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