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HomeMy WebLinkAboutMinutes-08/27/2007• • August 27, 2007 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, August 27, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: Eric Thorson, City Engineer. 125783 Schmitt/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, August 27, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 125784 Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, August 20, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. CONSENT AGENDA 125785 - 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. 1-57, dated August 27, 2007, in the amount of $2,325,332.93, 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. 2007-717. 2. Communication from Fire Chief transmitting request to hold MDA Boot Block on August 31, September 1 and 2, 2007 at 10:00 a.m. to 2:00 p.m. on Franklin & 3rd Streets, Ansborough & Downing Avenues, Kimball & Ridgeway Avenues, and La Porte Road and San Marnan Drive; and September 3, 2007 on La Porte Road and San Marnan Drive. Resolution adopted and upon approval by Mayor assigned No. 2007-718. b. Motion -to approve the following: 1. Communication from Building Official/Maintenance Administrator transmitting recommendation of appointment of Carlton Carpenter to the position of Chief Electrical Inspector, effective September 17, 2007. 2. Kent Shankle, Curator, to attend opening reception and gallery talk for "Vodou Riche" exhibition in Chicago, Illinois on September 6-7, 2007, with costs not to exceed $210.00, including use of city vehicle. 3. Corbin Payne, Police Sergeant; and Al Bovy, Police Officer; to attend 18th Annual Problem -Oriented Policing Conference in Madison, Wisconsin on September 23-26, 2007, with costs not to exceed $1,670.00, including use of city vehicle. 4. John Beckman and Tim Pillack, Police Captains, to attend Iowa Police Executive Forum On Being Chief in Dubuque, Iowa on September 26-27, 2007, with costs not to exceed $390.00, including use of city vehicle. 5. Joe Saunders, Police Officer, to attend International Outlaw Motorcycle Gang Investigators Association Conference in West Palm Beach, Florida on September 9-14, 2007, with costs not to exceed $1,675.00. 6. Bob Stringer, Human Resources Director, to attend Iowa Public Employer Labor Relations Association Annual Meeting in Council Bluffs, Iowa on September 12-14, 2007, with costs not to exceed $356.08, including use of city vehicle. August 27, 2007 Consent Agenda continued 7. Cheryl Huddleston, Human Resources Manager, to attend Iowa Public Employer Labor Relations Association Annual Meeting in Council Bluffs, Iowa on September 12-14, 2007, with costs not to exceed $356.08. 8. Wendy Drinovsky, Records Manager; and Bradly Walter, Police Officer; to attend TraCS Statewide User Group Meeting in West Des Moines, Iowa on September 5-6, 2007, with costs not to exceed $244.00, including use of city vehicle. Page 2 9. David Meeks, Executive Director of Human Rights, to attend National Association of Human Rights Workers & International Association of Official Human Rights Agencies Joint Conference in Atlanta, Georgia on September 16-21, 2007, with costs not to exceed $1,795.00. c. Beer/Liquor License Permit Application Class C Kings and Queens Tap, 304-306 West 4th Street (Renewal) (Expires 8/27/08) (Includes Sunday Sales) 3 Kings Sports Bar & Grill, 921 Broadway Street (Renewal) (Expires 8/31/08) (Includes Sunday Sales) d. Beer License Permit Application Class•B Grout Museum District, 503 South Street (5 days -9/21/07-9/26/07) e. Outdoor Service Area Application Grout Museum District, 503 South Street Ayes: Six. Absent: Cole. Motion carried. HEARINGS & BIDS 125786 - Getty/Greenwood that proof of publication of notice of public hearing on Purchase of 2008 4x4 One Ton Truck Chassis With 6 Cubic Yard Refuse Container, as published in the Waterloo Courier on August 17, 2007, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 125787 - 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: Six. Absent: Cole. Motion carried. 125788 - Getty/Greenwood that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of 2008 4x4 One Ton Truck Chassis With 6 Cubic Yard Refuse Container", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-719. 125789 - Getty/Greenwood that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-720. • • • • August 27, 2007 Hearings & Bids continued 125790 - Getty/Greenwood Page 3 to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Community Motor Co., Cedar Falls, IA Rydell Chevrolet, Waterloo, IA Witham Ford, Waterloo, IA Bill Colwell Ford, Hudson, IA Ayes: Six. Absent: Cole. Motion carried. 125791 - Getty/Schmitt Bid Amount $52,154.00 $28,671.00 - chassis only $50,895.00 $50,364.00 that proof of publication of notice of public hearing on F.Y. 2007 C.M.0 Parcel 2 Cleanup Project, Contract No. 725, as published in the Waterloo Courier on August 8, 2007, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 125792 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Schmitt that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 125793 - Getty/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 C.M.0 Parcel 2 Cleanup Project, Contract No. 725", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-721. 