenue", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-646. August 7, 2006 Hearings & Bids continued 123922 Getty/Schmitt Page 4 that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-647. 123923 - Getty/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Amount Traffic Control Corp., Ankeny, Iowa $98,000.00 Ayes: Six. Absent: Gunderson. Motion carried. 123924 - Schmitt/Kincaid that proof of publication of notice of public hearing on Purchase of Traffic Signal Equipment for Olympic Drive and Ansborough Avenue, as published in the Waterloo Courier on July 28, 2006, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 123925 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Kincaid that the hearing be closed. Ayes: Six. Absent: Gunderson. Motion carried. 123926 - Schmitt/Kincaid that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Purchase of Traffic Signal Equipment for Olympic Drive and Ansborough Avenue", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-648. 123927 - Schmitt/Kincaid that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-649. 123928 - Schmitt/Kincaid to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Amount KWS, Cedar Falls, Iowa $68,500.00 Ayes: Six. Absent: Gunderson. Motion carried. 123929 - Greenwood/Schmitt that proof of publication of notice of public hearing on Purchase of Four Pick - Up Trucks, as published in the Waterloo Courier on July 31, 2006, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 123930 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed. Ayes: Six. Absent: Gunderson. Motion carried. August 7, 2006 Hearings & Bids continued Page 5 123931 - Greenwood/Schmitt that "Resolution confirming approval of specifications, etc. in conjunction with Purchase of Four Pick -Up Trucks", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-650. 123932 - Greenwood/Schmitt that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-651. 123933 Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Price Each Price Total Community Motor Co, Cedar Falls, Iowa $22,645.50 $90,582.00 Witham Ford, Waterloo, Iowa $23,176.00 $92,704.00 Bill Colwell Ford, Hudson, Iowa $23,449.00 $93,796.00 River City Ford, Davenport, Iowa $23,697.00 $94,788.00 Ayes: Six. Absent: Gunderson. Motion carried. 123934 - Kincaid/Schmitt that proof of publication of notice of public hearing on Purchase of 2006 Pumper Fire Truck for Waterloo Fire Rescue, as published in the Waterloo Courier on July 24, 2006, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 123935 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Kincaid/Schmitt that the hearing be closed. Ayes: Six. Absent: Gunderson. Motion carried. 123936 - Kincaid/Schmitt that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Purchase of 2006 Pumper Fire Truck for Waterloo Fire Rescue", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-652. 123937 Kincaid/Schmitt that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-653. 123938 - Kincaid/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Fire Chief for review: Bidder Bid Amount Clarey's, Rochester, Minnesota $353,946.00 Ayes: Six. Absent: Gunderson. Motion carried. August 7, 2006 HEARINGS 123939 - Schmitt/Kincaid Page 6 that proof of publication of notice of public hearing on an ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa by amending Sections 1 and 8 of Chapter 3, Solid Waste Collection and Disposal, and amending Section 4 of Chapter 4, Litter Control, of Title 4, Public Health and Safety (as it pertains to definition of yard waste, special exceptions to burning ban to allow burning waste material consisting solely of trees, brush and other combustible vegetative matter resulting from clearing of undeveloped land for residential, commercial or industrial development of such land that is not less than fives acres in area and not occupied by the owner, and changing definition of garbage, refuse and yard waste), as published in the Waterloo Courier on July 31, 2006, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 123940 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported two e-mails were received today and copies have been given to council members. Daniel Pawlak is objecting to the revisions to the open burning ordinance and is asking that the council table the item. There was an e-mail from a couple of students at West High School who are concerned about their homecoming bonfire. Bob Fahr, 1369, 1425 and 1447 Martin Road, stated he is addressing the ordinance as a continuous property owner to this area. Mr. Fahr stated he has many employees who have allergies, asthma and health conditions, and he is very concerned about the burning of the property at this time. Especially if there is a good southerly wind and if that thing continues to burn for three or four days, its going to be impacting his employees and their health conditions. Mr. Fahr stated he is very concerned that the council is readdressing an issue that he thought had been put to bed a few years ago about open burning in the city, and now based on the wants of a few it is going to override the needs and desires of many. Mr. Fahr stated he thinks the council should leave the ordinance where it is at. When you are developing property, as he has in many parts of the country and in this area, part