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HomeMy WebLinkAboutMinutes-08/14/2006August 14, 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 14, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. 123976 - Schmitt/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, August 14, 2006, at 5:30 p.m., be accepted and approved. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated he has had some correspondence concerning the firefighters who are going to Jamaica, and he just wanted to make sure everyone knows that is not an out-of-pocket cost to the city. The cost is actually being reimbursed by the people who are hiring our people to train them, the City of Kingston, Jamaica. The cost will be reimbursed totally to the city. Mayor Hurley stated it caught his eye, and he knew that Chief Deberg wouldn't be sending firemen on an industrial vacation. What happened was Kingston, Jamaica will be hosting a large regional soccer tournament. We have all seen on worldwide news the disturbances and things that happen at soccer events. There was one recently where there were some real problems. Kingston is getting prepared for that, and part of that preparation is a hazmat response team. They didn't know where to turn. They got on the web and probably Googled hazmat and the City of Waterloo came up number four in all of the contacts for our hazmat program. The other three were just general information and defined hazmat, but Waterloo had a program so they contacted us. Mayor Hurley stated it is a compliment to our program that another nation has requested our help and is paying for it. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 123977 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, August 7, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 123978 - 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. 1-96, dated August 14, 2006, in the amount of $3,108,909.94, 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. 2006-678. 2. Communication from City Engineer transmitting request of Dennis Scarbrough for a waiver for a concrete driveway to be located at 101 Belleview Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-679. 3. Communication from City Engineer transmitting request of Barbara Kuper for a waiver for a concrete driveway to be located at 1729 Howard Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-680. 4. Communication from Police Chief transmitting request of Lou Porter on behalf of KBBG Radio to hold KBBG-FM's 29th Annual Parade on August 19, 2006 beginning at 10:00 a.m., with route to begin at corners of E. 4th and E. Donald Streets, south on E. 4th Street to Sumner Street, south on Linden to Ferguson Field, where they will hold an exhibition. Resolution adopted and upon approval by Mayor assigned No. 2006-681. August 14, 2006 Consent Agenda continued Page 2 b. Motion -to approve the following: 1. Chad Allen, Public Program Coordinator, to attend Association of Midwest Museums Annual Conference in Davenport, Iowa on September 28-30, 2006, with costs not to exceed $390.00, including use of city vehicle. 2. Robert Hewitt, Police Sergeant, to attend Iowa Sex Offender Registry Symposium in Des Moines, Iowa on August 22-23, 2006, with costs not to exceed $161.69, including use of city vehicle. 3. Ralph Baracz and Roger Carr, Fire Department Instructors, to teach Hazardous Materials Technician Course in Kingston, Jamaica on August 19 - September 2, 2006, with cost not to exceed $3,940.00. 4. Rich Carter, Police Lieutenant, to attend Law Enforcement Conference in Phoenix, Arizona on August 14-17, 2006, with costs not to exceed $158.00. c. Beer License Permit Application Class B La.Chiquita, Inc., 301 East 4th Street (Renewal) (Expires 8/6/07) (Includes Sunday Sales) d. Pawnbroker's License Application Robins Surplus and Pawn, 110 East 4th Street Levi Brothers Jewelers LTD, 306 East 4th Street Farris Stereo & Loan, 211 West 18th Street Mister Money USA at Waterloo, 1516 LaPorte Road e. Bonds. Ayes: Seven. Motion carried. ASSESSMENT HEARING 123979 - Greenwood/Kincaid that proof of publication of notice of public hearing on F.Y. 2006 Sidewalk Repair Assessment Program - Zone 6, Contract No. 712, as published in the Waterloo Courier on July 27, 2006 and August 3, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123980 - This being the time and place of public hearing, the Mayor called for written and oral objections. Dorothy McKinney, 1101 Forest Avenue, stated she would like to know if it is really necessary to do these sidewalk repairs when you don't have the money to pay for it. Ms. McKinney stated it is probably necessary, but she doesn't have the money to pay for it. Mayor Hurley asked Ms. McKinney if she understood that the cost can be assessed against her property over a period of 10 years. Eric Thorson, City Engineer, stated it actually depends on the amount of your assessment, and it can be spread over up to 10 years depending on the amount. Mr. Thorson stated he doesn't know Ms. McKinney's amount but we do have Engineering staff here tonight who could visit with Ms. McKinney afterwards and explain the assessment program in more detail. Mayor Hurley suggested Ms. McKinney speak with staff from the Engineering Department who will advise her of some alternatives. Mayor Hurley reminded council when they dealt with block grant funds, and the block grant funds were getting less and less. The Engineering Department made a pitch for some money to be set aside for just this kind of case, and this is something to remember the next time around. Jacob Bedard, 1217 Hawthorne Avenue, stated he totally understands about the sidewalk needing fixing. He hired a person who left their card on his door, they gave him an estimate, he gave them money down to get the permits, but there was a paperwork issue. The person he hired did not get it taken care of until June 19, which was after the deadline. The contractor says that they still can take care of it, but now he has received notice that the city hired somebody. Mr. Bedard asked if this guy is going to be able to do it or is he going to have somebody else do it. Mr. Bedard stated he says he has a permit, his quote is $230.00 cheaper than the city's quote, and he can't afford to come up with any extra money. 