125794 - Getty/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-722. 125795 - Getty/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Community Planning and Development Director for review: Base Alternate I Bidder Bid Bond Bid Amount Bid Amount Apex Companies LLC, Urbandale, IA 5% $596,496.75 $544,019.50 Enviromark Corporation, Davenport, IA 5% $435,167.10 $375,166.85 Ayes: Six. Absent: Cole. Motion carried. HEARINGS 125796 - Gunderson/Welper that proof of publication of notice of public hearing on development agreement with Michael's Storage Manufacturing, Inc. for rehabilitation of the former Alstadt Langlas Bakery Building located at 1420-1422 Mulberry Street, with tax rebatements for ten years at 100 percent on the added value of a minimum of $162,720.00, as published in the Waterloo Courier on August 10, 2007, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. August 27, 2007 Page 4 Hearings continued 125797 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Welper that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 125798 - Gunderson/Welper that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-723. 125799 - Welper/Greenwood that proof of publication of notice of public hearing on Property Exchange Agreement with Community National Bank in conjunction with the Expo Project, including $2,000.00 miscellaneous closing costs, as published in the Waterloo Courier on August 17, 2007, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 125800 - 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: Six. Absent: Cole. Motion carried. 125801 - Welper/Greenwood that "Resolution approving said property exchange agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-724. 125802 - Schmitt/Welper that proof of publication of notice of public hearing on Amendment to the 2007 Waterloo Code of Ordinance to create a new Article B, Construction Site Erosion and Sediment Control, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities, as published in the Waterloo Courier on August 17, 2007, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 125803 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Craig Fairbanks, 5029 Sweetwater Circle and representing the Home Builders Association of Northeast Iowa, reported that they have gone through these ordinances with the City of Cedar Falls and had significant conversations with them, and at this time looking at this ordinance, he feels there has been little input with both sides on the issue. He obtained a copy of the rewritten ordinance this afternoon from City Hall. Mr. Fairbanks stated they sent a letter from their attorney to the City of Waterloo and some of the objections were addressed. Mr. Fairbanks stated they feel the ordinance goes far beyond what is really required as set down by the MS4 agreements, and he would like the time to voice their concerns and go through the ordinance in a quality way with council members and the engineering office to see how to work out the ordinance to the benefit of everyone. Mr. Fairbanks stated that it is a fairly expensive agreement for people who are building new homes, and he thinks with the lack of new construction residential building in Waterloo that its just another added expense that we should try to minimize the cost as much as possible. Their objections is that they would like to have some time to review this in a positive way and move forward as they do realize that this has to be passed. Gary Rankin, 1016 Colby Road and representing Young Development Company, stated one of the big issues is whether the engineer is going to do the work or whether the applicants are going to do the work in question. Mr. Rankin noted there is a specific contradiction on page 2 where the blue highlighted area talks about any other person may perform the installation, inspection and monitoring under the oversight of the applicant's engineer. On page number 9, it says just the opposite, that the applicant's engineer shall inspect the site, as well as transferred sites, no less than once every seven calendar days. • • • August 27, 2007 Page 5 Hearings continued Mr. Rankin stated he fells the two things completely contradict each other. In one way it is saying that you can do the inspections yourself, the other way says that is has to be the engineer. It also says that the engineer must do the inspections of the transferred sites, which again does not make any sense because that is why you are transferring your responsibility as the developer to the builder or to the homeowner so that they have the responsibility for that not the developer, which is the reason for the transfer. Mr. Rankin commented that the timelines for corrections have been changed to 48 hours, which is good. But if you watched the weather the last couple of weeks