HomeMy WebLinkAboutMinutes-02/05/2007February 5, 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, February 5, 2007. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole,
Schmitt.
Moment of Silence.
Pledge of Allegiance:
124832 - Schmitt/Kincaid
Eric Thorson, City Engineer.
that the Agenda, as amended deleting Item 24, for the Regular. Session on Monday,
February 5, 2007, at 5:30 p.m., be accepted and approved.
Prior to a vote on the above motion, the following comments were heard.
Mayor Hurley stated it is at his request that item 24 is being removed from the
agenda. Mayor Hurley noted it was his intention to remove Item 24 from the
agenda last Thursday, and he didn't get it done, so its not anything that Chief
DeBerg or council did. This is just a matter of stepping back and folding this
study into a larger strategic study of the entire Waterloo Fire Department,
their staffing, budget, the stations and that sort of thing. We are at a
opportune time to do that, and it hasn't been done for some while. Mayor Hurley
stated we may get back to this after he talks with Chief DeBerg, we may get back
to this in a very short order and take up this very consideration, but for right
now he didn't want to get the cart before the horse.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
124833 - Schmitt/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, January 22,
2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
CONSENT AGENDA
124834 - 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. 1-73, dated February 5, 2007, in
the amount of $2,231,852.81, 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. 2007-65.
2. Communication from City Clerk transmitting request of Dale Phelps for an
exception to burning yard to burn approximately five acres of prairie
grass located on the north side of East Donald, just east of its
intersection with Idaho during late April through early May 2007, together
with recommendation of approval of Fire Chief.
Resolution adopted and upon approval by Mayor assigned No. 2007-66.
3. Communication from Police Chief transmitting request of Larry Baker to
hold the Black Hawk County Street Machines Car Show on May 6, 2007,
including barricades and street closures.
Resolution adopted and upon approval by Mayor assigned No. 2007-67.
b. Motion to approve the following:
1. Communication from Mayor Hurley transmitting recommendation of appointment
of the following to the Waterloo Commission on Human Rights: Ed Loggins,
Michael Brockway and Judith Seedorff, with term expiration date of January
1, 2010; and appointment of Mary Boes, with term expiration date of
January 1, 2009.
February 5, 2007 Page 2
Consent Agenda continued
2. Rhonda Weber, Police Officer; and Keith Smith, Police Sergeant; to attend
Photoshop CS2 Introduction Course in Cedar Falls, Iowa on March 19-28,
2007, with costs not to exceed $268.00, including use of city vehicle.
3. Greg Erie and Stacy Hogle, Police Officers, to attend Honor Guard Units
Course in Johnston, Iowa on April 16-19, 2007, with costs not to exceed
$560.00, including use of city vehicle.
4. Greg Fangman, Police Sergeant, to attend K-9 Trainers Course in Denver,
Indiana on February 18 -March 9, 2007 and March 26 -April 27, 2007, with
costs not to exceed $10,530.00, including use of city vehicle.
5. Keith Roger, Police Sergeant; and Jeff Tyler, Police Officer; to attend
Midwest Gang Investigators Association Conference in St. Paul, Minnesota
on February 20-22, 2007, with costs not to exceed $572.80, including use
of city vehicle.
6. Rhonda Weber, Kevin Boyland and Becky DeKruif, Police Officers; and Keith
Smith, Police Sergeant; to attend Photoshop CS2 Advanced Course in Cedar
Falls, Iowa on April 9-18, 2007, with costs not to exceed $536.00,
including use of city vehicle.
