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HomeMy WebLinkAboutMinutes-7 /24/2006July 24, 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, July 24, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. 123855 - Schmitt/Kincaid that the Agenda, as amended, for the Regular Session on Monday, July 24, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 123856 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular at 5:30 p.m., be accepted and approved. Ayes: Session on Monday, July 17, 2006, Seven. Motion carried. Mayor Hurley read a Proclamation declaring August 1, 2006 as National Night Out. Mayor Hurley acknowledged the Waterloo Municipal Band for their participation in the Boone, Iowa 15th Iowa Municipal Band event. Mayor Hurley reported on his weekend with Iowa National Guard at Camp Ripley. CONSENT AGENDA 123857 - Schmitt/Kincaid that the following items on the consent approved: a. Resolutions to approve the following: agenda be received, placed on file and 1. Resolution approving Schedule AP640, pp. 1-66, dated July 24, 2006, in the amount of $3,776,722.26, 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. 2006-611. b. Motion to approve the following: 1. Hector Camarin and Dustin Lindaman, Police Officers, to attend Vehicle Theft School in Johnston, Iowa on July 24-25, 2006, with costs not to exceed $344.00, including the use of city vehicle. 2. Dan Sellers, Iowa City Police Lieutenant; Kelly Fitzpatrick, Cedar Rapids Police Lieutenant; and Dan Avenarius, Dubuque Police Lieutenant; to travel to Waterloo, Iowa on July 11-12, 2006, for Police Department Sergeant interviews, with costs not to exceed $387.00. 3. Mohammad Elahi, Traffic Engineer; Foreman; and Doug Eldridge, Signal Autoscope Video Detection Systems 2006, with costs not to exceed $900. Randy Heiberger, Signal Technician Technician II; to attend training on in Chicago, Illinois on July 24-26, 00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Monica's, 324 East 4th Street (Renewal) (Expires 7/28/07) (Includes Sunday Sales) Upper Deck Sports Bar & Grill, 910 West 5th Street (Renewal) (Expires 7/24/07) (Includes Sunday Sales) Mustang Bar, 1927 Jefferson Street (6 Month) (Expires 1/22/07) (Includes Sunday Sales) d. Bonds. Ayes: Seven. Motion carried. July 24, 2006 HEARINGS Page 2 123858 - Kincaid/Welper that proof of publication of notice of public hearing on request of Rooff Development L.L.C. to sell and convey city -owned property generally located one block from the new Walter Cunningham School of Excellence for $1.00 to allow construction of a new home, as published in the Waterloo Courier on July 17, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123859 - Kincaid/Welper that the request of Rooff Development L.L.C. to sell and convey city -owned property generally located one block from the new Walter Cunningham School of Excellence for $1.00 to allow construction of a new home be withdrawn at the request of the applicant. Ayes: Seven. Motion carried.' PETITIONS FROM PUBLIC 123860 - Gunderson/Welper that communication from Senior Planner transmitting 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, be received, placed on file and "Resolution setting date of hearing as August 14, 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. 2006-612. 123861 - Gunderson/Welper that communication from City Planner transmitting request of Schaefer Tree and Lawn LLC to sell and convey for $1.00 property formerly part of the Reed Cadillac site acquired by the city as part of the West 6th Street Relocation Project to construct a 3,000 sq. ft. building valued at approximately $100,000.00, be received, placed on file and "Resolution setting date of hearing as August 14, 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 there was a question at the agenda meeting regarding a steel building at that location. The property right next door is Habitat for Humanity, and they also have a steel building. Don Temeyer, Community Planning & Development Director, stated letters have bee mailed to the adjacent property owners to inform them of the proposal by the purchaser so they can give comments to staff or council members before the hearing. 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. 2006-613. 123862 - Gunderson/Welper that communication from City Planner transmitting 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, be received, placed on file and "Resolution setting date of hearing as August 14, 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. 2006-614. July 24, 2006 REPORTS 123863 - Getty/Greenwood Page 3 that communication from City Engineer transmitting proposed Reconstruction and Overlay Street Improvements Lists for 2007, be received, placed on file and "Resolution approving said lists", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-615. DOCUMENTS 123864 Cole/Kincaid that communication from Community Planning and Development Director transmitting agreement for Professional Services with Vandewalle & Associates of Madison, Wisconsin at a cost not to exceed $60,000.00 to provide implementation services for the Riverfront Renaissance Project in Downtown Waterloo, 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. 