you would see that 48 hours may not even be enough time to make corrections when you are dealing with soup and mud. Mr. Rankin asked if these requirements pertain to the developer in the same way as they will pertain to the builder because where the ordinance talks about the applicant's engineer being responsible for certain things, in a lot of cases when you do transfer the responsibility for these inspections to the builder they don't have an engineer and is that builder going to be required to have an engineer do a SWPPP for a specific building lot. Mr. Rankin stated that is not required in Cedar Falls, and it doesn't make sense to have it that way so he thinks that needs to be clarified. Mr. Rankin stated he thinks there was a little bit of lack of communication with the builders and developers on this ordinance. Ron Knudsvig, 1348 Angus Drive and President of the Northeast Iowa Home Builders Association, stated they have a committee working with Cedar Falls right now to try to get this program right, and they would like to opportunity to work with Waterloo to make sure that we get it done the right way because this is pretty important to Waterloo. Mr. Knudsvig would like the council to table the ordinance and put a committee together to work with Waterloo on the details. Mayor Hurley asked, as a clarification, if Cedar Falls already has an ordinance. Mr. Knudsvig responded Cedar Falls does have one, but they are just refining it. Mr. Knudsvig stated they just want to make sure the fines aren't out there, and if there are fines that everybody is on the right page. Rebecca Kauten, Watershed Project Coordinator for the Black Hawk Soil and Water Conservation District at 2950 Southland Drive, explained that one of the things she does with her job is look at erosion and sediment control in both an active construction and a post -construction setting. Ms. Kauten noted the NPDES legislation, the federal rule, is not new to the United States as it has been in place since the 1990s. Unfortunately for Iowa, this is something that is relatively new for most of the 45 cities that are working with this, and everybody is kind of in the same boat. There is going to be a lot of difficult conversation working through this, but there is a reason for it, there is a rational behind it. To say that the current regulations adequately manage erosion and sediment control are not true. If that were the case we wouldn't have seen the State's imperative waters list jump from 120 or so to over 300 water impaired waterways in Iowa, and they are finding that sediment is the number one cause of impairment. There is a reason that this has taken effect, and there are cities downstream of us that also get their drinking water from the Cedar River, so what we put in that water does affect the people downstream from us. Ms. Kauten noted one suggestion she has for the revision to this ordinance is based on a revision that the Iowa DNR is making with their own General Permit No. 2. They are going to be include allowing a Certified Professional in Erosion and Sediment Control (CEPESC) or landscape architect to be able to signoff on the SWPPP, the Storm Water Pollution Prevention Plan. This will be included in a revision to the General Permit No. 2 which she believes takes effect October 1, 2007. Ms. Kauten suggestion that Waterloo also consider the funding stream to allow the City of Waterloo to be in compliance. If you look at research around the country that has been found to be the most practical and efficient way of implementing this type of program, and she encouraged Waterloo do that as well. Ms. Kauten also encouraged city council, city staff, and a few folks she has met with and talked with to consider working with the Soil and Water Conservation District because that is what they are here to do. They provide technical assistance for erosion and sediment control in both an active construction and a post -construction environment. Ms. Kauten noted that as of July 1, 2007 there is now a cost share program available through REAP through the Soil and Water Conservation Districts to allow for cost share for certain practices that follow the standards and specs identified in the Statewide Urban Design and Specifications Manual for Storm Water, the Iowa Storm Water Management Manual. As long as those specifications are followed, that cost share is available. August 27, 2007 Hearings continued Schmitt/Kincaid Page 6 that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 125804 - Schmitt/Kincaid that "an Ordinance amending the 2007 Waterloo Code of Ordinance to create a new Article B, Construction Site Erosion and Sediment Control, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported that in November 2006, a letter went out under his signature to 35-36 different firms in the business with a draft of the city's take on the ordinance. The city worked with Cedar Falls up to a point and then they accelerated and went on with their own and we watched those discussions and learned from them. We