c. Beer License Permit Application
Class C
Fareway Stores, 40 W. San Marnan Drive (Renewal) (Expires 2/28/08)
K -Mart, 3810 University Avenue (Renewal) (Expires 2/28/08) (Includes Sunday
Sales)
Hy -Vee Food Store, 306 Byron Avenue
Sunday Sales)
Hy -Vee Food Store, 2181 Logan Avenue
Sunday Sales)
Hy -Vee Food Store, 4000 University
(Includes Sunday Sales)
Neighborhood Convenience Store, 926 Linn Street (New) (Expires 2/5/08)
(Includes Sunday Sales)
(Renewal) (Expires 3/23/08) (Includes
(Renewal) (Expires 3/23/08) (Includes
Avenue (Renewal) (Expires 3/15/08)
d. Wine License Permit Application
Class B
Fareway Stores, 40 W. San Marnan Drive (Renewal) (Expires 2/28/08)
K -Mart, 3810 University Avenue (Renewal) (Expires 2/28/08) (Includes Sunday
Sales)
Hy -Vee Food Store, 306 Byron Avenue (Renewal) (Expires 3/23/08) (Includes
Sunday Sales)
Hy -Vee Food Store, 2181 Logan Avenue (Renewal) (Expires 3/23/08) (Includes
Sunday Sales)
Hy -Vee Food Store, 4000 University Avenue (Renewal) (Expires 3/15/08)
(Includes Sunday Sales)
e. Liquor License Permit Application
Class E
Hy -Vee Food Store, 306 Byron Avenue
Sunday Sales)
Hy -Vee Food Store, 2181 Logan Avenue
Sunday Sales)
Hy -Vee Food Store, 4000 University
(Includes Sunday Sales)
(Renewal) (Expires 3/23/08)
(Renewal) (Expires 3/23/08)
Avenue (Renewal) (Expires
(Includes
(Includes
3/15/08)
f. Beer/Liquor License Permit Application
Class C
Jefferson Street Tap, 708 Jefferson Street (New) (Expires 2/7/08)
Amalgamated Local 838 UAW, 2615 Washington Street (Renewal) (Expires 2/28/08)
Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/08) (Includes Sunday
Sales)
Tokyo Japanese Steakhouse, 126 E. Ridgeway Avenue (Renewal) (Expires 2/13/08)
(Includes Sunday Sales)
Caffe Bar Piramida, 712 Jefferson Street (Renewal) (Expires 2/18/08)
(Includes Sunday Sales)
National Dairy Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires
2/28/08) (Includes Sunday Sales)
g. Cigarette/Tobacco Permit License Application
Ramada Hotel/Convention Center, 200 West 4th Street
February 5, 2007
Consent Agenda continued
h. Outdoor Service Area Application
Hy -Vee, 2181 Logan Avenue
Ayes: Seven. Motion carried.
HEARINGS•& BIDS
124835 - Getty/Greenwood
Page 3
that proof of publication of notice of public hearing on Byrnes & Gates Swimming
Pools Bath House Remodel, as published in the Waterloo Courier on January 16,
2007, be received and placed on file. Ayes: Seven. Motion carried.
124836 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.
124837 Getty/Greenwood
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Byrnes & Gates Swimming Pools Bath House Remodel", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-68.
124838 Getty/Greenwood
that "Resolution ordering construction in conjunction with above said
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-69.
project",
124839 - Getty/Greenwood
to receive, file and instruct City Clerk to open and read bids and refer to
Building Official/Maintenance Supervisor for review:
Bidder
Kidder Construction, Waterloo, IA
Paul Christensen Construction, Cedar Falls, IA
S.J. Construction, Waterloo, IA
Ayes: Seven. Motion carried.
HEARINGS
124840 - Greenwood/Kincaid
that proof of publication of
Construction, Inc. to vacate,
Bid Bond
5%
5%
5%
Bid Amount
$102,547.00
$ 96,872.00
$143,075.32
notice of public hearing on request of Cardinal
sell and convey for $500.00 the 10' x 40' portion
of alley generally located within the park area off Sycamore Street between East
Park Avenue and East 4th Street, as published in the Waterloo Courier on January
26, 2007, be received and placed on file. Ayes: Seven. Motion carried.
124841 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Greenwood/Schmitt
that the hearing be closed and recommendation of approval
Programming and Zoning Commission be received and placed on file.
Motion carried.
of Planning,
Ayes: Seven.
February 5, 2007 Page 4
Hearings continued
124842 - Greenwood/Schmitt
that "an Ordinance vacating a 10' x 40' portion of alley generally located
within the park area off Sycamore Street between East Park Avenue and East 4th
Street", be received, placed on file, considered and passed for the first time.
Ayes: Seven. Motion carried.
124843 Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
124844 - Greenwood/Schmitt
that "an Ordinance vacating a 10' x 40' portion of alley generally located
within the park area off Sycamore Street between East Park Avenue and East 4th
Street", be considered and passed for the second and third times and adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4853.
124845 Greenwood/Schmitt
that "Resolution authorizing said sale and conveyance", be adopted and City
Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-70.