2006-616. 123865 - Cole/Kincaid that communication from City Planner transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development and Rooff Contracting & Development for construction of four new homes within Enterprise Zone boundaries, 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. 2006-617. 123866 - Cole/Kincaid that communication from City Planner transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development and Midtown Development LLC for rehabilitation of Black's Building on the Park Avenue end for 11 - 12 apartments within Enterprise Zone boundaries, 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. 2006-618. 123867 - Cole/Kincaid that communication from City Planner transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development and PBI -Tech LLC for redevelopment of 11 -story, 222 -unit hotel building into 130 -unit apartment complex within Enterprise Zone boundaries, 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. 2006-619. 123868 - Cole/Kincaid that communication from City Planner transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development and The Rose of Waterloo for construction of 64 -unit senior assisted living facility for the frail elderly within Enterprise Zone boundaries, 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. 2006-620. 123869 - Schmitt/Welper that communication from Mayor Tim Hurley transmitting agreement with Isle of Capri Casinos, Inc. outlining a process and each party's responsibilities for any future changes at the corner of Dysart Road, East Shaulis Road and Highway 218 once the casino and hotel are operating, be received, placed on file and "Resolution approving said agreement", be adopted. Prior to a vote on the above motion, the following comments were heard. July 24, 2006 Documents continued Ken Nelson, 1551 Dakota Drive, spoke on behalf of the National Cattle Congress. Mr. Nelson stated they are asking council to hold the feet of Isle of Capri to the fire. Mr. Nelson stated it is the National Cattle Congress' understanding that when the Isle of Capri was granted its gaming license it was understood that there would be no infrastructure improvements that were going to be needed in Waterloo. Mr. Nelson stated perhaps that will remain given traffic.. studies to be done, but he doesn't believe that will be likely given the agreement that he has had an opportunity to read that states that there have been numerous discussions between the city, the Isle of Capri, and Ryan Companies, their general contractor. Mr. Nelson stated it is their further understanding that if any improvements were to be needed that those would all be paid by Isle of Capri, and the agreement states that any improvements to be made as a result of these traffic studies would be capped at $1.75 million dollars with the city relying upon its reserves or other means to pick up the balance. Mr. Nelson said it has been stated to the city, its been stated to the Iowa Racing and Gaming Commission by Isle of Capri and more importantly its been stated to the taxpayers of Waterloo and Black Hawk County that the Isle of Capri would not be needing infrastructure improvements for its casino which is yet to be built. On behalf of the National Cattle Congress, Mr. Nelson urged the council to vote against entering into the agreement at this time or in the future. Or at the very least if the city does enter into the agreement that a cap be placed on the amount that the Isle of Capri will have to contribute with the balance to be paid by the city. Mr. Nelson stated it is their position that the city is playing the role of the gambler in this case. You are getting small payouts which are nice, but in the long run you decide to invest more and more. And in classic casino style as we all know, the house always wins. Mr. Nelson stated the council has been charged with monitoring the Isle of Capri. Mr. Nelson stated they are asking the council to hold their feet to the fire and that they not be seduced and played by them, and that council knows when to hold them, and when to fold them. Mr. Nelson stated if the city enters into this agreement, he thinks it is goingto have a pretty bad hand, and that the National Cattle Congress thinks the public needs to know how the city arrived at the $1.75 million dollar cap. Mr. Nelson stated he understands that there were negotiations that culminated in disagreement, but they would ask and urge the council to vote against it until additional studies have been done, until the traffic count and the studies have been done. That