got feedback from six of those developers, builders, etc. In early May we had a work session, and he sent out a second letter to the same 35-36 firms because we revised our draft based upon input from those six and watching what Cedar Falls and other cities have done. That brought back two letters and maybe an e-mail. Mayor Hurley stated he is a little concerned about the comments that there was little input, particularly with the Homebuilders Association as he knows they were on that list of 35 and we have the second draft out and this is the product of those two things that what were proposed. Mayor Hurley stated that we can look at the second contradictions brought up by Gary and those other clarifications requests, and Mr. Knudsvig would like to work with Waterloo in refining the ordinance, which can be an ongoing process. Eric Thorson, City Engineer, noted the first draft was sent to a number of developers, builders, engineers and architects and we received back some comments from that group. We did address some things, talked about who prepares and monitors and the SWPPP Plan. Additional folks were added along with a licensed professional engineer and a registered architect. We have added in a registered landscape architect and also licensed professional land surveyor with the City Engineer's approval. There are a couple of land surveyors who have prepared some very nice plans that were reviewed, and staff is very comfortable that they are capable of doing that. Mr. Thorson stated they have been looking into the certification programs mentioned by Rebecca Kauten and what that actually entails to determine if the city feel comfortable with having those folks prepare the plans. It is a pretty rigorous program and does involve quite a few learning experiences and some testing, and that may be something the council will want to consider. Mr. Thorson stated that one of the other things that was brought up quite frequently with the specifications that were listed, we had listed a SUDAS, which is a statewide effort to have uniform specifications and also another Iowa Erosion Control Manual. SUDAS did kind of back off a little bit on what they were doing. They came up with an Iowa design guide and construction specifications for national pollution and discharge elimination systems site runoff control. The ordinance does allow other specifications that come along and revisions in those specifications. Mr. Thorson noted that SUDAS was left in because the city believes they will have something in their specs eventually, and its our intent as it is most of the cities in Iowa to eventually switch over to those specifications so there is some uniformity. Mr. Thorson stated there was a specification about a buffer zone and that was pretty thoroughly discussed by a lot of groups, but they discovered that it is not well defined and kind of talked about statewide, so we dropped that for the time being on this ordinance. There is a lot of work going on a statewide basis to come up with some different specifications and ideas on the buffer zones, and the city felt that it was important to wait on that until we have better information to make that a part of our ordinance. Mr. Thorson noted that in reference to the security for compliance most of the cities that they checked with in the state have some sort of security either cash, bond or something else of that nature. That was discuss pretty thoroughly with council and council agreed with his recommendation that we could probably take that out of the ordinance at this time. Mr. Thorson stated the city wants to work with people and give them an opportunity for input as this is as much of a learning experience for the city as it is for them. Mr. Thorson noted that Waterloo's ordinance is fairly similar to Cedar Falls' ordinance other than the four things he just talked about. Mr. Thorson commented that we did change some of the dates that were talked about from 24 hours to 48 hours. There is a sentence that does with good cause allow the city to extend those times and certainly an extended rainy period would be pretty good cause. • • • • August 27, 2007 Hearings continued Page 7 Mr. Thorson noted that Mr. Rankin talked about a contradiction and he will look into that. Mr. Thorson stated that Mr. Rankin also mentioned about the engineers doing the work. In working with the city's attorney they thought we had made appropriate changes to allow someone other than the engineer to do the actual construction, monitoring, inspection and that sort of thing under their supervision or purview, so if that is not real clear in there we need to work on that a little further. Mr. Thorson stated we have heard a number of times that the ordinance goes far beyond what is required. It really is based on General Permit No. 2, which is required statewide. Mr. Thorson noted that one of the main things that this ordinance does is provide a way for the city to actually go out and do some monitoring and inspection. The DNR is already charged with this