REPORTS
124846 - Kincaid/Welper
that communication from City Clerk transmitting request for authorization to
publish 2006 salaries for city employees and officials, as required by law, be
received, placed on file and approved. Ayes: Seven. Motion carried.
DOCUMENTS
124847 Kincaid/Welper
that communication from Senior Planner transmitting request of Douglas King for
tax exemptions on improvements totaling $155,000.00 for 1121 Ann Street located
in the Consolidated Urban Revitalization Area, together with recommendation of
approval, be received, placed on file and "Resolution approving said request",
be adopted and City Clerk instructed to notify Black Hawk County Assessor of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-71.
124848 - Kincaid/Welper
that communication
for tax exemptions
located in the
recommendation of
from Senior Planner transmitting request of Loras Schaefer
on improvements totaling $112,219.00 for 801 West 5th Street
Consolidated Urban Revitalization Area, together with
approval, be received, placed on file and "Resolution
approving said request", be adopted and City Clerk instructed to notify Black
Hawk County Assessor of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-72.
124849 - Kincaid/Welper
that communication from Senior Planner transmitting request of Lynette Hackett
for tax exemptions on improvements totaling $50,000.00 for 804 Kern Street
located in the Consolidated Urban Revitalization Area, together with
recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted and City Clerk instructed to notify Black
Hawk County Assessor of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-73.
February 5, 2007
Documents continued
124850 - Kincaid/Welper
Page 5
that communication from Senior Planner transmitting request of Kaleen Kirchner
Hanson for tax exemptions on improvements totaling $151,378.40 for 740 Skyview
Road located in the Consolidated Urban Revitalization Area, together with
recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted and City Clerk instructed to notify Black
Hawk County Assessor of same.
Prior to a vote on the above motion, the following comments were heard.
Mayor Hurley commented that he is a great fan of the tax exemptions in the CURA
area. This is another $468,000.00 for new construction, new commercial, an
addition and a new home where they might not otherwise have been done had it not
been for this program.
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. 2007-74.
124851 - Welper/Gunderson
that communication from Senior Planner transmitting Preliminary Plat of
Techworks Addition, together with staff report, aerial photograph of the area,
preliminary plat and report of the City Engineer, be received, placed on file
and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-75.
124852 - Welper/Gunderson
that communication from Senior Planner transmitting Preliminary Plat of VGM
Sunnyside Business Park, together with staff report, aerial photograph of the
area, preliminary plat and report of the City Engineer, be received, placed on
file and "Resolution approving said Preliminary Plat", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-76.
124853 - Welper/Gunderson
that communication from Community Planning & Development Director transmitting
agreement with Main Street Waterloo at a cost of $30,000.00 per year for the
period of July 1, 2006 through June 30, 2008 for professional services in
conjunction with redevelopment of Downtown Waterloo, 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. 2007-77.
124854 - Welper/Gunderson
that communication from Assistant City Engineer transmitting acceptance of Plat
Improvements for Nottingham Heights Addition, be received, placed on file and
"Resolution approving said improvements", be adopted and two-year maintenance
bond from Youngblut Contracting, Inc. of Washburn, Iowa be received and placed
on file. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-78.
124855 - Welper/Gunderson
that communication from Associate Engineer transmitting City -State Agreement
with Iowa Department of Transportation for Iowa State Recreational Trails
Program funds in the amount of $252,187.00, with required city match of
$84,063,00, in conjunction with F.Y. 2008 Cedar River Trail, Contract No. 726,
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. 2007-79.
February 5, 2007 Page 6
Documents continued
124856 - Welper/Gunderson
that communication from Superintendent of Traffic Operations transmitting 28E
Agreements with cities of Evansdale and Elk Run Heights and Black Hawk County to
provide monthly inspection and maintenance for traffic signals and street
lights, be received, placed on file and "Resolution approving said agreements",
be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-80.
124857 Gunderson/Schmitt
that communication from Community Planning & Development Director transmitting
acquisition contract with Scott Koenig to acquire property generally described
as 121 East 9th Street at a cost of $44,000.00 in conjunction with the Eastside
Riverfront Housing Project, be received, placed on file and "Resolution
approving said contract", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-81.