the council take up the issue a year after the casino has been in operation rather than now. Mr. Nelson stated he knows fiscal planning requires that you try to get this stuff in place prior to something like this going into effect, but he thinks the city is jumping the gun. Mr. Nelson, on behalf of the National Cattle Congress and as a taxpayer of Waterloo, urged the council to vote against this agreement. Tunis Den Hartog, 1925 Westchester Road, stated he was an officer in the group that tried unsuccessfully to get the downtown casino. Mr. Den Hartog stated it was publicly stated many times that the access roads and all the infrastructure were either adequate to serve the Isle of Capri, but in the event that it wasn't they would pay all the cost that were attended there. Mr. Den Hartog reminded the council that was what the agreement, and the public will say that many times. Page 4 Dave Nagle, stated this project. Mr. to the council not is premature. Its develop out there, be, we don't know he was representing a number a people who have concerns about Nagle suggested that among the reasons that have been urged to do this, he thinks the most persuasive is the fact that it premature in the sense that we don't know what's going to we don't know what the total cost of the project is going to what our resources are gonna be at the time the thing is completed, and to a certain extent we are literally buying a pig and a poke. We're betting that something isn't going to cost something that it might cost. Mr. Nagle stated he thinks its premature, that the city does not have to do this right now, but can wait and see where we are. Mr. Nagle stated it says if a significant adverse condition is found, and significant adverse condition is defined, but then the question is to exist which is directly attributable to Isle of Capri (IOC) traffic then IOC agrees. Mr. Nagle stated he doesn't know what that means, how you attribute that to IOC as opposed to someone else. Mr. Nagle stated he can see arguments develop and then the mayor and council's successors in interest in two years saying well its not really IOC coming in here and saying well its not really not our fault. Mr. Nagle stated that any amount due in connection with the project to the events that cost exceeds IOC's obligation shall be paid through city resources, so in essence we are saying that we are going to pay for something and we don't know what it is. We are going to assume that it was caused by IOC, although we don't know that they won't disagree with that. Mr. Nagle stated the agreement is presented and the letter says after consulting with the city to retain traffic engineers to evaluate and design the improvements needed to mitigate the situation. July 24, 2006 Documents continued Mr. Nagle stated his question about that paragraph is who hires the traffic engineers to evaluate and design the improvements. Does the city hire them at their expense or. does IOC hire the engineers. Because who selects the engineers and evaluates the cost can have a major impact on the course that you are going to subsequently have to take. Mr. Nagle stated that while he appreciates the discussions and the foresight, he would suggest to the council that its premature to do this at this time and better to wait to have a more definitive picture of what's going to happen out there before we commit an unknown amount of city resources to a future project which we may or may not be able to afford. Mayor Hurley thanked Bob Molinaro as a citizen and as a Mayor representing this council for all of the work that he has done over the years and his company, Warren Transport, for financially supporting the Waterloo Jaycees as they do their good work in the Waterloo Open. Mayor Hurley congratulated Mr. Molinaro on his election to the Waterloo Golf Hall of Fame. Bob Molinaro, 3545 Augusta Circle, thanked Mayor Hurley for the kind remarks and stated irrespective of what we may or may not agree or disagree on, he will always continue to do things for our city. Mr. Molinaro referred to the Wells Report, which was very instrumental in the decision making that swayed a lot of people including the city and the Cedar Valley Association. Mr. Molinaro stated the Wells Report clearly shows that the representations that the previous people made, and when they questioned some of the investors, they referred to the dog track as a good access, and the location at the Isle of Capri was referred to as an excellent access. Mr. Molinaro stated there were conversations after they pointed out they were concerned about the cost of the access. The Wells people confirmed with Isle of Capri's attorneys that should there be any other additional costs, and the reply was they didn't anticipate there was going to be any additional costs but if there were they would attend to those costs. Mr. Molinaro stated there is no reason