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HomeMy WebLinkAboutMinutes-11/20/2006November 20, 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, November 20, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: 124501 - Schmitt/Kincaid Councilperson Harold Getty. that the Agenda, as amended, for the Regular Session on Monday, November 20, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 124502 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, November 13, 2006, at 5:30 p.m„ be accepted and approved. Ayes: Seven. Motion carried. Lantanya Graves and Sharon Goodsen explained they will be putting white ribbons around trees in the Franklin, Gates and Sullivan Parks in remembrance of Donnisha Hill. CONSENT AGENDA 124503 - 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. 1-89, dated November 20, 2006, in the amount of $3,816,314.51, 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. 2006-1003. 2. Communication from City Engineer transmitting request of Larry Lewis for a waiver for a concrete driveway to be located at 194 Graceline Boulevard, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned. No. 2006-1004. 3. Communication from City Engineer transmitting request of Kent D. Orchard for a waiver for an asphalt driveway to be located at 219 West 12th Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-1005. b. Motion to approve the following: 1. Mohammad Elahi, Traffic Engineer; Doug Eldridge, Signal Technician II; and Randy Heiberger, Signal Foreman; to attend 2006 User's Group Conference in Davenport, Iowa on December 4-7, 2006, with costs not to exceed $385.00 per person, including use of city vehicle. 2. Donna Lesyshen, Waterloo Housing Partnership Coordinator, to attend NeighborWorks Training Institute Training in New Orleans, Louisiana on December 10-16, 2006, with costs not to exceed $395.00. 3. Brent Cirksena, Police Lieutenant, to attend Iowa Multi Jurisdictional Drug Task Force Training in Altoona, Iowa on November 29-30, 2006, with costs not to exceed $207.28, including use of city vehicle. 4. Lynn Moller and Jeff Tyler, Police Officers, to travel to Chicago, Illinois for investigation on September 26-27, 2006, with costs not to exceed $332.13, including use of city vehicle. 5. Dan Youngblood and John Magdefrau, Combination Inspectors, to attend Improving Residential Building Inspection Skills Training in Madison, Wisconsin on December 6-8, 2006, with costs not to exceed $2,070.00, including use of city vehicle. November 20, 2006 Consent Agenda continued 6. Communication from Chief Financial Officer transmitting recommendation of appointment of Emily Graham to the position of Financial Analyst, effective December 7, 2006. Page 2 c. Liquor License Permit Application Class E West Side Liquor, 835 West 5th Street (New) (Expires 12/01/07) (Includes Sunday Sales) Franklin Super Market, 1975 Franklin Street (Renewal) (Expires 11/11/07) (Includes Sunday Sales) d. Wine License Permit Application Class B West Side Liquor, 835 West 5th Street (New) (Expires 12/01/07) (Includes Sunday Sales) Franklin Super Market, 1975 Franklin Street (Renewal) (Expires 11/11/07) (Includes Sunday Sales) e. Beer License Permit Application Class C West Side Liquor, 835 West 5th Street (New) (Expires 12/01/07) (Includes Sunday Sales) Franklin Super Market, 1975 Franklin Street (Renewal) (Expires 11/11/07) (Includes Sunday Sales) f. Beer License Permit Application Class B National Dairy Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires 12/23/07) (Includes Sunday Sales) LaPlacita, 322-324 West 4th Street (New) (Expires 11/15/07) (Includes Sunday Sales) g. Beer/Liquor License Permit Application Class C Club 2000, 2000 Hawthorne Avenue (Renewal) (Expires 12/5/07) (Includes Sunday Sales) Balkan Grill, 926 LaPorte Road (Renewal) (Expires 11/22/07) (Includes Sunday Sales) h. Cigarette/Tobacco Permit Application West Side Liquor, 835 West 5th Street i. Fireworks Display Application Main Street Waterloo on December 9, 2006 j. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 124504 - Gunderson/Welper that proof of publication of notice of public hearing on purchase of 2006 Golf Turf Equipment, as published in the Waterloo Courier on November 8, 2006, be received and placed on file. Ayes: Seven. Motion carried. 124505 — This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 124506 - Gunderson/Schmitt that "Resolution confirming approval of bid document, specifications, etc. in conjunction with the purchase of 2006 Golf Turf Equipment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1006. • November 20, 2006 Page 3 Hearings & Bids continued 124507 - Gunderson/Schmitt that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1007. 