already, but they have very limited staff and that one of the things that has really filtered down to the cities is for the cities to do more monitoring and inspection, and this ordinance sets up the procedures to do that. Mr. Thorson commented that the city is willing at the pleasure of the council to work with folks a little bit more or try to refine some of these issues. Mayor Hurley asked who does this really impact, and if he were to put up a 1,5000 square foot home in an infill lot on the near eastside would he have to comply with this ordinance. Mr. Thorson responded that you would have to meet the requirements if you are going to disturb more than an acre of ground in your construction activities, and most larger projects do that. Some of the smaller projects are infill projects and less than an acre, so this ordinance would not apply to some of the infill lots. There is also a prevision in the general permit that say a new subdivision where the subdivision itself would have a plan but than the smaller parts of that which would be the lots are also required to follow that plan and be in compliance with it. All smaller parts may be less than an acre but if you are in the larger part that is required than you are still covered by those requirements. Mayor Hurley asked if the proposed ordinance covers residential, commercial and industrial development. Mr. Thorson responded yes it covers all those developments, but unfortunately the city has not had too many residential subdivisions going on this year. All of the commercial developments that we have had over the last several years have complied with this, and we have had good compliance, good plans have come in from the consultants, architects and the folks that have prepared those. Councilperson Gunderson stated that Mr. Rankin has brought up several areas of conflict, and he does not want to pass an ordinance that we would have change in a month or two months because there are some conflicts. Regarding Mr. Fairbanks's comments about no input, Councilperson Gunderson thinks there was input from their group, maybe not directly with him but somebody else. Councilperson Gunderson suggested tabling the ordinance until some of these questions are answered. Gunderson/Greenwood that the proposed ordinance be tabled indefinitely until the questions are answered. Councilperson Schmitt noted that the ordinance was discussed in a work session and mailed out in May, and he feels everyone has had time to look at the ordinance. Councilperson Schmitt stated he would have no problem tabling so that we do this correctly. Ayes: Six. Absent: Cole. Motion carried. 125805 - Kincaid/Greenwood that proof of publication of notice of public hearing on request of A -Line Iron and Metals, Inc. to vacate, sell and convey for $3,605.70 a dead-end portion of David Street generally located just north of the Chicago Central Railroad for the purpose of expanding the existing recycling yard at 1500 David Street, as published in the Waterloo Courier on August 17, 2007, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. August 27, 2007 Hearings continued 125806 - Don Temeyer, Community Planning and Development Director, explained that staff is checking into this and recommends that the council table this item to give staff time to work with A -Line Iron and Mr. Miller. Page 8 Getty/Schmitt that the above item be tabled indefinitely. Ayes: Six. Absent: Cole. Motion carried. PETITIONS FROM PUBLIC 125807 - Gunderson/Welper that communication from communication from City Planner transmitting request of Iowa Northern Railway Company to vacate, sell and convey for $1.00 a portion of East Ridgeway Avenue generally located just east of Texas Street to allow for construction of a rail spur to an existing railroad facility, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 17, 2007, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-725. DOCUMENTS 125808 - Schmitt/Kincaid that communication from Senior Planner transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $86,592.00 for 1838 Newell Street located in the Consolidated Urban Revitalization Area, together with recommendation for approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-726. 125809 - Schmitt/Kincaid that communication from Senior Planner transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $86,592.00 for 1834 Newell Street located in the Consolidated Urban Revitalization Area, together with recommendation for approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-727. 125810 - Schmitt/Kincaid that communication from Senior Planner transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $86,592.00 for 1828 Newell Street located in the Consolidated Urban Revitalization Area, together with recommendation for approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-728. 