to have to do this in a rush. We are looking down the road several years before this study is even 'conducted, and a. lot of things, hopefully, will change during that time. Mr. Molinaro urged the council to table this item to see all the costs before we rush into something. Mr. Molinaro stated he thinks it is only good business that the city hold off until we know what all the facts are, and that is what any business would do, and he urged the council to do the same thing. Page 5 Mayor Hurley stated the city's Engineering Department has been working with the general contractor and indirectly with Isle of Capri since probably last fall but certainly the winter. There have been a number of meetings about design and engineering of the intersection, and Isle of Capri is already committed to paying for and not touching any public body for paying for the refinements and the engineering changes that are required because of the casino and hotel at the intersection of Dysart, Shaulis and 218. Mayor Hurley stated the contention here, and its why we went into an agreement with them, is that he doesn't think we should hold Isle of Capri liable for any road improvements in south Waterloo for whatever period of time. And that is why its tied to the hotel and the casino, and why we are going to go a year and do this study. Mayor Hurley stated the city will do the traffic study that way its in our hands, and if there are adverse conditions then from that point on Isle of Capri pays for engineering and design. Mayor Hurley stated he doesn't think anyone would think it is fair, and that is why he is suggesting to the council in this agreement that we would hold the Isle of Capri or any company up for whatever other assets go out there. Be it another hotel, an expansion at the water park, housing division or whatever cause increase in traffic. That should be on the Isle of Capri's dime. Mayor Hurley stated that in our engineering calculations $1.75 million would do a very fine road. Not 50 years from now because of inflation, maybe not even 10 years from now but a $1.75 million cap will in his estimation and in our Engineering Department and Traffic Department's estimation fold in Isle of Capri's responsibilities to the casino and the hotel. Councilperson Welper asked what is the problem with waiting a year or two. Mayor Hurley responded that the problem is right now, other than the water park and what they are doing out there, there is no other development. If we wait a year or two, what if there is other development. The question was raised about how do we discern, how do we know its the hotel and the casino. We did not discuss that in negotiations as we hammered this out and went over all the technical details, but that is a good question. Councilperson Greenwood stated all he can remember hearing when this was being debated was that the traffic improvements infrastructure would be revenue and neutral to the city. Councilperson Greenwood stated he doesn't know why we would put a cap on this at $1.75 million, especially when we might be looking at improving the interchange in July 2008, maybe January 2009. July 24, 2006 Documents continued Page 6 Councilperson Greenwood stated he knows the cost escalated on the Ansborough interchange when that took a couple of years to design it and to buy the land. Probably the imminent domain lays will change and what are we going to have to pay for the property, and he doesn't know why we would want to tie it to something. Mayor Hurley stated in our estimations in what it would take to handle hypothetical increase in traffic load due to the casino and the hotel, $1.75 million would more than cover it in a reasonable amount of time. What if its 2012 or 2015 and the interchange needs to be worked on and now there's a hotel and an expanded water park and some other amusements going on out there. Do we go back to Isle of Capri and say put in the infrastructure. Councilperson Greenwood asked do we know what the traffic pattern is going to be, what if its coming from the interchange at 21 and coming back across Shaulis Road and that has to be made into a four -lane. Councilperson Greenwood stated he doesn't think we know enough about it. Mayor Hurley stated he hopes that would be a four -lane because that would only happen if housing developments, technology parks and the sort of thing that we are looking at on either side of 20 actually came into being. Mayor Hurley stated this seemed a fair compromise between Isle of Capri being held up for any kind of improvement we wanted to do out there and us saying you said this wasn't going to cost the city anything. Councilperson Welper stated it seemed to him when this all started that we were talking about the water park, and we were going to develop something like 200 acres out there. Councilperson Welper asked are we thinking far enough ahead of what