1 • August 14, 2006 Assessment Hearing continued Mayor Hurley stated he is going to refer Mr. Bedard to the Engineering Department and have him talk with them on this specific nature. Mayor Hurley noted it would seem reasonable that Mr. Bedard's original firm could do this, but the city didn't know this on the deadline date. The city has a contractor go around and look at all the properties. Page 3 Mr. Bedard stated he contacted the city, and they said that there was a paper work issue. Now that its past the deadline, he can bid on it just like any other contractor. Mr. Bedard stated his problem is that the city is charging way more than the contractor. Councilperson Greenwood asked how did Mr. Bedard know what the city's contractor is going to charge because the city hasn't let the contract. Mr. Bedard responded he left a card on his door when his sidewalk was first marked, he called the contractor, he inspected the sidewalk, said he had five squares and he said this is roughly what its going to be. Mayor Hurley asked Mr. Bedard how did he get an estimate that the city's estimate is now $230.00 more. Mr. Bedard stated because the city's estimate is $706.00 and his quote was $498.00. Eric Thorson, City Engineer, stated Mr. Bedard would have received a preliminary assessment from the city since his work was not completed by the deadline, and his staff will research to figure out what happened there. The cutoff for permits was June 16, 2006 so if somebody was trying to get a permit on June 19 they were too late. Mr. Thorson stated Mr. Bedard did receive a preliminary assessment from the city. Hopefully, the contractor's price will be much less, but we have to be sure to put out a high enough price in the assessment to cover the cost if it does become higher because if the city does not than we have to pick up the difference. Typically the city's number will be a little higher and that is why we encourage folks to get it done themselves if they can. If they can't and would prefer to try to finance it over a period of time with their taxes, that is another option. By state code we also have to include staff time, the Clerk's time, publishing costs and all those kinds of things in an assessment program. We are required to include that in the cost so some of those items are in that cost which would be over and above what a contractor would charge, but we do have to include those costs in their final assessment. It is spread among all the people who are in the assessment program by the square footage. Mr. Thorson stated there is a chance the contracted cost would be less than the quote he received from the prime contractor. The next item on the council's agenda is to open the bids, and we will know tomorrow and can compare our unit costs against the contractor who bids unit costs and see if that cost will come down. Mr. Thorson asked Mr. Bedard to talk with staff when the hearing is over. Schmitt/Kincaid that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 123981 - Greenwood/Schmitt that "Proposed Resolution of Necessity, as proposed, for the F.Y. 2006 Sidewalk Repair Assessment Program - Zone 6, Contract No. 712", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-682. HEARINGS & BIDS 123982 - Kincaid/Schmitt that proof of publication of notice of public hearing on F.Y. Sidewalk Repair Assessment Program - Zone 6, Contract No. 712, as published in the Waterloo Courier on July 28, 2006, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123983 - 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: Seven. Motion carried. August 14, 2006 Hearings & Bids continued 123984 Kincaid/Schmitt Page 4 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. Sidewalk Repair Assessment Program - Zone 6, Contract No. 712", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-683. 123985 - Kincaid/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-684. 123986 - Kincaid/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount TI -Zack Concrete, Inc., Le Center, MN 5% $75,348.99 Ayes: Seven. Motion carried. 123987 Getty/Gunderson that proof of publication of notice of public hearing on Hawkeye Road and Orange Road Traffic Safety Improvements, Contract No. 699, as published in the Waterloo Courier on August 8, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123988 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 123989 - Getty/Gunderson that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Hawkeye Road and Orange Road Traffic Safety Improvements, Contract No. 699", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-685. 123990 - Getty/Gunderson that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-686. 