124858 Gunderson/Schmitt
that communication
Communications, Inc.,
existing website, be
agreement", be adopted
Resolution adopted and
124859 Gunderson/Schmitt
from Mayor Hurley transmitting agreement with CGI
at no cost, to add Community Movie Showcase to city's
received, placed on file and "Resolution approving said
and Mayor authorized to execute same. Ayes: Seven.
upon approval by Mayor assigned No. 2007-82.
that communication from General Manager of Waterloo Water Works transmitting
Partial Release of Real Estate Mortgage with James and Phyllis Platt, 8210
Hammond Avenue, in conjunction with Kimball South Rural Water Main Project, be
received, placed on file and "Resolution approving said Release of Real Estate
Mortgage", be adopted and Mayor and City Clerk authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-83.
124860 - Gunderson/Schmitt
that communication from Police Chief transmitting agreement with Governor's
Office of Drug Control Policy for Meth Hotspots Licit Drug Diversion and Abuse
Program grant in the amount of $4,979.00, with a local match of $1,659.00, to be
used for overtime by Tri -County Drug Enforcement Task Force members, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Tom Jennings, Chief of Police, reported the local match will be made by the Tri -
County Drug Task Force operating expenses. Those funding are through the
forfeiture funds that are reimbursed to the Task Force itself.
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. 2007-84.
RESOLUTIONS TO BE ADOPTED
124861 - Cole/Schmitt
that "Resolution setting date of hearing as February 19, 2007 at 5:30 p.m. in
the City Hall Council Chambers on the reallocation of not to exceed $283,500.00
unspent proceeds of Series 2003A General Obligation Bonds to provide funds for
purpose of paying costs of renovation, reconstruction and improvement of the
public parking lots at the Waterloo Regional Airport", be adopted and City Clerk
instructed to publish notice of same.
Prior to a vote on the above motion, the following comments were heard.
• •
• •
February 5, 2007
Resolutions to be Adopted continued
Page 7
Mayor Hurley noted that at the agenda meeting last Thursday morning there was a
companion item. A resolution where the city was going to spend something like
$18,000.00 or $19,000.00 with a local engineering firm to engineer the parking
lot paving. Councilperson Welper asked a question that morning that got staff,
Brad Hagen and Eric Thorson, thinking and talking about it. A few phone calls
later we had it settled that we would do the engineering in-house through our
own department. Mayor Hurley stated he thinks there are multiples of the
$18,000.00 that will be saved, which can be applied to thicker asphalt or more
area .coverage. Mayor Hurley stated he appreciates the council's diligence,
Councilperson Welper for asking the question, and staff for acting like a team.
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. 2007-85.
124862 - Cole/Schmitt
that "Resolution setting date of hearing as February 19, 2007 at 5:30 p.m. in
the City Hall Council Chambers on the reallocation of not to exceed $125,000.00
unspent proceeds of 2005A General Obligation Bonds for the purpose of paying
costs of acquisition and installation of digital terrain mapping equipment and
related facilities", be adopted and City Clerk instructed to publish notice of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-86.
124863 - Cole/Schmitt
that "Resolution accepting and approving acquisition of property generally
located at 807 Beech Street, as granted by court order pursuant to Section
657A.10A of the Iowa Code", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-87.
124864 - Cole/Schmitt
that "Resolution accepting and approving acquisition of property generally
located at 519 Independence Avenue, as granted by court order pursuant to
Section 657A.10A of the Iowa Code", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Welper stated that looking
Jolanta Bankowska of Oakland, California
turning this property over to the city,
reimbursed for the delinquent taxes paid
does the city or who pays for this.
at the letter we received from Ms.
it seems that she has no problem
but it seems that she wishes to be
by her. Councilperson Welper asked
Don Temeyer, Community Planning & Development Director, responded that Dave
Zellhoefer is the attorney who is working on that, but the court order has
granted the property to the city at no cost, so they did not agree with her
letter.
Councilperson Welper inquired when people buy these at tax sales they could
possibly lose that money. Mr. Temeyer responded they could if they don't do
anything with the property. If someone would take a property like 519
Independence Avenue, which has been sitting vacant and dilapidated for many
years and unattended, and if they would do something with it the city would be
glad to sign a development agreement and then move ahead. But they are buying
up the tax certificates for money, trying to get someone to pay 'them 24 percent.
What they get is 2 percent per month if someone really wants that property but
no one wants 519 Independence Avenue, and they are making a mistake by buying
those tax certificates site unseen.