125811 - Schmitt/Kincaid that communication from Senior Planner transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $86,592.00 for 1822 Newell Street located in the Consolidated Urban Revitalization Area, together with recommendation for approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-729. • • • • August 27, 2007 Page 9 Documents continued 125812 - Schmitt/Kincaid that communication from Senior Planner transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $86,592.00 for 1816 Newell Street located in the Consolidated Urban Revitalization Area, together with recommendation for approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-730. 125813 - Schmitt/Kincaid that communication from Senior Planner transmitting request of Traci Shelstead for tax exemptions on improvements totaling $17,000.00 for 1414 West 2nd Street located in the Consolidated Urban Revitalization Area, together with recommendation for approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-731. 125814 - Kincaid/Greenwood that communication from Director of Cultural and Arts Commission transmitting application to The Guernsey Foundation in the amount of $10,000.00 to help fund bringing in nationally recognized exhibit to the Phelps Youth Pavilion's Junior Gallery III, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-732. 125815 Kincaid/Greenwood that communication from Director of Cultural and Arts Commission transmitting award letter with Iowa Department of Cultural Affairs for grant award in the amount of $16,000.00 per year for FY08 and FY09 to be used to support general operating expenses, be received, placed on file and "Resolution approving said award letter", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-733. 125816 Kincaid/Greenwood that communication from Director of Cultural and Arts Commission transmitting agreement with R.J. McElroy Trust for grant award in the amount of $12,600.00 per year for three years to be used for student field trips, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-734. 125817 - Kincaid/Greenwood that communication from Community Development Director transmitting Home Investment Partnership Program Consortium Cooperation Agreement with the U.S. Department of Housing and Urban Development for additional Federal HOME Program funds for the cities of Waterloo and Cedar Falls, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-735. 125818 - Kincaid/Greenwood that communication from City Planner transmitting Temporary Construction Easement with Joanne Nathem, 1925 Burton Avenue, at a cost of $153.00 for the West Donald Street Bike Trail, be received, placed on file and "Resolution approving said temporary easement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-736. August 27, 2007 Documents continued 125819 - Kincaid/Greenwood Page 10 that communication from Superintendent of Waste Management Services transmitting Joint Funding Agreement with U.S. Department of Interior, U.S. Geological Survey at a cost of $8,840.00 for operation and maintenance of Cedar River streamgaging station plus depth measurement of effluent diffuser at Easton Avenue Treatment Facility, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-737. 125820 Kincaid/Greenwood that communication from Police Chief transmitting agreement with U.S. Department of Justice Office of Justice Programs for the FY 07 Edward Byrne Memorial Justice Assistance grant (JAG) Program in the amount of $87,833.00, with no required cash match, to be used for funding for the Tri -County Drug Task Force, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval ORDINANCES TO BE ADOPTED 125821 - Greenwood/Schmitt by Mayor assigned No. 2007-738. that "an Ordinance amending the 2003 Traffic Code by adding Subsection (65a) Mark Drive to Section 553, No Parking Here to Corner (north side of Mark Drive approximately 20 feet back from the corner of Heartland Hills Drive)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: •Cole. Motion carried. 125822 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 125823 - Greenwood/Schmitt that "an Ordinance amending the 2003 Traffic Code by adding Subsection (65a) Mark Drive to Section 553, No Parking Here to Corner (north side of Mark Drive approximately 20 feet back from the corner of Heartland Hills Drive)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4879. NEW BUSINESS 125824 - Getty/Greenwood that communication from Community Planning and Development Director transmitting Property Exchange Agreement with Iowa Community Credit Union for property generally located at 311-313 West l" Street and 220-222 Jefferson Street in conjunction with the Riverfront Renaissance Project, including $2,000.00 miscellaneous closing costs, be received, placed on file and "Resolution setting date of hearing as September 10, 2007, at 5:30 p.m. in the City Hall Council Chambers on the above described agreement", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-739. 