the cost is going to be when this is all developed down the road. Mayor Hurley responded we are looking ahead, we have experience, we know what developments cost and we know how we get into them. Mayor Hurley stated that typically if there was a big housing development out there or somebody came in, most of the time the developer handles the street. Councilperson Welper stated it seems to him what we are talking about here is we are only looking out for maybe two years. When we find out how much additional traffic is going to be in that area, and it could be even greater if that park out there ends up being 200 acres. Councilperson Schmitt stated what we are talking about here is the total development of that area and hopefully it will continue to grow and traffic increases. Councilperson Schmitt stated he thinks this addresses what portion of that future traffic and the responsibility for the infrastructure belongs to IOC. Councilperson Schmitt we have all seen the same numbers, they range up to 1,600 vehicles and our engineering estimates $1.75 million will cover IOC's portion of traffic out there. Dennis Gentz, Assistant City Engineer, stated IOC hired a traffic engineering firm from the Minneapolis area to do the traffic study and report, which was reviewed by the city's traffic engineer and after review and comment there were some revisions made in the report. As a result, their traffic engineer designed the proposed agreements that we have reviewed. At this point, Isle of Capri has hired their own consultant to design those improvements, and their commitment is to pay for those improvements that will be made at the Shaulis and 218 intersection as well as the Shaulis Road and the entrance to the Isle of Capri. Mr. Gentz stated the $1.75 million would be over and above the proposed improvements at this time. That $1.75 million would come into play a year after the hotel and casino are open, the city would do a traffic analysis to determine if there is a significant adverse condition that exists. If that is determined to be the case then the Isle of Capri would then hire their traffic engineer to design the improvements necessary to address that significant adverse conditions. This $1.75 million would go toward those improvements at that time. Over and above what is proposed now. Getty/Cole that this item be tabled for table for two weeks. Ayes: Seven. Motion carried. Mr. Nagle asked if the public could have access to Isle of Capri's documents at the City Clerk's office. Mayor Hurley responded he will check on that tomorrow. July 24, 2006 Documents continued 123870 - Cole/Schmitt Page 7 that communication from Senior Planner transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions totaling $70,000.00-$80,000.00 for 1331 Solar Drive 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. 2006-621. 123871 - Cole/Schmitt that communication from Associate Engineer transmitting 28E Agreement with Waterloo Water Works for construction of a new sanitary sewer and water main from Highway 63, south to Shaulis Road and east to Hoff Road in conjunction with F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions, 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. 2006-622. 123872 - Cole/Schmitt that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources for storm water discharges associated with F.Y. 2006 Urban Road System Iowa Highway 21 at Hawkeye and Orange Road, Contract No. 699, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-623. 123873 - Cole/Schmitt that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources for storm water discharges associated with F.Y. 2006 Riverwalk Loop Trail - East 6th to 18th, Contract No. 696, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-624. 123874 - Cole/Schmitt that communication from Associate Engineer transmitting City -State Agreement for RISE Funds in the amount of $300,000.00, with local contribution of $253,800.00 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. Prior to a vote on the above motion, the following comments were heard. Dennis Gentz, Assistant City Engineer, reported that would be extended easterly to the east boundary of the current ConAgra property so that they will have access on the easterly end of their property. Mr. Gentz pointed out the agenda states that the city's contribution is $573,100.00 but that is actually the total contract cost and not the city's contribution. The RISE agreement is. $300,000.00 or 80 percent of the project cost. 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. 2006-625. 