James Walsh, City Attorney, stated he doesn't believe the legislature thought
through the full impact of this change when they put it into law. Section 657
does present some dilemmas for everybody, including buyers at tax sales who in
effect are good faith lenders to the county. These people have been jeopardized
by this legislation, but the legislature presumably weighed the good and the bad
of it and decided too bad for the tax buyers, we need to clean up these
properties somehow and the cities will never get clear titles unless we provide
a mechanism to do that. Equally banks are curious as to how this is going to
work out when they have mortgages.
February 5, 2007 Page 8
Resolutions to be Adopted continued
There is a mechanism for them and for tax buyers to step in if they want to
protect their investments but rarely will they want to do it because it's a
losing proposition.
Councilperson Schmitt stated the court rulings are worded in such a way that we
receive a clear title free from any liens and encumbrances so the city now owns
the property. There was one more hearing at the end of January that we will
probably see come up on the agenda and there are eight more waiting the 60 days.
A list of 150 more after that that we could address with the same statute.
Mayor Hurley noted that now that the city owns the property we also need to mow
and shovel it and things like that.
Councilperson Schmitt stated the primary reason to get clear title on these
properties is we are going to demolish an unsafe structure. Before we would end
up with a lien against that property and that makes it even harder to get rid of
because now we have added another lien to the process. No one would ever get a
clear title with this long list of liens. Councilperson Schmitt stated 642
Donald Street was the last one of these properties we put up for sale because
now we do have clear title, we can get them into somebody's hand, and get
something built on them and get them back on the tax roll, which we could not do
before.
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. 2007-88.
124865 - Cole/Schmitt
that "Resolution requesting Black Hawk County Board of Supervisors convey Parcel
Nos. 8913-28-176-045, 8913-28-176-046 and 8912-30-477-006 to the city", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-89.
ORDINANCES TO BE ADOPTED
124866 - Schmitt/Greenwood
that "an Ordinance adopting the Code of Ordinances for the City of Waterloo,
Iowa, 2007", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
124867 - Schmitt/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
124868 - Schmitt/Cole
that "an Ordinance adopting the Code of Ordinances for the City of Waterloo,
Iowa, 2007", be considered and passed for the second and third times and
adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4854.
NEW BUSINESS
124869 Getty/Cole
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $1,789.00 for work performed by the Water Works
at 2411 Idaho Street, together with recommendation of approval of Waterloo Water
Works Board of Trustees, be received, placed on file and "Resolution approving
said request", be adopted and City Clerk instructed to notify Black Hawk County
Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-90.
February 5, 2007 Page 9
New Business continued
124870 Gunderson/Greenwood
that communication from Superintendent of Traffic Operations transmitting
request to install a street light on the curve across from 4525 William Drive,
be received, placed on file and "Resolution approving said request", be adopted
and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-91.
124871 - Cole/Schmitt
to instruct Building Official/Maintenance Administrator to prepare
specifications, form of contract, etc. in conjunction with Door
Repair/Replacement & Handrail Addition - 2007 Five Sullivan Brothers Convention
Center, be received, placed on file and approved. Ayes: Seven. Motion
carried.
124872 - Cole/Schmitt
that specifications, form of contract, etc. in conjunction with Door
Repair/Replacement & Handrail Addition - 2007 Five Sullivan Brothers Convention
Center, be received and placed on file. Ayes: Seven. Motion carried.
124873 - Cole/Schmitt
that "Resolution preliminarily approving specifications, form of contract, etc.
in conjunction with above described project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-92.
124874 - Cole/Schmitt
that "Resolution setting date of hearing on specifications, form of contract,
etc. as March 5, 2007 at 5:30 p.m. in the City Hall Council Chambers and taking
of bids on 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. 2007-93.
ORAL PRESENTATIONS
124875 - Floyd Junker, 1209 Mulberry Street, stated he has lived in his neighborhood
since 1980, and recently he has had an awful lot of crime. In a period of about
one month on five occasions he had stuff stolen from his car and his porch.