123991 - Getty/Gunderson that proof of publication of notice of public hearing on Riverwalk Loop Trail, East 6th to 18th Street, Contract No. 696, as published in the Waterloo Courier on August 8, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123992 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 123993 - Getty/Gunderson that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Riverwalk Loop Trail, East 6th to 18th Street, Contract No. 696", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-687. • August 14, 2006 Hearings & Bids continued Page 5 123994 - Getty/Gunderson that "Resolution ordering construction in conjunction with above'said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-688. HEARINGS 123995 - Schmitt/Kincaid that proof of publication of notice of public hearing on request of Southland Park L.C. for a site plan amendment to the "R -3,R -P" Planned Residence District for property generally located off of Charm Drive, east of Sergeant Road and north of W. Shaulis Road for construction of one and two family homes and two commercial lots, as published in the Waterloo Courier on July 31, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123996 - 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 and recommendation of approval of the Planning, Programming and Zoning Commission be received and filed. Ayes: Seven. Motion carried. 123997 - Schmitt/Kincaid that "Resolution approving said site plan amendment", be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2006-689. 123998 Welper/Kincaid Seven. that proof of publication of notice of public hearing on request of Schaefer Tree and Lawn LLC to sell and convey for $1.00 property formerly part Reed Cadillac site acquired by the city as part of the West 6th Project to construct a 3,000 sq. ft. building valued $100,000.00, as published in the Waterloo Courier on July 31, and placed on file. Ayes: Seven. Motion carried. of the Street Relocation at approximately 2006, be received 123999 - This being the time and place of public hearing, the Mayor called and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 124000 - Welper/Kincaid for written that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported over the years the city has accumulated mowing and maintenance costs that exceeds the parcel appraisal. Since the funding came from the federal government when West 4th 5th, 6th and 7th Streets were turned into one, anything the city makes over appraisal price, we would have to give back. The bottom line is it makes sense and it saves us money in the long run. Don Temmeyer, Community Planning and Development Director, stated when.we sell it for $1.00 we look at the tax base it creates for the City of Waterloo. Are we going to get a return on the investment that the property owner makes and the improvements that he makes that will actually pay us back for that property. Mr. Temeyer stated the sale of this property meets those guidelines and this request went before the Building & Grounds Committee. Councilperson Greenwood asked if Mr. Schaefer if his building will house all his equipment or will he have equipment sitting outside. Loras Schaefer, Schaefer Tree and Lawn LLC, responded they are actually going to build the building bigger, so they could probably get all their equipment in it twice. If they ever expand or whatever they do to this building it is going to be big enough so there is not going to be stuff sitting outside, everything will be housed inside. August 14, 2006 Hearings continued Councilperson Greenwood stated it would be a concern of his that the site would always look good and all the equipment housed because it is nice area for retail business. Mr. Schaefer responded they don't work on trees there and they don't have a saw mill there. They do have a lawn business, but they do not work with chemicals. There is not going to be any pesticides or any of that kind of stuff stored there. Mr. Schaefer noted that if something evolves out of this, it might turn into something that would fit into the neighborhood as a retail place too. Page 6 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. 2006-690. 124001 - Greenwood/Gunderson that proof of publication of notice of public hearing on request of Hurst Holding Company, Inc. to rezone from "R-2" One and Two Family Residence District and "C-1" Commercial District to "C -1,C -Z" Conditional Commercial District property generally located at 1010 Mitchell Avenue at the southwest corner of E. Mitchell Avenue and West 9th Street for the purpose of a restaurant in the existing commercial strip mall west of Hometown Foods, as published in the Waterloo Courier on July 31, 2006, be received and placed on file. Ayes: Seven. Motion carried. 124002 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Gunderson that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and filed. Ayes: Seven. Motion carried. 124003 - Greenwood/Gunderson that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 111 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 124004 - Greenwood/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 124005 - Greenwood/Gunderson that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 111 to Section 2A -7N, Conditional Zoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4827. UNFINISHED BUSINESS 124006 - Gunderson/Schmitt that communication from Superintendent of Central Garage transmitting recommendation of award of bid to Community Motor Co. in the amount of $90,582.00 for the Purchase of Four Pick -Up Trucks, be received, placed on file and "Resolution approving award of said bid", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-691. 