123875 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting Change Order No. 1 for a net increase in the amount of $9,250.25 for work performed by Radio Communications Systems of Waterloo, Iowa in conjunction with Traffic Monitoring System, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. July 24, 2006 RESOLUTIONS TO BE ADOPTED Page 8 123876 - Welper/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. Mayor Hurley explained that the copy the council has that Section says that the Easton Avenue site would be open for collection of yard waste between sunrise and sunset from April 1 to November 30. We think we should change that to 7:00 a.m. to 8:00 p.m. from April 1 to November 30. The dates stay the same, but instead of saying sunrise to sunset we would run it 7:00 a.m. to 8:00 p.m. allowing those who get off work at 4:00 or 5:00 o'clock time to collect their stuff and get out there. An attendant will be on duty, and Mr. Shea will be able to do that within his operating budget and it will run seven days a week. Welper/Cole that the resolution be amended to change the time from 7:00 a.m. to 8:00 p.m. Dick White, resident of Nashua, stated he has reviewed this resolution and agrees with it in principle, but he thinks there is a group of property owners that have been excluded, which is non-resident landlords. Mr. White stated he is not a resident, but he does try to give his rental properties a haircut every year, maybe twice, and he uses the yard waste disposal site, and he would like to suggest maybe a permit of some sort would be available for non-resident landlords. It could be as simple as carrying a printout of the county information on his property that shows him as an owner and then he would show his Nashua drivers license. Councilperson Gunderson stated he mentioned in the work session about people who own property here but don't live here and are trying to maintain their property. Councilperson Gunderson stated he would like something put in the resolution to give people a chance who want to maintain their property in Waterloo. We have it set up right now through the Maintenance Code that we want people to improve their property, and some people who rent won't maintain the property so let the people who own the property to do it. Councilperson Gunderson stated he would like to see some type of consideration put in the resolution that would allow property owners to use our facility even through they do not live in Waterloo. Councilperson Cole stated we are never going to cover everybody in an ordinance, but she would be inclined to agree with Councilperson Gunderson, and she thinks Mr. White has a good idea. Councilperson Cole stated she thinks all we need to see is some proof of residential property ownership within the Waterloo corporate limits. Councilperson Cole stated the Courier will be covering this, and the city could get some press releases out and explain the resolution to people. It is to protect the taxpayers of Waterloo, not to penalize people. Gunderson/Cole that the resolution be tabled for two weeks. Ayes: Seven. Motion carried. 123877 - Welper/Kincaid that "Resolution approving use of discretionary hotel/motel tax funds in the amount of $22,725.00 for the Waterloo Municipal Band", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-626. 123878 - Welper/Kincaid that "Resolution authorizing placement of sign in 2300 block of Logan Avenue designating the Black Hawk Union Council - AFLCIO as sponsor of flag pole that was installed next to the City of Waterloo Municipal Recognition sign located near Allen Hospital on Highway 63 south", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-627. July 24, 2006 Resolutions to be Adopted continued 123879 - Welper/Kincaid Page 9 that "Resolution authorizing and directing the City Clerk to destroy certain records and papers as provided by 2005 Code of Iowa be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-628. ORDINANCES TO BE ADOPTED 123880 - Getty/Cole that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (2a) Dane Street of Section 559, 10 Minute Parking; and enacting in lieu thereof a new Subsection (2a) Dane Street of Section 559, 10 Minute Parking (10 minute parking limit along the south side of the 500 block of Dane Streets)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123881 - Getty/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123882 - Getty/Cole that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (2a) Dane Street of Section 559, 10 Minute Parking; and enacting in lieu thereof a new Subsection (2a) Dane Street of Section 559, 10 Minute Parking (10 minute parking limit along the south side of the 500 block of Dane Streets)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4823. 123883 - Gunderson/Cole that "an Ordinance amending the 2001 Waterloo Code of Ordinance as it pertain to new Section 4-2-6, Eviction Nuisance Abatement (creating $100.00 administrative fee plus actual costs of collection and disposal of property placed on public right of way after 24 hours)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123884 - Gunderson/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123885 - Gunderson/Cole that "an Ordinance amending the 2001 Waterloo Code of Ordinance as it pertain to new Section 4-2-6, Eviction Nuisance Abatement (creating $100.00 administrative fee plus actual costs of collection and disposal of property placed on public right of way after 24 hours)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4824. 