of the cost of development is clearing the land. If you have brush and trees, you have somebody come in, you turn it into mulch and get it out of there, you don't have to burn it to clear the land and make an environmental issue for the people surrounding it. Mr. Fahr asked the council to vote this ordinance change down for the health of the citizens of Waterloo, especially for his employees who are going to be working in that neighborhood. Mayor Hurley stated the ordinance is not specific to that area out there, and if council did pass it there is a whole process and procedure at which time that would be when to make objections again if Mr. Fahr felt that way at the time. Mayor Hurley stated he was curious as Mr. Fahr said he developed properties and asked Mr. Fahr if he has done them in the cities south side of Waterloo, and how might those cities allow or not allow. Mr. Fahr responded he has, and in those cities they did not allow burning. Everything had to be cleaned up and either somebody came in and turned it into mulch or it was hauled away to the landfill. That cost was built into the cost of the property when you were trying to sell it forward to the building that you are building. Ryan Madison, 3303 Parkridge Road, stated a few months ago council told Mr. Youngblut that he was unable to burn waste, and he thinks we should leave the ordinance as it is. Like Mr. Getty said it is helping our pollution level stay down. Just because people want to come in and develop, and they got money and they try to put money behind the city it is not necessary that we need to change our ordinance and benefit them. We need to leave things as is and better the city instead of bettering other people's pockets. Mr. Madison stated it is keeping pollution down and letting people burn freely would cause a nuisance, it would cause police phone levels to go up and it would be a big problem if these fires are not controlled. Mr. Madison stated he is totally against this ordinance, and he thinks it is pretty ridiculous when we had a man who wanted to develop a few months ago and we said no. Schmitt/Kincaid that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: .Gunderson. Motion carried. August 7, 2006 Hearings continued 123941 Schmitt/Kincaid Page 7 that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa by amending Sections 1 and 8 of Chapter 3, Solid Waste Collection and Disposal, and amending Section 4 of Chapter 4, Litter Control, of Title 4, Public Health and Safety (as it pertains to definition of yard waste, special exceptions to burning ban to allow burning waste material consisting solely of trees, brush and other combustible vegetative matter resulting from clearing of undeveloped land for residential, commercial or industrial development of such land that is not less than fives acres in area and not occupied by the owner, and changing definition of garbage, refuse and yard waste)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated at one time he thought burning was the greatest thing there was, but since we don't have it in Waterloo any longer and it has been banned as long as it has, he thinks it should stay that way. Its just a much cleaner atmosphere with the burning banned than to let them burn. Councilperson Schmitt stated he thinks the changes proposed are for development of areas that are greater than five acres. The intent is to facilitate development. The process is for those individual to burn is the same as it is for burning off prairie grass. We go through a process and its okayed by the Fire Chief, the wind is taken into consideration and it is a 24 hour burn. Councilperson Schmitt stated he thinks it is the right thing to do to foster additional development on the fringes of the city. Councilperson Getty stated in regards to prairie grass, he checked with a couple greenhouses here in Waterloo and an easy way out to control prairie grass is to burn it off. They can plow it under or they can mow it, and it will come back the same next year as it did this year. Burning it off is just an easy way for them to get rid of, or not have to pay to have it mowed and manicured and taken care of. So when we say we have to have burning for that, we have allowed that but we don't have to because there are other ways to manage prairie grass than by burning. Councilperson Welper stated he has supported the burn ban for the last five years, and he finds it difficult to change now. He understands what we are trying to do, but it is the cost of doing business. If they can find another way to dispose of the brush, he would just rather they do that. Councilperson Greenwood stated when he ran for office five years ago one of the things that made him run was the Fall air pollution in the city. Councilperson Greenwood stated he thinks there are other ways to do it. Bring in some tub grinders or mulch it. Councilperson Greenwood stated he won't support this ordinance. Mayor Hurley reminded the council there are a couple of other items in the ordinance. We found out that we had not protected ourselves when we have high winds, tornados or whatever. When our Forestry Department, Street Department and others gather up brush, we have the burn site at the landfill which is allowed by state law and authorized by state law. We