One morning he got up to go to church and they had smashed a window on his van
and stolen his XM radio. The door wasn't even locked. Its kind of a smash and
grab thing and they are gone in a very few seconds. There was frost on the
window and there was a handprint where it had happened just a few minutes before
he got there. His car was parked in front of his garage with a security light
on it about 30 feet from his bedroom window, and this is still happening. Then
they smashed a window on his truck and stole about $600.00 worth of tools which
he used for his business. On three other occasions they stole his printer,
shredder and other stuff from his vehicle. Prior to that somebody was robbed
two blocks from his house at gun point for $8.00 and two houses down from him
has bullet holes in the front of it. Some gal shot her boyfriend and he came
over to Mr. Junker's street and collapsed and somebody picked him up and
assisted him. Mr. Junker stated he has to live there, and he doesn't feel very
safe living in a place when you have bullet holes down the street. People are
getting robbed at gunpoint for $8.00. The Police Officers are nice guys, but
every time they come out they take a report and all they say is they will do
more patrols. Mr. Junker stated it doesn't seem like there has been any
significant effort to catch these people. Mr. Junker stated if this is a
criminal who has been caught before, if somebody would have made the effort to
take a fingerprint it could have prevented other people from being hurt. Mr.
Junker stated he can't run his business with this kind of stuff going on. He
can't run a business without tools, and if you want to go to church you can't
even ride your car to church because the window is gone and you have to vacuum
glass out of your seat. Mr. Junker stated he had to go to work one day with his
truck window broken, and he had to drive to Cedar Rapids and back in 30 degree
weather and got sick from driving down the highway with no window. Mr. Junker
stated he can think of several things he could do himself to catch this person,
but he is not a Police Officer. He is not a vigilante, but he would like to see
a policeman make a similar effort or let him deduct his losses off his taxes.
February 5, 2007 Page 10
Oral Presentations continued
Mr. Junker stated he doesn't see that anything is getting done and he lives five
blocks from the police station. Mr. Junker stated he had another experience
where he was driving down Franklin toward the train track and was almost to the
intersection of the train track, the train honked at him and he tried to stop,
it was raining, and the first warning he had was the train honking at him, and
the signal crossbox had not even started. He was very close to the train, hit
the breaks and slid across the tracks. Mr. Junker suggested somebody should
check out those train crossing boxes. They should be flashing before any train
is honking at you or you are anywhere remotely close to those railroad tracks.
Mayor Hurley stated he will take note of the railroad crossing, and he doesn't
expect it to mean anything to Mr. Junker, but he is sure everybody up here does
not feel good and is sorry for his experiences. Mayor Hurley suggested Mr.
Junker talk to Chief Jennings after the meeting, and he may have some other
questions for Mr. Junker and details.
Getty/Gunderson
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
Councilperson Gunderson thanked Sandie Greco and the Traffic Operations
Department for the 28E agreements with Elk Run Heights,. Evansdale and Black Hawk
County which were on tonight's agenda. This is how we cut costs in government
by using the resources of other districts or other cities in the area to help
them out. People ask us to save money, and this will save Evansdale, Elk Run
Heights and Black Hawk County money by using Waterloo's staff and equipment so
that they don't have to buy it. Hopefully, we will look into other areas that
we can cooperate with other agencies in the area to save money.
Mayor Hurley stated he doesn't know the count on the number of 28Es and other
agreements that the city has with other agencies, but it is rather impressive.
Mayor Hurley stated next week or shortly after the council is going to see
another 28E with one of the townships for fire protection. Mayor Hurley noted
he will be meeting with a few members of council and some staff with county
representatives to see and take up that question of what else can we do to lower
taxpayers' costs and get things done efficiently.
124876 - Schmitt/Kincaid
that the council adjourn to Executive Session at 6:13 p.m. Ayes: Seven.
Motion carried.
City Attorney Jim Walsh stated that discussion of acquisition of property and
franchise fee litigation are approved topics of Executive Session pursuant to
Iowa Code Section 21.5(1)(j)(2005) and 21.5(1)(c)(2005).
EXECUTIVE SESSION
124877 Schmitt/Cole
that the council adjourn Executive Session at 6:43
carried.
p.m.
Ayes: Seven. Motion
124878 - Schmitt/Gunderson
that the agreement for professional services for ongoing litigation be approved
and City Attorney authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2007-94.
ADJOURNMENT
124879 - Schmitt/Kincaid
that the Council adjourn at 6:44 p.m. Ayes: Seven. Motion carried.
Nancy Vkert, CMC
City Clerk