125825 - Getty/Schmitt to instruct Superintendent of document, etc. in conjunction Installed on 2008 Medium Class approved. Ayes: Six. Absent: 125826 - Getty/Schmitt Central Garage to prepare specifications, bid with Purchase of 2008 Hot Asphalt Patcher Truck Chassis, be received, placed on file and Cole. Motion carried. that specifications, bid document, etc. in conjunction with Purchase of 2008 Asphalt Patcher Installed on 2008 Medium Class Truck Chassis, be received placed on file. Ayes: Six. Absent: Cole. Motion carried. Hot and August 27, 2007 New Business continued 125827 - Getty/Schmitt Page 11 that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-740. 125828 - Getty/Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. as September 10, 2007 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-741. 125829 - Getty/Schmitt to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with 2007 Swimming Pool Filter Replacement at Byrnes Pool, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 125830 Getty/Schmitt that plans, specifications, form of contract, etc. in conjunction with 2007 Swimming Pool Filter Replacement at Byrnes Pool, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 125831 - Getty/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-742. 125832 - Getty/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 17, 2007 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson asked if we are just doing Byrnes Park or is Gates Park also going to be done. Louis Cutwright, Building Official/Maintenance Administrator, responded it is only Byrnes Park this year because we don't have enough dollars to do both. Councilperson Gunderson asked if both filtering systems are the same. Mr. Cutwright responded they are the same, and we will be going after Gates Park the following year. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-743. ORAL PRESENTATIONS 125833 - Brian Becker, 812 Clough Street, explained he has been a firefighter/paramedic for the past ten years with the Waterloo Fire Department and is a member of the International Association of Firefighters Local 66. Mr. Becker thanked the council and the mayor for their past support of the firefighters' Boot Block for MDA. Mr. Becker stated they would like to be out on the streets again this year and have asked for permission to do the Boot Block on August 31, 2007, September 1, 2007 and September 2, 2007 at 10:00 a.m. to 2:00 p.m. on Franklin & 3rd Ansborough & Downing, Kimball & Ridgeway Avenues, and LaPorte Road and San Marnan Drive, and on September 3, 2007 from 10:00 a.m. to 2:00 p.m. on LaPorte Road and San Marnan. Mr. Becker noted that last year they were second in the state raising over $19,000.00. August 27, 2007 Oral Presentations continued Doug Carter, Fire Chief, commented that he knows there has been concerns regarding the MDA Boot Block and believes most of those have been addressed. The MDA representatives would like at some point to meet and address the issues and questions for the future. Mayor Hurley commented that there are concerns about liability, and what it would mean if one of the firefighters on duty should get hurt. Mayor Hurley stated he understands that the MDA provides the reflective and some liability insurance, but we should meet probably at the turn of the year. Page 12 Chief Carter reported the MDA does provide $500,000.00 in liability insurance, and in addition to that there is also a provision for any comp time payouts if any of our firefighters were injured on the street. Forest Dillavou, 1725 Huntington Road, stated he has concerns about what is happening in his neighborhood and all over Waterloo, and that is the theft of copper from homes. There is a home in his neighborhood that was broken into for the second time. The first time the police felt that the thieves were in the basement, they were very fortunate they didn't go in the basement they just shut off the light and left. The second time they destroyed the door again, got in and cut all the cooper pipes out. Another home in his neighborhood, an elderly lady had her home up for sale, they got in and striped the electric wires as well as the plumbing, and flooded the basement. Mr. Dillavou stated that in talking with the person in the neighborhood this is up and coming, growing larger and larger according to the policemen. If you have a for sale sign in the yard of an empty house, you are prone to have some problems. Mr. Dillavou stated he thinks the mayor and council need to notify the citizens with an article in the paper to be aware of this and do whatever they can to protect themselves because its apt to happen. Mr. Dillavou stated it sounds like we have now got another precious metal here in Waterloo, its not only gold and silver its now copper. Mayor Hurley thanked Mr. Dillavou and stated that starting with Mr. Dillavou's comments we can certainly let the people know and he hopes the media pick up on it. Mayor Hurley stated that if neighborhoods see anybody they don't recognize or any kind of suspicious activity they need to help us out by alerting our police department. Greenwood/Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 125834 - Gunderson/Welper that the Council adjourn at 6:35 carried. p.m. Ayes: Six. Absent: Cole. Motion Nancy Eert, CMC City Clerk • •