had not covered it in our own ordinance so that is in the proposed ordinance. We redefined garbage, refuse and yard waste because that is referenced in not only this ordinance in several places but in policies, and we put in an exception that we have been discussing for development. Councilperson Getty stated the yard waste disposal site resolution is a different issue than what the hearing is tonight. This hearing tonight is to deal just with the solid waste collection and disposal and about the burning of 5 acres or more. Jim Walsh, City Attorney, stated if the consensus is that this needs to be redrafted, its complicated enough that he suggests that council table it and let him redraft it. Mr. Walsh stated if council wants to vote it down they can vote it down, but if they are not going to pass the subsequent changes he suggests we at least change the parts that relate to the city activities. That needs to be done or you need to change what the city does. Mayor Hurley commented the proposed ordinance and the resolution on tonight's agenda share the same definitions of yard waste, refuse and garbage. August 7, 2006 Hearings continued Councilperson Getty stated what is on this agenda tonight is for the burning ban to allow burning waste and so forth on five acres. This is for construction, developments and so forth and that is what he is saying no to. Councilperson Kincaid suggested the council table this item until they get clarification. Page 8 Councilperson Cole stated she would oppose the burning for development purposes, but we have to make it legitimate for the city to do so. Kincaid/Welper that this item be tabled. Ayes: Six. Absent: Gunderson. Motion carried. PETITIONS FROM PUBLIC 123942 - Welper/Greenwood that communication from Senior Planner transmitting request of VGM Management, Ltd. to vacate, sell and convey for $1.00 a portion of the southerly right-of- way generally located along San Marnan Drive from Ansborough Avenue west to Galactic Drive to allow for increased parking at the VGM professional office complex, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 28, 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: Five. Abstain: Cole because she is employed by VGM. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-654. 123943 - Greenwood/Schmitt that communication from City Planner to approve request to correct measurements in Final Plat of Ola Rhodes Addition and grant variance to Subdivision Ordinance to allow Final Plat to be recorded nine months after council approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-655. DOCUMENTS 123944 - Cole/Welper that communication from Assistant City Engineer transmitting Construction Plans for Relocation of Sanitary Sewer of The Rose of Waterloo Housing Project, 421 Oak Avenue, as submitted by Robinson Engineering of Cedar Falls, Iowa, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-656. 123945 Cole/Welper that communication from City Engineer transmitting agreement for Engineering Services with Earth Tech, Inc. of Waterloo, Iowa at a maximum amount payable of $96,900.00 in conjunction with F.Y. 2007 Midport Boulevard Extension, Contract No. 717, be received, placed on file and "Resolution approving said agreement",. be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-657. 123946 - Cole/Welper that communication from Senior Planner transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions totaling $86,592.00 for 2416 City View 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-658. August 7, 2006 Page 9 Documents continued 123947- Cole/Welper that communication from Senior Planner transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions totaling $86,592.00 for 2422 City View 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-659. 123948 - Cole/Welper that communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Traffic Safety Funds grant in the amount of $155,500.00 for Westbound Broadway Street and Airport Boulevard, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-660. 123949 - Cole/Welper that communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Traffic Safety Funds grant in the amount of $43,000.00 for Eastbound Broadway Street and Airport Boulevard, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-661. 123950 - Cole/Welper that communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Traffic Safety Funds in the amount of $120,000.00 for Dubuque Road and Idaho/Adrian Streets, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-662. 123951 - Cole/Welper that communication from Airport Director transmitting agreement with Iowa Department of Transportation for FY 2007 Commercial Air Service Vertical Infrastructure Program funds in the amount of $109,575.00 for improvements to hangar facilities at Waterloo Regional Airport, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-663. 