124007 - Gunderson/Schmitt that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount $98,000.00 to Traffic Control Corporation of High Ridge, Missouri in conjunction with the Purchase of Video Detection Cameras for University Avenue, 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. 2006-692. 1 • August 14, 2006 PETITIONS FROM PUBLIC 124008 - Schmitt/Kincaid Page 7 that communication from Senior Planner transmitting request of Crossroads Community Church to rezone from "A-1" Agricultural District to "R-2" One & Two Family Residence District property generally located at 3534 Hammond Avenue, just west of the intersection of Hammond Avenue and Flammang Drive, 1/3 mile north of San Marnan Drive to allow for expansion of existing church, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-693. 124009 - Schmitt/Kincaid that communication from Senior Planner transmitting request of Karlton Dyke to vacate, sell and convey for $550.00 a portion of public alley generally located behind 1942 Locke 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated he will vote yes on this item because we are just setting a date of hearing, but he is opposed to the sale of this property for this price. Councilperson Welper stated for those who have been here as long as he has, Mr. Greenwood and Mayor Hurley, you know that in the first few years on council we had weekly disagreements on the sale of city property. We were taking whatever people would offering us. It could be $500.00, it could be $50.00, it could be $1.00. Two or three years ago, we adopted the sale of city property policy. Since that policy has been in force, we have not had one argument or disagreement. Its black and white, it says just what the property is worth and what you will pay. Councilperson Welper stated it frightens him that we are starting to go backwards. He will vote yes on the hearing but he will not support this. Councilperson Cole stated she sat through the Building & Grounds meeting earlier and unless our viewers think that we are giving away the store we are talking about a difference of $62.00. 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. 2006-694. 124010 - Gunderson/Schmitt that communication from Senior Planner transmitting request of Douglas and Catherine Brace for an appeal of the decision of City Engineer to allow for a second driveway and curb cut on a double frontage lot located at 110 Hillside Avenue, together with recommendation of approval of appeal by the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said appeal", be adopted and the City Engineer's decision is reversed. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-695. DOCUMENTS 124011 - Cole/Schmitt that communication from Senior Planner transmitting Preliminary Plat of Nottingham Heights Addition, together with staff report, aerial photograph of the area and legal description, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-696. August 14, 2006 Documents continued Page 8 124012 - Cole/Schmitt that communication from Senior Planner transmitting Preliminary Plat of Southland Park 5th Addition, together with staff report, aerial photograph of the area, Preliminary Plat 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. 2006-697. 124013 - Cole/Schmitt that communication from. Senior Planner transmitting Encroachment Agreement with Richard Fliehler to allow for a proposed 12' x 16' accessory building over a portion of an utility easement along the west property line at 615 Hilltop Road, together with recommendation of approval of Planning, Programming and Zoning Commission, 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. 2006-698. 124014 - Cole/Schmitt that communication from Police Chief transmitting agreement with Governor's Traffic Safety Bureau Iowa Department of Public Safety for an Alcohol Incentive grant in the amount of $31,300.00, with no required matching funds, to be used for overtime traffic enforcement, travel, four radar units and educational materials, 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. 2006-699. 124015 - Cole/Schmitt that communication from Community Planning & Development Director transmitting First Amendment to Development Agreement with Deere & Company to revise time schedule for improvements scheduled for the Deere Westfield Avenue site and change the size of the new office addition from 30,000 sq. ft to 21,000 sq. ft., be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-700. 124016 - Cole/Schmitt that communication from Community Planning & Development Director transmitting Quit Claim Deed from Gloria O'Neal for acquisition of property located at 738 Mobile Street for $1.00, be received, placed on file and "Resolution accepting said deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-701. 124017 - Schmitt/Getty that communication from Leisure Services Director transmitting Amendment to Beverages Agreement with Pepsi Americas to provide beverages services at Young Arena, Byrnes Park, Gates Pool, Byrnes Tennis Center and the Youth Baseball Complex, 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. 2006-702. 124018 - Schmitt/Getty that communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with Earth Tech at an hourly rate not to exceed $27,000.00 to prepare plans, specifications and documents for Phase A repairs at the East Park Avenue ramp, 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. 