124508 — Gunderson/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review. Bids were received from the following companies: Great American Outdoor, Green Image LLC, J.W. Turf Inc., Tri State Co., and Midwest Turf & Irrigation. The companies bid on numerous brands and models. Said bids are on file in the City Clerk's office for public inspection. Ayes: Seven. Motion carried. 124509 - Gunderson/Welper that proof of publication of notice of public hearing on purchase of Four John Deere 1565 Commercial Front Mowers, as published in the Waterloo Courier on November 8, 2006, be received and placed on file. Ayes: Seven. Motion carried. 124510 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt that the hearing be closed, Ayes: Seven. Motion carried. 124511 - Gunderson/Schmitt that "Resolution confirming approval of bid document, specifications, etc. in conjunction with the purchase of Four John Deere 1565 Commercial Front Mowers", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1008. 124512 - Gunderson/Schmitt that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1009. 124513 - Gunderson/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Waterloo Implement, Waterloo, Iowa $75,739.59 Phelps Implement Corp, Grundy Center, Iowa $84,206.73 Waverly Implement, Waverly, Iowa $76,650.00 Ayes: Seven. Motion carried. 124514 - Getty/Schmitt that proof of publication of notice of public hearing on General Obligation Bond Demolition Project, Contract No. 145 -D -GO -11-17-06, as published in the Waterloo Courier on November 8, 2006, be received and placed on file. Ayes: Seven. Motion carried. 124515 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Greenwood that the hearing be closed. Ayes: Seven. Motion carried. November 20, 2006 Hearings & Bids continued Page 4 124516 - Getty/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 145 -D -GO -11-17-06", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1010. 124517 - Getty/Greenwood that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1011. 124518 - Getty/Greenwood that the date of bid opening be moved to December 4, 2006. Ayes: Seven. Motion carried. Councilperson Gunderson reported the houses are located at 647 Ankeny Street, 615 West 8th Street, 1811-1813 East 4th Street and garages at 118-120 Harrison Street and 1020 West 3rd Street. HEARINGS 124519 - Welper/Kincaid that proof of publication of notice of public hearing on Purchase of One 2004 Elgin 3 Wheel Hydraulic Drive Street Sweeper for Street Department from EDM Equipment at a cost of $105,500.00, as published in the Waterloo Courier on November 15, 2006, be received and placed on file. Ayes: Seven. Motion carried. 124520 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Greenwood that the hearing be closed. Ayes: Seven. Motion carried. 124521 - Welper/Schmitt that "Resolution authorizing purchase of One 2004 Elgin 3 Wheel Hydraulic Drive Street Sweeper for the Street Department from EDM Equipment at a cost of $105,500.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by. Mayor assigned No. 2006-1012. 124522 - Schmitt/Welper that proof of publication of notice of public hearing on request of Stephen Clabby to vacate the 5 -foot easement generally located along the westerly edge of Lot 61 in Heartland Hills Second Addition, as published in the Waterloo Courier on November 8, 2006, be received and placed on file. Ayes: Seven. Motion carried. 124523 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 124524 - Schmitt/Welper that "an Ordinance vacating the 5 -foot easement generally located along the westerly edge of Lot 61 in Heartland Hills Second Addition", 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 Gunderson noted that the plat shows three quarters of Mr. Clabby's house will be in Waterloo and a quarter in Cedar Falls and asked if he will pay taxes to both entities. • • November 20, 2006 Hearings continued Don Temmeyer, Community Planning & Development Director, stated there has been some confusion, but the last he heard they will actually calculate the value for Cedar Falls and put that on their tax rolls and split it up between Waterloo and Cedar Falls. It has happened in several places in the city. There is one location off the road near the Cedar River that is part of the county and part of two cities. Page 5 Mayor Hurley asked who will provide police and fire protection. Mr. Temeyer responded it depends on where the address is located. If its an address in Cedar Falls, it would be logical to go to Cedar Falls; otherwise, it would be logical to go to Waterloo. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 124525 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 124526 - Schmitt/Cole that "an Ordinance vacating the 5 -foot easement generally located along the westerly edge of Lot 61 in Heartland Hills Second Addition", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4847. 