123952 - Cole/Welper that communications from Community Development Director transmitting agreement with SJ Construction in the amount of $39,858.00 for lead abatement and rehabilitation at 1109 Logan Avenue using $4,759.00 GO Bond funding, $10,000.00 Lead Grant and $24,999.00 CDBG Rehabilitation Program funds, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-664. RESOLUTIONS TO BE ADOPTED 123953 - Getty/Schmitt that "Resolution approving amendment of permanent and temporary easements amount of $11,036.72 to $14,036.72 to Oster Family Limited Partnership as part of the Prescott's Creek sewer project", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-665. August 7, 2006 Resolutions to be Adopted continued 123954 - Schmitt/Cole Page 10 that "Resolution naming private street generally located off Maxhelen Boulevard, east of Hammond Avenue, just south of Highway 20 to serve as access for the Landmark Commons development as Commons Circle", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-666. 123955 - Kincaid/Greenwood that "Resolution providing limitations on use of the Easton Avenue yard waste disposal site", be adopted. Prior to a vote on the above motion, the following comments were heard. Loras Schaefer, 1703 Baltimore and owner of Schaefer's Tree Service, stated he would like to get something worked out where they continue to use the brush dump. We were talking about burning tonight, they can't geta lot, pile up brush and burn it, and the landfill is too expensive. The city doesn't use it and you can't expect them to use it, but he doesn't expect anything to be free. Mr. Schaefer stated he thinks we should get something worked out where people that are in business pay something to use the brush dump. He enjoys disposing thestuff properly because everyone that is in business probably hauls their stuff here, there and everywhere and whether it is getting disposed of properly or not who knows. Mr. Schaefer stated he was hoping that this item would be tabled, and he can work with the city to get something worked out so they can use the city's brush dump in a good way. Councilperson Getty stated Section 2 of the resolution says "the disposal site may be used only by residents of the City of Waterloo. Residents may drop off yard waste originating from their own residential property in Waterloo. Each resident bringing yard waste to the disposal site must show a current drivers license, state issued identification card or other acceptable proof of residence", and he thinks that should be all that is in that paragraph. He does not agree with letting non-resident landlords dump for free and does not agree with businesses being allowed to dump for free. We have a landfill, and they can take it to the landfill. Councilperson Getty noted two weeks ago we had a gentleman from out of town say he owns a piece of property in town, or he owns three or four houses in town and that's great but that's a business. He is not a resident, it's a business and he is doing business in the City of Waterloo, and he should take his leaves and tree trimmings to the Black Hawk County Landfill' where it belongs. Not in a city taxpayer paid disposal site. Councilperson Getty thinks it should be Waterloo residents only. Mayor Hurley commented on Mr. Schaefer's proposal because others have approached him over the weekend. They said I'm a small guy, I own a business and I'm trying to work my way up, could we pay by volume or weight, Mayor Hurley stated we can't check weight out there, and it's awful hard to'measure volume, but the real thing on paying as you go is somebody hands any employee of the city or any government a dollar, that dollar is going to be tracked just as closely as if it were a $10,000.00 bill because of our auditing responses. Mayor Hurley stated Mr. Schaefer may be suggesting an annual fee, and he has no idea of where to set that. The basic thing that we brought this forward is the "free" drop off site was being abused. Not only in the types of materials and the volumes, but it was costing our garbage operations fund more money than it is worth to get rid of it. When a resident, a landlord or somebody from another city goes out there and dumps that is not the end of it, that's not where it stays. We have to come in with our equipment and pick it up. Mayor Hurley distributed pictures provided to him by Tim Shea, Superintendent of Waste Management Services, that show the kind of stuff that ends up out there. Mayor Hurley stated we are protecting the garbage account users, and that's 23,000 households and taxpayers in the City of Waterloo. Mr. Getty stated he can see any landlord saying they are paying property taxes in the city. Councilperson Welper stated Mr. Schaefer noted that we do not use the county landfill but actually we do and we pay. Mayor Hurley responded yes we do, that's where a lot of it goes. Mayor Hurley stated it costs the city the same as it costs the next person. We might have the advantage of compacting it or something like that. • • August 7, 2006 Resolutions to be Adopted continued Councilperson Greenwood stated he does not have trouble with limiting this type of activity. If Mr. Schaefer works as an agent and helps an elderly person take care of property and trims their trees and hedges, takes yard waste as an agent for the sewer paying person, he can see letting a company do that, bring it to our landfill. But for large commercial uses, like the tree in the picture that has about a three foot in diameter trunk to it, he doesn't think it is the city's problem to have to handle something like that. He thinks that needs to be built into the cost of cutting a tree down. Councilperson Greenwood stated he has a hard