123886 - Schmitt/Kincaid that "an Ordinance amending the 2001 Waterloo Code of Ordinances as it pertains to new Section 5-1B-6, Restrictions on Possession of Animals (prohibiting a person from owning, keeping, sheltering or harboring any dog within the city limits after two convictions of a misdemeanor and/or municipal infraction under Section 5-1B-4)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123887 - Schmitt/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. July 24, 2006 Ordinances to be Adopted continued Page 10 123888 - Schmitt/Kincaid that "an Ordinance amending the 2001 Waterloo Code of Ordinances as it pertains to new Section 5-1B-6, Restrictions on Possession of Animals (prohibiting a person from owning, keeping, sheltering or harboring any dog within the city limits after two convictions of a misdemeanor and/or municipal infraction under Section 5-1B-4)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4825. 123889 — Cole/Schmitt that "an Ordinance amending the 2001 Code of Ordinances as it pertains Section 5-2-12, Drug Paraphernalia, Definitions (adding two additional definitions to the term of drug paraphernalia)", 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 Cole explained what is being added to the definition. A mesh pad or sponge composed of metal and/or metal alloys made for cleaning but when cut into pieces is used as a filter for smoking crack cocaine. Such items shall not be considered paraphernalia when they are sold in the original packaging. And drug stems, which is a 2" - 6" long tube, made of glass metal ceramic, include but are not limited to glass files or tubes which may contain novelty items of insignificant value or may contain items that are not in the normal course of business packaged in such a manner. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 123890 - Cole/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123891 - Cole/Schmitt that "an Ordinance amending the 2001 Code of Ordinances as it pertains Section 5-2-12, Drug Paraphernalia, Definitions (adding two additional definitions to the term of drug paraphernalia)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4826. NEW BUSINESS 123892 - Greenwood/Schmitt that "Resolution setting date of hearing as August 7, 2006 at 5:30 p.m. in the City Hall Council Chambers on amendments to 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 five acres in area and not occupied by the owner, and changing definition of garbage, refuse and yard waste", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-629. 123893 - Cole/Greenwood that "Preliminary Resolution approving construction of sidewalk improvements in conjunction with the F.Y. 2007 Sidewalk Repair Assessment Program - Zone 6, Contract No. 712", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-630. July 24, 2006 New Business continued 123894 - Cole/Greenwood Page 11 that "Resolution fixing value of lots in conjunction with the F.Y. 2007 Sidewalk Repair Assessment Program - Zone 6, Contract No. 712", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-631. 123895 - Cole/Greenwood that "Resolution adopting preliminary plat and schedule of assessments and estimate of costs in conjunction with the F.Y. 2007 Sidewalk Repair Assessment Program - Zone 6, Contract No. 712", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-632. 123896 - Cole/Greenwood that "Resolution of Necessity setting date of hearing as August 14, 2006, at 5:30 p.m. in the City Hall Council Chambers on F.Y. 2007 Sidewalk Repair Assessment Program - Zone 6, Contract No. 712", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-633. 123897 - Getty/Kincaid to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Sidewalk Repair Assessment Program - Zone 6, Contract No. 712, be received, placed on file and approved. Ayes: Seven. Motion carried. 123898 - Getty/Kincaid that plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Sidewalk Repair Assessment Program - Zone 6, Contract No. 712, be received and placed on file. Ayes: Seven. Motion carried. 123899 - Getty/Kincaid that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-634. 123900 - Getty/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 and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-635. 123901 - Gunderson/Schmitt to instruct Superintendent of Central Garage to prepare specifications, etc. in conjunction with Purchase of Four Pick -Up Trucks, be received, placed on file and approved. Ayes: Seven. Motion carried. 123902 - Gunderson/Schmitt that specifications, etc. in conjunction with Purchase of Four Pick -Up Trucks, be received and placed on file. Ayes: Seven. Motion carried. 