124527 - Kincaid/Welper that proof of publication of notice of public hearing on request to vacate the 40' greenway easement generally located along the lots at the northeast corner of Crossroads Boulevard, as published in the Waterloo Courier on November 8, 2006, be received and placed on file. Ayes: Seven. Motion carried. 124528 - 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 and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 124529 - Kincaid/Welper that "an Ordinance vacating the 40' greenway easement generally located along the lots at the northeast corner of Crossroads Boulevard", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 124530 - Kincaid/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 124531 Kincaid/Welper that "an Ordinance vacating the 40' greenway easement generally located along the lots at the northeast corner of Crossroads Boulevard", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4848. UNFINISHED BUSINESS 124532 - Welper/Kincaid that communication from Superintendent of Central Garage transmitting recommendation of award of bid in the amount of $116,705.00 to Dons Truck Sales of Fairbank, Iowa in conjunction with the Purchase of Aerial Truck for the Leisure Services Department, 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. 2006-1013. November 20, 2006 PETITIONS FROM PUBLIC 124533 - Gunderson/Kincaid Page 6 that communication from City Planner transmitting request to approve a minor site plan amendment for the new hotel to be built just south of the Hampton Inn site to change entrance to align with the existing median cut in Crossroads Boulevard, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1014. 124534 - Gunderson/Kincaid that communication from Dave Stueve transmitting request for an exception to Sec 5-2-6, Discharging. Weapons, of the Waterloo Code of Ordinance, to allow for an indoor practice range for archers in a Pro Shop business to be located at 700 Ansborough Avenue, be received, placed on file and "Resolution approving exception", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1015. 124535 - Gunderson/Kincaid that communication from City Planner transmitting request of National Retail Properties for a site plan amendment to the "S-1" Shopping. Center Commercial District for redevelopment and expansion of 1411 Flammang Drive to allow for 4,000 square foot addition, be received, placed on file and "Resolution setting date of hearing as December 11, 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. 2006-1016. REPORTS 124536 - Cole/Schmitt that communication from Chief Financial Officer transmitting 2006 Annual Financial Report to be filed with the State Auditor, be received, placed on file and "Resolution approving said financial report", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1017. DOCUMENTS 124537 - Cole/Schmitt that communication from Senior Planner transmitting Contract Petition and Waiver with Shadow Creek Crossing, L.C. for public improvements within the development to be constructed no later than November 2011, be received, placed on file and "Resolution approving said petition and waiver", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1018. 124538 - Cole/Schmitt that communication from Leisure Services Director transmitting three-year Ground Lease agreement with the Waterloo Water Works Board for operation of the Hoing- Rice Softball Complex on Water Works property, 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. 2006-1019. 124539 - Cole/Schmitt that communication from Leisure Services Director transmitting three-year Facility Lease agreement with the Waterloo Softball Association for the use of the Hoing-Rice Softball Complex, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson stated a couple of months ago some women from the Waterloo Softball Association came before the council with their concerns about combining both groups and asked if they worked out their differences. • • November 20, 2006 Page 7 Documents continued Paul Hutting, Leisure Services Director, of the successful agreements between Associations, and they have agreed to Complex. Mr. Huting stated he thinks meeting have been addressed. reported the two leases are a spin-off the Men's and the Women's Softball do business together at the Hoing-Rice the concerns expressed at the council Councilperson Gunderson asked with the vacate of the softball complex in Cedar River Park what are we going to use that for this coming year. Mr. Huting responded the Exchange/Cedar River Softball Complex will be used for youth programming and its fully programmed. We will be operating the concession stand in-house. Mr. Huting stated in the long term they would like to renovate it and turn it into a new youth complex but we will be using it next season. 