time for the elderly person who is trying to stay in their own home, for low income people that are trying to stay in their own home, making lawn service tree removal up -charge their product or their service. Page 11 Mayor Hurley stated he wished he knew what those hourly rates were before we stopped burning and opened this place, and he would like to see if those rates, or those commercial people dropped their prices because we had a free drop off. He bets they did and he thinks the market place will sort this out. He has had people call him about that very same thing. Regardless of where we go on this, this is a living document, it won't be put in cement, it won't come down from the mount, we can watch it and we can change it. Councilperson Getty stated he has no problem with Mr. Schaefer or the tree trimming people we are talking about. Eventually, we may have to work into something with some of these organizations and some of these businesses that do help these other people. But for right now to get the problem stopped and to get it corrected so we can get a handle on it, this document is the best thing that we have as he is concerned. Jim Walsh, City Attorney, stated he wants everybody to understand thatwe do have to address the other ordinance in order to get the definitions used in this resolution picked up. He anticipates that we'll handle that next week with the revisions that Councilperson Getty suggested so that we can pass the resolution, if that is council's pleasure today, and then next week we can get the definition put in. Councilperson Getty asked if the vote includes the non-residential landlord, and Mayor Hurley responded yes as written. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Greenwood, Getty. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-667. NEW BUSINESS 123956 - Welper/Cole that communication from Senior Planner transmitting request to rezone from "C-1" Commercial District to "R-2" One and Two Family Residence District property generally located west of 1010 East Mitchell Avenue, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 28, 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-668. 123957 - Welper/Cole that communication from Senior Planner transmitting request to vacate a portion of Rath Street generally located west of Vinton Street, south of Sycamore Street, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 28, 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-669. August 7, 2006 New Business continued 123958 - Schmitt/Kincaid to instruct City Engineer to prepare plans, specifications, form etc. in conjunction with Riverwalk Loop Trail East 6th Street to Contract No. 696, be received, placed on file and approved. Absent: Gunderson. Motion carried. 123959 — Schmitt/Kincaid Page 12 of contract, 18th Street, Ayes: Six. that plans, specifications, form of contract, etc. in conjunction with Riverwalk Loop Trail East 6th Street to 18th Street, Contract No. 696, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 123960 - Schmitt/Kincaid that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-670. 123961 - Schmitt/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 14, 2006 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-671. 123962 - Schmitt/Kincaid to instruct Superintendent of Traffic Operations to specifications, form of contract, etc. in conjunction with Orange Road Traffic Safety Improvements, STP -U -8155(689) -70 - placed on file and approved. Ayes: Six. Absent: Gunderson. prepare plans, Hawkeye Road and 07, be received, Motion carried. 123963 - Schmitt/Kincaid that plans, specifications, form of contract, etc. in conjunction with Hawkeye Road and Orange Road Traffic Safety Improvements, STP -U-8155(689)-70-07, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 123964 - Schmitt/Kincaid that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-672. 123965 - Schmitt/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 14, 2006 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-673. 123966 Schmitt/Kincaid to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2006 Byrnes Tennis Complex Renovation Project, be received, placed on file and approved. Ayes: Six. Absent: Gunderson. Motion carried. 123967 - Schmitt/Kincaid that plans, specifications, form of contract, etc. in conjunction with 2006 Byrnes Tennis Complex Renovation Project, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. • • August 7, 2006 New Business continued 123968 - Schmitt/Kincaid Page 13 that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Gunderson. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-674. 123969 - Schmitt/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 21, 2006 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-675. 123970 Schmitt/Kincaid to instruct Superintendent of Central Garage to prepare specifications, form of contract, etc. in conjunction with Purchase of Two Garbage Trucks, be received, placed on file and approved. Ayes: Six. Absent: Gunderson. Motion carried. 123971 - Schmitt/Kincaid that specifications, form of contract, etc. in conjunction with Purchase of Two Garbage Trucks, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 123972 - Schmitt/Kincaid that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-676. 