123903 - Gunderson/Schmitt that "Resolution preliminarily approving specifications, etc. in conjunction with above described pick-up trucks", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-636. July 24, 2006 New Business continued 123904 - Gunderson/Schmitt Page 12 that "Resolution setting date of hearing on specifications, etc. as August 7, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described pick-up trucks", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-637. 123905 - Cole/Schmitt to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with Purchase of Traffic Signal Equipment for Olympic Drive and Ansborough Avenue, be received, placed on file and approved. Ayes: Seven. Motion carried. 123906 - Cole/Schmitt that plans, specifications, form of contract, etc. in conjunction with Purchase of Traffic Signal Equipment for Olympic Drive and Ansborough Avenue, be received and placed on file. Ayes: Seven. Motion carried. 123907 - Cole/Greenwood that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-638. 123908 - Cole/Greenwood that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 7, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-639. ORAL PRESENTATIONS 123909 Laura Nash, 212 Ankeny Street, stated she represents the African American Historical Cultural Museum as their President and in conjunction with Peoples Community Health Clinic they are in the process of planning their 30 year celebration. The celebration will take place on Friday, September 22, 2006, beginning with the gala reception at the Elks Lodge. They will have hors d'oeuvre, beverage and a presentation that the museum will put together about Peoples Community Health Clinic. Peoples Community Health Clinic actually began in the basement of Antioch Church. The planning committee has already met twice and will be meeting again on Thursday for the third time to continue to finalize plans. On Saturday, September 23, they are planning to have a run/walk/bike ride. Along with different special presentations and demonstrations, there will be a health fair that Peoples Community Health Clinic will put together. There will be a friends campaign for the Peoples Community Health Clinic to begin a Peoples Community Health Clinic foundation, and they will have different vendors, exhibits and blood pressure screenings to celebrate good health in the Cedar Valley. The museum's part in the process is to actually give the history and to recognize individuals who were responsible for putting together Peoples Clinic. On June 24, 1976 Peoples Clinic opened their doors in the basement of Antioch Baptist Church, and they utilized approximately $9,000.00 worth of donated Supplies and equipment with volunteer nurses and physicians. Initially, the clinic functioned as a health screening service for area residents with services being free of charge. From the time they welcomed their first patient on June 24, 1976, Peoples Community Health Clinic has been guided by the mission to serve the medically underserved, and this mission continues to guide the work of the clinic as it begins its next 30 years of service to t1e Cedar Valley area. Peoples Community Health Clinic now serves over 15,000 individuals. They built the building at 905 Franklin Street, which opened approximately five years ago and this is a wonderful way to celebrate Peoples Community Health Clinic and tell the community about the history of Peoples Clinic. July 24, 2006 Oral presentations continued Dale Wille, 2648 Saratoga Drive, thanked Police Chief Tom Jennings and the two officers that dealt with a problem that existed in Ward 2 and Ward 5 about three or four weeks ago and commended the officers for the job they did. Three little girls were being harassed by fireworks, and he thanked Chief Jennings and the Police Department for a job well done. Mr. Willie asked how the project is coming on the work on Park Lane. Mr. Willie stated a design study on flood control was done on Bontrager Park. In 1993 the flood came, Bontrager Park was level full with 9th Street. The water was flowing over the embankment into the creek behind homes on Saratoga Drive in Ward 2. Dale Clark brought out a triple axle wrecker, and they hooked onto the grate and when they pulled the lever to pull it up the truck went back. That is how much force was on that grate work. Mr. Willie stated he knows there is a plan to make that into a box type of grating so that when the storm does come somebody can go crack it up without the water force being in there. Mr. Willie asked if the city could look into it and see where it is at as he would really appreciate something being done. Page 13 Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 123910 - Gunderson/Cole that the Council adjourn at 6:59 p.m. Ayes: Seven. Motion carried. Nancy ert, CMC City Clerk