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. 2006-1020. 124540 - Cole/Schmitt that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $79,297.00 with Porter & Porter Construction, LLC of Independence, Iowa in conjunction with 2006 South Hills Pro Shop Renovation, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if there is a start date of when the construction company will start the project. Paul Hutting, Leisure Services Director, responded he is not sure there is a specific start date, but they have indicated that they are ready to start soon after the contracts are signed. Mr. Huting stated we don't have a specific completion date, but they are to be done for the golf season and they are confident that they are going to be able to do that. They will be starting soon and it should be no problem to get it ready. The architect has consistently advised staff that if they put a specific deadline that we would pay a significant amount more. 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. 2006-1021. 124541 - Cole/Schmitt that communication from Director of Cultural & Arts Commission transmitting Change Order No. 4 for a net increase in the amount of $44,810.00 for work to be performed by Cardinal Construction in conjunction with Youth Pavilion For The Center For The Arts, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 124542 - Schmitt/Kincaid that communication from City Planner transmitting Development Agreement with Advanced Heat Treat to construct a $2 million, existing facility at 2839 Burton Avenue, with $2,323,690.00 and tax rebates for six years at 50 30 percent, be received, placed on file and agreement", be adopted and Mayor and City Clerk Ayes: Seven. 28,000 sq. ft. expansion to a minimum taxable value of percent and a seventh year at "Resolution approving said authorized to execute same. Resolution adopted and upon approval by Mayor assigned No. 2006-1022. 124543 - Schmitt/Kincaid that communication from City Planner transmitting application for Advanced Heat Treat for Community Economic Betterment Account (CEBA) program assistance for $2 million expansion at existing facility at 2839 Burton Avenue creating 17 new jobs over the next three years with average pay of $14.34 per hour, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1023. November 20, 2006 Documents continued 124544 - Schmitt/Kincaid Page 8 that communication from City Planner transmitting Real Estate Purchase Agreement with Stephen J. Riley for acquisition of Riley's Floors & More property located at 300 West Park Avenue for $236,500.00, $20,000.00 relocation costs and $10,000.00 miscellaneous expenses, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson noted that $10,000.00 additional miscellaneous expenses were added tonight and asked what that amount will be used for. Don Temmeyer, Community Planning & Development Director, responded that is a standard item that we use to pay the city's cost, such as the real estate transaction, the closing costs, appraisals cost, and recording fees. Councilperson Gunderson stated in the council packet it says Mr. Riley is going to receive free rent until September 2007 on some storage buildings that city now owns that were the Courier and asked what is Mr. Riley paying per year. Mr. Temeyer responded the Courier mentioned that it was $600.00 to $700.00 per year. Mayor Hurley asked if that would be a not to exceed date if Mr. Riley gets out of there faster and the city wants to get at the Expo area. Mr. Temeyer responded we expect to start the construction sooner and work around this area. Mr. Riley cannot start the construction of his new building until April 1, 2007 and we are thinking about six months. If Mr. Riley gets done sooner, we will all be better off and we will be ready to let the demolition and get on with it as soon as we can. 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. 2006-1024. 124545 - Schmitt/Kincaid that communication from Airport Director transmitting agreement with Earth Tech in the amount of $9,000.00 to provide design and construction administration for F.Y. 2007 IDOT Vertical Infrastructure grant projects, 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. 2006-1025. RESOLUTIONS TO BE ADOPTED 124546 - Welper/Gunderson that communication from City Planner transmitting request to set new date of hearing as December 4, 2006 on the sale and conveyance of property .generally located between West 4th and West 5th Streets, north of Bluff Street for $1.00 to James H. Slife and rescind Resolution No. 2006-284 in its entirety, be received, placed on file and "Resolution setting date of hearing as December 4, 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. 2006-1026. 