123973 - Schmitt/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 21, 2006 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-677. ORAL PRESENTATIONS 123974 - Joyce Hunter, 615 Linn Street, stated the Courier always targets their area as the bad area, up on Newell, Quincy and Linn and she is quite upset. Ms. Hunter stated she pays taxes, and she is having a little issue that perhaps maybe this council could resolve. Ms. Hunter stated they think she works for the Waterloo Police Department, she screams wolf so much and the police officers have been at her home so much due to ongoing trafficking and such things, but her major concern is they do not have a traffic light and four-way stop, and they are having a lot of accidents. They have a lot of children in that area. Ms. Hunter stated she wouldn't want to go postal on anyone if one of her kids were hit for the simple fact that they do not have traffic lights and at night sometimes the older people like to take walks. They are not looking for drugs, and she feels real safe there. Ms. Hunter stated there is not a light on Quincy and Newell is too dark. Ms. Hunter noted she is speaking about Quincy, Newell and Linn. Its that block right there, and that is also where they traffic a lot because it is so dark. Ms. Hunter stated they also have their music up so loud that they are knocking pictures off of the walls. Ms. Hunter stated the other residents wanted to come tonight but duty called somewhere else. All these people own their own home. They were there long before others, it is unfair. Mayor Hurley stated on the matter of the four-way stop or any sort of traffic control or lights, we will need to do as we always do when these requests come in, in any part of town. The Traffic Engineer will go out and do some traffic studies to see if it complies with the standards. Those numbers will tell us what is necessary there. Mayor Hurley stated he will ask that the City Traffic Department do that. August 7, 2006 Oral Presentations continued Robin Means, 212 Irving Street, stated she owns a home and has rental property where the street was recently resurfaced. They finished the job except for putting the good top soil on so that they can replant. Tonight, everyone talked about a lot of landfilled objects and about what goes on at the landfill. Ms. Means stated theirs looks like a landfill. A neighbor talked to the city, and they came out and did his today. Ms. Means stated he was actually speaking for the entire neighborhood and the only house that they put top soil on, which was today, was his. Mayor Hurley stated he will ask the Engineering Department to follow-up on Ms. Means' request as they are the ones who administer the street repair contractor. Ryan Madison, 3303 Parkridge Road, stated on the front page of the Sunday paper there was an article that gangs are resurfacing in Waterloo. The Waterloo Police Department said there were 30 gangs within Waterloo with 400 gang members. Mr. Madison stated he knows this is coming after the fact when the council passed an agenda that no city worker should live more than 10 minutes from the city, and he understands the reasoning behind that, but he personally wouldn't care if a city worker was coming from Timbuktu on a jet airplane everyday as long as they were coming to serve and protect his city and to make sure everybody was safe in our city. Mr. Madison stated personally he thinks that it is hypocritical and careless to vote such a thing in office when the city writes checks and does business with out -of -city and out-of-state businesses everyday. Mr. Madison stated he knows the city says they don't want our city workers going out of the city and spending the checks that the city writes in another city, and he feels the same way. He doesn't want his tax money to be going to help another person in another city to be able to help their economy and make their jobs stability a little better when we have people inside the city that can do those same jobs. Mr. Madison stated if the council is going to pass the agenda that is saying that our city workers cannot live outside the city more than 10 minutes, he doesn't think the city should do business more than 10 minutes outside the city. Mr. Madison stated that is very hypocritical and careless because at this point of time we need more emergency people, we need more police officers, and we need more fire units because the simple fact that our emergency people are pretty much stressed to a fine line and we don't have very much help. To be put on the agenda like that would basically knock out recruiting and that is not what this city should be about, knocking out people that want to come and help do good with the city because that's what we need. Mr. Madison asked that the city to start advertising what time the council meetings are re -broadcasted, as he would like to watch the council meetings on TV and he can never catch it. Nancy Eckert, City Clerk, responded that we would be able to show the times on Channel 15 as we are showing the council agenda and put it on our listings. Page 14 Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. ADJOURNMENT 123975 - Welper/Cole that the Council adjourn at 6:51 p.m. Ayes: Six. Absent: Gunderson. Motion carried. Nancy Eckert, CMC City Clerk • •