2006-703. August 14, 2006 Documents continued 124019 - Schmitt/Getty Page 9 that communication from Fire Chief transmitting request to lease an aerial truck from the City of Sioux City at a cost of $1,200.00 per month, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 200-704. 124020 Schmitt/Getty that communication from Superintendent of Traffic Operations transmitting application with Iowa Department of Transportation for Traffic Safety Funds grant for US 20 ramps at US 63, intersection of Hammond Avenue and Easton Avenue, West 11th Street and Easton Avenue, intersection of West Fourth Street and Allen Street, Ridgeway Avenue and US 63, be received, placed on file and "Resolution approving said request", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-705. 124021 - Schmitt/Getty that communication from Police Chief transmitting request to apply to Iowa Department of Transportation for Safe Routes to School grant, with no required match, to be used for law enforcement overtime and educational information materials, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-706. 124022 Schmitt/Getty that communication from Airport Director transmitting Change Order No. 1 for a net increase in the amount of $26,375.93 for work to be performed by Cedar Valley Corporation in conjunction with Waterloo Regional Airport Terminal Apron Ramp Project, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 124023 Schmitt/Getty that communication from Leisure Services Director transmitting recommendation of 2006-2007 Young Arena Ice Rates, be received, placed on file and "Resolution approving said rates", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-707. ORDINANCES TO BE ADOPTED 124024 - Cole/Schmitt that "an Ordinance amending the 2001 Code of Ordinances of City of Waterloo, Iowa, to amend Section 5-2A-1, Curfew, of Article A, Offenses Involving Minors, of Chapter 2, General Offenses, of Title 5, Police Regulations (changing definition of minor and hours of curfew to person below the age of sixteen years and between hours of 12:30 a.m. and 5:00 a.m. any day, and assessing fines)", 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 Greenwood stated in his conversations with the Police Chief he was told the age would be seventeen. Councilperson Gunderson stated he thinks the Police Chief is basing the age on the traffic area which allows sixteen year olds to be out to 12:30 a.m. with their progressive license. Councilperson Gunderson stated he believes the Police Chief is trying to mirror the state law. Mayor Hurley commented that as the ordinance is currently written, it would only cover 15 years old and younger, and he thinks the state law is you get a license at 16. Mayor Hurley stated he believes the proposed ordinance should say below the age of 17. August 14, 2006 Ordinances to be Adopted continued Councilperson Welper stated he also understood from the Police Chief that when a 16 year old gets a driver's license, he doesn't actually have a driver's license until he has had it for a year. Mayor Hurley noted he/she cannot be out after 12:30 a.m., and we pegged the time at 12:30 a.m to match state law. Page 10 With approval of the mover and seconder the above motion was withdrawn. Cole/Schmitt that "an Ordinance amending the 2001 Code of Ordinances of City of Waterloo, Iowa, to amend Section 5-2A-1, Curfew, of Article A, Offenses Involving Minors, of Chapter 2, General Offenses, of Title 5, Police Regulations (changing definition of minor and hours of curfew to person below the age of seventeen years and between hours of 12:30 a.m. and 5:00 a.m. any day, and assessing fines)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 124025 - Cole/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 124026 - Cole/Schmitt that "an Ordinance amending the 2001 Code of Ordinances of City of Waterloo, Iowa, to amend Section 5-2A-1, Curfew, of Article A, Offenses Involving Minors, of Chapter 2, General Offenses, of Title 5, Police Regulations (changing definition of minor and hours of curfew to person below the age of seventeen years and between hours of 12:30 a.m. and 5:00 a.m. any day, and assessing fines)", be considered and passed for the second and third times and adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Schmitt pointed out that this ordinance is a little more lenient with minors in the thirteen, fourteen, fifteen age bracket, but it ties in well with the Iowa law for graduated licenses. Councilperson Schmitt stated the Waterloo Police Department are not surrogate parents, and it is still up to the parents to know where their children are, and the fine assessments now not only include the minor but with this change to the ordinance it will also be an assessment against the parent. The ordinance includes an housing fee if the minor is detained because the officer doesn't know his/her name or has no address for the minor. It basically includes a babysitting fee to cover the time that the minor is held waiting for an adult to pick him/her up. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4828. 124027 Kincaid/Schmitt that "an Ordinance amending the 2001 Code of Ordinances of 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 garbage, refuse and yard waste and special exceptions to allow burning generated by city departments or natural disasters)", 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. Mayor Hurley reported the Clerk's office today received and distributed to the mayor and the council an email from Dan Pawlak asking to table this item due to some changes in wording that he suggested and some questions he had. Mayor Hurley thanked Mr. Pawlak for his comments, and stated those comments have been shared with the council, and if necessary he will comment back to Mr. Pawlak personally on his questions. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. August 14, 2006 Ordinances to be Adopted continued 124028 - Kincaid/Schmitt Page 11 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 124029 Kincaid/Schmitt that "an Ordinance amending the 2001 Code of Ordinances of 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 garbage, refuse and yard waste and special exceptions to allow burning generated by city departments or natural disasters)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4829. ORAL PRESENTATIONS 124030 - Deb VanRoekel, 1236 Dorothy Drive and President of the Women's Softball Association, read a brief letter to give the mayor and council. "The Waterloo Women's Softball Association (WWSA), a non-profit organization, has been helping women's softball stay alive in the Cedar Valley for 35 years. In late 1970s Leonard Katoski moved the women's softball league from Straub Fields to Exchange Park. The city advised then that women's softball could play on these fields as long as they kept them maintained. This we have done. At the time of the move, Exchange Park consisted of two unused and rundown fields. In early 2006 the WWSA was approached by Leisure Services and informed that the fields would no longer be available for women's softball and would be used to build a new youth softball and baseball complex. Leisure Services suggested that WWSA continue their play at Hoing-Rice Complex, home of the adult men's softball in Waterloo. The WWSA is not in favor of this move for a number of reasons: Women's teams will be forced to play at larger fields, pay higher league fees, and be limited to the number of fields available. At the present time the WWSA uses Exchange Park Tuesday through Thursday evenings. This will not be possible at Hoing-Rice Complex. Exchange Park is also home to the Waterloo Church League. The Church Leagues will have to relocate and find other avenues. Throughout the years the WWSA has put hundreds of labor hours and thousands of dollars into the Exchange Park fields keeping them maintained for both adults and youth leagues. The WWSA holds an annual Earth Day event to cleanup after the winter and cleanup after multiple floods throughout the years. WWSA keeps the restrooms clean all summer. The WWSA has donated funds to help the cost of parking lots, lights, fencing, dugouts and bleachers. The WWSA applied for and received a federal grant to light the fields and installation. During our annual softball tournaments, teams from other cities praise our fields and the work completed. Thirty years ago Mr. Katoski lead WWSA to the fields at Exchange Park where no one else wanted to be. Now after all the hard work that we have done Leisure Services wants them back. Is it fair to the women of Waterloo? The men's complex also sits on city ground. Would youth softball/baseball be an option at the men's complex? Are the funds available to make the new complex at Exchange Park become a reality? The WWSA has been an outlet for the women's recreation in the Cedar Valley for more than 35 years. During this time Exchange Park has been known as the "Women's Complex". The WWSA has worked hard with Leisure Services in the past to schedule later games during optimist season. We do not understand why a compromise cannot be attempted now. We are asking for your support to keep Exchange Park home of women's softball. We believe a move to Hoeing -Rice will end softball as we know it and ultimately our association." Mayor Hurley noted that a meeting is scheduled for August 23, 2006 with Leisure Services and all parties of men and women's softball. Mayor Hurley noted that there is nothing imminent. As a city, we are always looking for better ways to do things. Mayor Hurley noted he probably started this two years ago when he came into office about what if questions with every good intention for everyone for the Cedar Valley Sports Complex. It has taken some life, but its just strictly being investigated. We are into the input face but there is nothing ready to come to council that would kick any team or any league anywhere. Councilperson Greenwood stated when he met with representatives of WWSA at Exchange Park they mentioned a survey that was sent out to members, and he asked Ms. VanRoekel if the results of the survey were back. Ms. VanRoekel responded that 5 teams out of 19 said they would move. A lot of the teams are in the iffy stages, and there are a lot of things that change in women's softball in six to eight months. August 14, 2006 Oral Presentations continued Getty/Gunderson Page 12 that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 124031 - Schmitt/Kincaid that the council adjourn to Executive Session at 6:30 Motion carried. p.m. Ayes: Seven. City Attorney Jim Walsh stated that discussion of Earl Baugh lawsuit is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2005) . EXECUTIVE SESSION 124032 - Schmitt/Kincaid that the council adjourn Executive Session at 7:03 p.m. Ayes: Seven. Motion carried. ADJOURNMENT 124033 - Schmitt/Gunderson that the Council adjourn at 7:03 p.m. Ayes: Seven. Motion carried. Nancy Ei] ert, CMC City Clerk