124547 - Welper/Gunderson that "Resolution dedicating the westerly 8 feet of a parcel westerly of and adjacent to Lot 12 and Lot 13 in the Northeast Industrial Park Plat No. 3 for utility easement purposes and rescinding Resolution No. 2006-219 in its entirety", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1027. 124548 - Kincaid/Welper that "Resolution approving Mayor Tim Hurley's recommendation of salary adjustments for certain non -bargaining employees to be effective December 1, 2006", be adopted. Prior to a vote on the above motion, the following comments were heard. November 20, 2006 Resolutions to be Adopted continued Mayor Hurley stated that last year the council cut out part of the Isle of Capri advance for the express purpose of closing the gap for certain non -bargaining positions. Not to show a performance related thing but to objectively approach making Waterloo's professional positions' salaries more competitive with our like cities in the state. Earlier this year, the city's Human Resources Director did an extensive investigation with ten Iowa cities. Comparing apples to apples and making sure that he was getting the best apples to apples comparison based on job descriptions, and duties and those sort of things. We chose the five smaller cities to compare ourselves against. Those being Ames, Council Bluffs, Dubuque, West Des Moines and Iowa City, and we averaged the salaries of those five cities. That became the standard if our position paid less than that average. In general terms, we were trying to close that gap by 20 percent of the total gap. If there were a $5,000.00 gap between that average of the five cities and what we are paying, we tried to make an adjustment this year of 20 percent or $1,000.00 as an example. Mayor Hurley stated he did make some arbitrary decisions to try to make the $100,000.00 go as far as it could and the $100,000.00 does include the cost of the benefits that go along with those salary increases so we are not double dipping. Mayor Hurley stated it moves us closer to equity and he thinks it is important that Waterloo pay fair and competitive salaries and pay our non -bargaining unit positions equitably based on similar job responsibilities. Mayor Hurley stated that hopefully it will improve the morale of our non -bargaining employees, and as important as anything as you look around at his direct reports and some of their staff, a lot of them are going to be retiring in the next three to five years. It will be important for the city to have a salary that we can recruit and retain quality employees. Page 9 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. 2006-1028. 124549 - Gunderson/Welper that "Resolution setting date of hearing as December 4, 2006, at 5:30 p.m. in the City Hall Council Chambers on reallocation of not to exceed $175,000.00 unspent proceeds of Series 2003A Bonds to provide funds for costs of repairs at the East Park Avenue Parking Ramp", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-1029. ORDINANCES TO BE ADOPTED 124550 - Getty/Greenwood that "an Ordinance amending the 2003 Traffic Code by adding Subsection (28a) Easton Avenue to Section 553, No Parking Here To Corner (prohibiting parking on the north side of the 500 and 400 blocks of Easton Avenue in an easterly and westerly direction from the corner of Lombard Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 124551 - Getty/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 124552 - Getty/Greenwood that "an Ordinance amending the 2003 Traffic Code by adding Subsection (28a) Easton Avenue to Section 553, No Parking Here To Corner (prohibiting parking on the north side of the 500 and 400 blocks of Easton Avenue in an easterly and westerly direction from the corner of Lombard Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4849. NEW BUSINESS 124553 - Greenwood/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Midport Boulevard Extension, Contract No. 717, be received, placed on file and approved. Ayes: Seven. Motion carried. November 20, 2006 New Business continued 124554 - Greenwood/Cole Page 10 that plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Midport Boulevard Extension, Contract No. 717, be received and placed on file. Ayes: Seven. Motion carried. 124555 - Greenwood/Schmitt 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. 2006-1030. 124556 - Greenwood/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as December 4, 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. 2006-1031. 124557 -Greenwood/Schmitt to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2006 Riverfront Stadium Grandstand Roof Replacement, be received, placed on file and approved. Ayes: Seven. Motion carried. 124558 - Greenwood/Cole that plans, specifications, form of contract, etc. in conjunction with 2006 Riverfront Stadium Grandstand Roof Replacement, be received and placed on file. Ayes: Seven. Motion carried. 124559 - Greenwood/Schmitt 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. 2006-1032. 124560 - Greenwood/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as December 11, 2006 at 5:30 p.m. in the City Hall Council Chambers and takingbids 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. 2006-1033. 124561 - Greenwood/Schmitt to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2006 Storage Building at 1101 Campbell Avenue, be received, placed on file and approved. Ayes: Seven. Motion carried. 124562 - Greenwood/Cole that plans, specifications, form of contract, etc. in conjunction with 2006 Storage Building at 1101 Campbell Avenue, be received and placed on file. Ayes: Seven. Motion carried. 124563 - Greenwood/Schmitt 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. 2006-1034. November 20, 2006 Page 11 New Business continued 124564 - Greenwood/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as December 11, 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. 2006-1035. ORAL PRESENTATIONS 124565 - Forest Dillavou, 1725 Huntington Road, stated he feels the payroll adjustments on tonight's agenda is admirable to do, to go out and survey the other cities and pay equitable to those. He would like to see the city do the same thing for the taxpayers of the City of Waterloo. Take these same cities and see what their tax levy rate is and see what their taxpayers are paying. He thinks we should pay equitable rates, and if we are going to pay equitable salaries we should be taxed equitably. Ryan Madison, 3303 Parkridge Road, commended the city and the council members for the houses that have already been demolished and the ones the council passed to demolish tonight. Mr. Madison stated last month in the Courier he saw Mr. Kincaid and Mr. Schmitt posing in a picture in front of a blighted house stating that this house was the poster house for what the city wants to rid its community of. In the article, Mr. Kincaid stressed three points: that there was a list of houses to demolish, limited funding and procedures that need to be followed. Mr. Madison stated he would like to hear in detail what these procedures are and asked if he could obtain these procedures. He also asked for a list of the houses and if there is a deadline for each house on this list to be demolished. Mr. Madison asked where does the funding come from and what percentage is put towards demolishing these abandoned houses. Mr. Madison asked where 322 Crescent Place, 315 Lincoln Street and 132 Edwards Street are on this list. All these houses are within one block of Longfellow Elementary School. Mayor Hurley suggested Mr. Madison contact Chris Western in the Planning office as he is the master sergeant of the list. We have a housing committee that is made up of a wide variety of disciplines and talents including legal. The legal procedures are often what dictate what we do and when we do it. Mayor Hurley stated Mr. Western can enlighten Mr. Madison on the policies, the list, the funding sources, and the specific addresses. Don Temmeyer, Community Planning and Development Director, stated we really don't have a problem with funding, but we have a problem with getting these properties. These properties all have owners, even though they don't recognize or take responsibility for the properties, and the constitution protects all of us from the government seizing property without due process. The city's attorneys are constantly working through the new law, 657A. With 657A, we have been successful in getting properties through. We tell them at the court house no one is taking responsibility for the property and ask them give us title so we can go demolish it. That is what we did with the one on East 4th Street, and we were one of the first cities to use this legal procedure. Its getting through this process and getting title so we have the right to tear them down. Mr. Temeyer stated 132 Edwards is on the list, and staff can check on the other two. The attorneys work on them just as fast as they can get to them, but there are people who are buying the tax sale certificates from all over the state because the State of Iowa offers 2 percent a month and then they fight us. For some reason, they think that property like the one on East 4th Street should not be torn down, but it has to be torn down or else they have to fix it up. They have a choice to come back with a development agreement and agree to fix it up within a specific period of time and then the city will take them off the court docket and the demolition. Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 124566 - Cole/Gunderson that the Council adjourn at 6:25 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk