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HomeMy WebLinkAboutMinutes-05/14/2007May 14, 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, May 14, 2007. Mayor Timothy J. Hurley. in the Chair. Roll Call: Kincaid, Welper, Gunderson, Getty, Cole, Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. 125294 — Schmitt/Kincaid that the Agenda, as amended, for the Regular Session on Monday, May 14, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 125295 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, May 7, 2007, at 5:30 p.m., be accepted and approved. Prior to a vote on the above motion, the following comments were heard. Jim Walsh, City Attorney, noted the motion to suspend the rules for a second and third time on the Elk Run Energy Associates LLC rezoning request may not have been done in a procedurally correct manner. A council member made the motion to reconsider suspension of the rules, but Councilpersons Getty and Welper were on the prevailing side on the motion to suspend the rules and should have been the persons making the motion to reconsider. Mr. Walsh asked that the council revote the second and third readings of the rezoning ordinance. The annexation and development agreement were properly approved. Mr. Walsh suggested that a footnote be added to the May 7, 2007 council minutes reflecting tonight's action. Schmitt/Welper that the above motion be amended that the minutes for the Regular Session on Monday, May 7, 2007• include a footnote to reflect that the motion to reconsider was not procedurally correct and that council will revote on the second and third readings of the Elk Run Energy Associates LLC rezoning request at the April 21, 2007 council meeting. Ayes: Six. Absent: Greenwood. Motion carried. 125296 - A vote was taken on the original motion with the amendment with the following result. Ayes: Six. Absent: Greenwood. Motion carried. 125297 - Schmitt/Welper that the second and third readings of the rezoning request for Elk Run Energy Associates LLC be placed on the April 21, 2007 council agenda. Ayes: Six. Absent: Greenwood. Motion carried. Presentation by Waterloo Exchange Club check of $6,000.00 to Waterloo Leisure Services to be used for picnic tables at Exchange Club. Mayor Hurley read a Proclamation declaring May 19-25, 2007 as National Safe Boating Week. CONSENT AGENDA 125298 - 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. 1-114, dated May 14, 2007, in the amount of $3,164,702.58, 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. 2007-334. May 14, 2007 Consent Agenda continued 2. Communication from City Engineer transmitting request of Shania Guzman for a waiver for a concrete driveway to be located at 1116 Dundee Avenue, together with recommendation of approval. Page 2 Resolution adopted and upon approval by Mayor assigned No. 2007-335. b. Motion -to approve the following: 1. Nicholas Anderson, Firefighter, to attend U.S. Fire A Maryland on July 21-28, 2007, with costs not to exceed cademy in Emmetsburg, 2. Tim Hurley, Mayor; and Brad Hagen, Airport Director; in Las Vegas, Nevada on May 22, 2007, with planners $970.22. c. Beer/Liquor License Permit Application Class B Waterloo Jaycees Fireworks Festival, 100 Block of West 7/3/07 - 7/8/07) d. Beer/Liquor License Permit Application Class C Smitty's Bar, 709 Jefferson Street Sunday Sales) Paulie'"s Place, Inc., 814 LaPorte Road (Renewal) Sunday Sales) Five Sullivan Brothers Convention Center, 200 $126.30. to meet with airline costs not to exceed 4th Street (5 days— (Renewal) (Expires 5/26/08) (Includes (Expires 5/14/08) (Includes West 4th Street (Renewal) (Expires 4/30/08) (Includes Sunday Sales) e. Liquor License Permit Application Class E CVS Pharmacy, 2068 Logan Avenue (Renewal) Sales) CVS Pharmacy, 2060 Crossroads (Renewal) Sales) (Expires 5/31/08) (Includes (Expires 5/31/08) (Includes f. Wine License Permit Application Class B CVS Pharmacy, 2068 Logan Avenue (Renewal) (Expires 5/31/08) Sales) CVS Pharmacy, 2060 Crossroads (Renewal) (Expires 5/31/08) Sales) g. Beer License Permit Application Class C CVS Pharmacy, 2068 Logan Avenue (Renewal) (Expires 5/31/08) Sales) CVS Pharmacy, 2060 Crossroads (Renewal) (Expires 5/31/08) Sales) h. Vehicle for Hire Business License Application Yellow Cab Inc., 110 West 4th Street (Includes (Includes (Includes (Includes Sunday Sunday Sunday Sunday Sunday Sunday i. Fire Works Display Application Isle Casino and Hotel at Waterloo, 777 Isle of Capri Blvd on August 5, 2007 Waterloo Bucks, Riverfront Stadium on May 31, July 13 and August 11, 2007 j. Bonds. k. Outdoor Service Area Application Waterloo Jaycees Fireworks Festival, 100 Block of West 4th Street Smitty's Bar, 709 Jefferson Street Ayes: Six. Absent: Greenwood. Motion carried. May 14, 2007 HEARINGS 125299 - Getty/Gunderson Page 3 that proof of publication of notice of public hearing on request of B&R Quality Meats, Inc. on sale and conveyance of property generally located at 210 Park Road for $4.140.00, as published in the Waterloo Courier on April 25, 2007, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 125300 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Welper commented he is not opposed to sale of this property to B&R Meats. He thinks this is an excellent opportunity for them toexpand their business but opposes the dollar amount that we are selling it to them for. Iowa Code Section 657A is going to be an excellent process for the city to cleanup our community as well as other communities. Councilperson Welper commented he did a little research on this, spent some time with County Assessor Vicki Atkins and her staff, County Treasurer Barbara Freet and her staff, and spoke with Rudy Jones with Community Development. The city spent $7,800.00 for cleanup of the property at 210 Park Road, and we are selling the property to B&R Meats for $4,140.00. That leaves a balance of $3,660.00, which is now going to be passed on to the taxpayer. This is bonded money that was used to demolish this property, and people who have maintained their property for years are now being asked to clean up these other properties or make up the difference of what the developer chooses not to pay. According to the new assessment, if this lot is paved it will now be $22,500.00. The city's tax alone will be $424.00 a year which will take us nine months to get our money back and that is not counting interest. Councilperson Welper commented that in Looking at the status of our housing needs here in Waterloo, we have 1,986 vacant or abandoned properties, 4,425 deteriorated properties, 849 seriously deteriorated properties and 172 dilapidated properties. We have 713 homes on the rehab list and we have 200+ on the emergency list. We demolish about 20 structures a year, and we rehab about 30 houses a year. At that rate that means that most ofthese people will not see any help. As far as the property taxes, as of May 4, 2007, we still have 2,605 properties that are delinquent in taxes, which is $2 million in tax revenue that we do not have in. The Treasurer's office believes that there will be at least $700,000.00 in property that will be up for tax sale when tax season comes. Councilperson Welper noted he voted against the Property Maintenance Code, not because he was against the Code, but because of the fact that we did not establish any kind of revenue source for people to accept their properties. Councilperson Welper stated as he now understands it our Code Enforcement Officers are saying that the biggest problem they have is the lack of funding to help these people. Councilperson Welper noted there are a great deal of properties that are going to be coming our way that could result in using Iowa Code Section 657A to demolish them. He commented he hopes we structure these sales so that the developer is paying for the cost of the property and the demolition and not the property taxpayers. Getty/Gunderson that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 125301 - Getty/Gunderson that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Prior to a vote on the above motion, the following comments were heard. Councilperson Schmitt explained that the City Attorney and staff have been working on this house for 20 months. On September 15, 2005 we once again started the 10 -day notice process, and on September 29, 2005 it was turned over to legal because nothing was happening as far as rehab. The building was dilapidated, abandoned, it had critters in it, etc. On April 14, 2006 a 657A was filed on this property. On August 6, 2006 the hearing was set. On November 8, 2006 a Black Hawk County Judge ruled in the city's favor and not only assigned the property but gave us a clear title, and on December 4, 2006 the council accepted the property. Without the 657A we would have a vacant lot sitting there that we could not sell. We would still have the $7,800.00 bill because the property had to come down. We would have invested $7,800.00 regardless of where the money came from to tear down that building and then we would have sat there with the lien. We have a good example of that on tonight's agenda as we have five liens that council is going to assess on properties that were not covered under the 657A. May 14, 2007 Hearings continued Page 4 We cannot do anything with those lots, they will sit there vacant because there is not clear title. So not only did we spend $7,800.00, we probably spent another $1,500.00 on top of that for all the city time, staff time, legal time, all the filings we had to go through just to be able to tear that house down. The good news is we can get back $0.53 on the dollar by selling the vacant lot, which we could not do before. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Welper. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-336. UNFINISHED BUSINESS 125302 - Gunderson/Welper that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $63,965.00 to Services Roofing of Waterloo, Iowa, and in the amount of $209,140.00 to Pries Roofing of LaPorte City, Iowa in conjunction with F.Y. 2007 City of Waterloo Roof Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-337. 125303 - Gunderson/Welper that communication recommendation of Electric of Pella, Fire Station 1, 3, approving award of from Building Official/Maintenance Administrator transmitting award of .contract in the amount of $78,985.00 to Menninga Iowa in conjunction with Emergency Generators Installation at 4, 5, 6 and 8, be received, placed on file and "Resolution said contract", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-338. PETITIONS FROM PUBLIC 125304 — Gunderson/Welper that communication from Senior Planner transmitting request of Jeff Reeves to vacate an 8'8" utility easement generally located on the southern portion of Lot 151 in Cedar Terrace 3rd Addition at 155 Trible Road for the purpose of constructing a 22'x26' detached garage, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 29, 2007 at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-339. DOCUMENTS 125305 - Welper/Kincaid that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of $5,200.00 for work to be performed by RAM Building Restoration and Waterproofing in conjunction with Park Avenue Parking Ramp Repair, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. 125306 - Welper/Kincaid that communication from Police Chief transmitting application with Department of Justice, Bureau of Justice Assistance for FY 2007 Justice Assistance Grant (JAG) in the amount of $87,833.00, with no required local match, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute the same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-340. • May 14, 2007 Page 5 Documents continued 125307 - Welper/Kincaid that communication from Senior Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal requirements for Preliminary and Final Plat of Huffman Addition, be received, placed on file and "Resolution approving said variance", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-341. 125308 - Welper/Kincaid that communication from Senior Planner transmitting Preliminary Plat of Huffman Addition, together with staff report, aerial photo, plat of survey, deed of dedication, legal description and report of the City Engineer, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-342. 125309 - Welper/Kincaid that communication from Senior Planner transmitting Final Plat of Huffman Addition, together with staff report, aerial photo, plat of survey, deed of dedication, legal description and report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-343. 125310 - Welper/Kincaid that communication from Senior Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal requirements for Preliminary and Final Plat of Quint-Folkers Subdivision, be received, placed on file and "Resolution approving said variance", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-344. 125311 - Welper/Kincaid that communication from Senior Planner transmitting Preliminary Plat of Quint- Folkers Subdivision, together with staff report, aerial photo, plat of survey, certificate of survey, legal description, deed of dedication and report of the City Engineer, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-345. 125312 - Welper/Kincaid that communication from Senior Planner transmitting Final Plat of Quint-Folkers Subdivision, together with staff report, aerial photo, plat of survey, certificate of survey, legal description, deed of dedication and report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Six. Absent.: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-346. 125313 - Kincaid/Welper that communication from Senior Planner transmitting request of Waterloo Affordable Housing, LLC for tax exemptions on improvements totaling $2,694,118.00 for 1306 W. Donald Street, 1408-1416 Washington Street, 65 Conger Street, 412-422 Dane Street, 314 Logan Avenue/205 Argyle Street and 510 Oak Avenue/154 Argyle 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. May 14, 2007 Documents continued Prior to a vote on the above motion, the following comments were heard. Page 6 Don Temeyer, Community Planning & Development Director, explained the properties are known as the Heritage Apartments, and they went through a complete renovation, so he is asking for an increase in value for eligibility for tax abatements. In response to a question from Councilperson Getty, Mr. Temeyer stated that John Foley is the managing partner. Councilperson Getty asked if we have looked at the properties to see what he has done. Mr. Temeyer responded he doesn't personally inspect them; but Mr. Foley can file in advance of the abatement. Mr. Temeyer commented that he won't get an abatement if he doesn't add enough value to create a tax increase. Mr. Temeyer explained that is what happens on a lot of the applications when people put a roof on a very expensive project that the tax assessor already has a roof on the project, so you really don't have a tax increase when you fix your roof. When you put on new siding or new windows, that usually does cause enough tax increase for it to be eligible for the program. That is why they file and put the total cost, but the county assessor probably won't do the entire $2 million because again it is fixing things that were already there and already included in the tax assessment. They file so the county assessor has all the costs of the project, and the assessor will actually set the amount that would be eligible. Councilperson Getty commented he has difficultly in understanding why they would be able to file for abatement before the work is completed. Mr. Temeyer responded it is so they will get into the process, but it will actually be 18 to 27 months before an actual increase would appear on the tax rolls. Mayor Hurley asked who governs the procedural rules on these applications. Mr. Temeyer explained the city has to declare the property is in the district, and the assessor sets the amount that actually qualifies. Mayor Hurley asked if some people need council's approval, like when they are going to negotiate a financing package. Mr. Temeyer responded that is why some will go on ahead of the schedule so they know they are eligible to see if they can get that back, and they can put what their taxes will be in their business plan. Mayor Hurley noted it is the assessor who will control if this person doesn't perform or that person doesn't perform and if they will receive nothing. Mr. Temeyer responded if they don't make an improvement, they receive nothing. Mr. Temeyer noted building permits are taken out on the improvements that require building permits. Mayor Hurley commented when the city issues a building permit that information finds its way quickly to the assessors office. Mr. Temeyer responded at least every week. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Getty. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-347. 125314 - Kincaid/Welper that communication from Senior Planner transmitting request of Jerry Makedonski for tax exemptions on improvements totaling $130,000.00 for 1013 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-348. 125315 - Kincaid/Welper that communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Traffic Safety Improvement funding in the amount of $22,000.00 for West Fourth Street and Allen Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-349. • • May 14, 2007 Page 7 Documents continued 125316 - Kincaid/Welper that communication from Building Official/Maintenance Administrator transmitting contracts and bonds in the amount of $63,965.00 with Services Roofing of Waterloo, Iowa, and in the amount of $209,140.00 with Pries Roofing of LaPorte City, Iowa in conjunction with F.Y. 2007 City of Waterloo Roof Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-350. RESOLUTIONS TO BE ADOPTED 125317 Schmitt/Gunderson that "Resolution authorizing the City Clerk to certify to the Black Hawk County Treasurer the amount of $1,125.00 for unpaid demolition costs for 120 Harrison Street", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Schmitt pointed out that these properties were demolished by the city. These properties still have lien holders, tax certificate holders or a deed holder of record, and, therefore, the city has not been paid for the demolition costs. This is just to assess those costs against the properties. Mayor Hurley, whenever it eventually does change hands then somebody is going to have to pay it up. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-351. 125318 - Schmitt/Gunderson that "Resolution authorizing the City Clerk to certify to the Black Hawk County Treasurer the amount of $10,500.00 for unpaid demolition costs for 205 Walnut Street", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-352. 125319 - Schmitt/Gunderson that "Resolution authorizing the City Clerk to certify to the Black Hawk County Treasurer the amount of $16,360.00 for unpaid demolition costs for 407-409 Pine Street", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-353. 125320 - Schmitt/Gunderson that "Resolution authorizing the City Clerk to certify to the Black Hawk County Treasurer the amount of $6,355.00 for unpaid demolition costs for 615 West 8th Street", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-354. 125321 - Schmitt/Gunderson that "Resolution authorizing the City Clerk to certify to the Black Hawk County Treasurer the amount of $4,400.00 for unpaid demolition costs for 647 Ankeny Street", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-355. 125322 - Gunderson/Schmitt that communication from Superintendent of Traffic Operations transmitting request to remove school signals at East 4th Street and Charles Street, be received, placed on file and "Resolution approving said request", be adopted. May 14, 2007 Page 8 Resolutions to be Adopted continued Prior to a vote on the above motion, the following comments were heard. Councilperson Kincaid noted that there are a lot of children in that area who use the signal lights to get back and forth across the street to get through on Linn Street. Sandie Greco, Superintendent of Traffic Operations, reported the Traffic Operations Department spent mornings and afternoons in the area counting pedestrians crossing, and there was no one using that signal last fall or this spring. Ms. Greco noted they put signs up in that area asking people to call her office if they had any comments or concerns, and they have not received any, and the school has been closed. Councilperson Kincaid commented he doesn't think anyone will call the Traffic Operations Department for fear of just dealing with the city, especially in that area. Councilperson Kincaid asked if a 400 -watt street light could be put there if the traffic signal is removed because its pretty shady with the trees, they kind of make a canopy. Ms. Greco responded she will check with MidAmerican Energy to see what wattage light is there now and come back with a request to increase the power of the light. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-356. 125323 - Gunderson/Schmitt that communication from Superintendent of Traffic Operations transmitting request to allow Isle of Capri to use a city traffic signal head as part of improvements to Shaulis Rd/US Highway 218/Dysart Road area, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-357. 125324 - Cole/Schmitt that "Resolution electing classifications and procedures for proposed bond projects listed in the Requested G.O. Bonds 2008 Summary", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-358. 125325 - Cole/Schmitt that "Resolution fixing date of hearing as May 29, 2007 at 5:30 p.m. in the City Hall Council Chambers on the authorization of a loan agreement and issuance of not to exceed $250,000.00 General Obligation Capital Loan Notes for a General Corporate Purpose to pay costs of funding termination payments to retiring employees, including accrued vacation and sick leave", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-359. • • May 14, 2007 Resolutions to be Adoyted continued 125326 - Cole/Schmitt Page 9 that "Resolution fixing date of hearing as May 29, 2007 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $6,140,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, storm water and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; acquisition, construction and installation of storm sewer and sanitary sewer improvements, including lift station and interceptor improvements; acquisition of vehicles and capital equipment for the Police, Fire •Rescue and Street Departments; acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings and abatement of other nuisances and hazards; rehabilitation and improvement of city parks and acquisition, repair and replacement of facilities, equipment and improvements in city parks, including bikeway development, tennis court improvements and off-road maintenance equipment; acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including traffic signal and street light improvements; acquisition and improving of the automated GIS/GPS mapping system", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-360. 125327 - Cole/Schmitt that "Resolution fixing date of hearing as May 29, 2007 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $1,580,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of aiding in planning, undertaking and carrying out urban renewal project activities for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area, the Rath Tax Increment Redevelopment Area, the Martin Road District, and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including property acquisitions, demolition, and clearance for public and private redevelopment, incentive payments relating to acquisition and private redevelopment of properties within such area, and construction, repair and improvement of the East Park Avenue Parking Ramp Facility", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-361. 125328 - Cole/Schmitt that "Resolution fixing date of hearing as May 29, 2007 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $690,000.00 General Obligation Bonds to pay costs of reconstruction, remodeling, improvement and repairing of city buildings and facilities, including Five Sullivan Brothers Convention Center, Young Arena, Central Garage, Fire Stations and Public Library, and acquisition of computer replacements and system upgrades to city's data management and information processing systems", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-362. 125329 - Cole/Schmitt that "Resolution fixing date of hearing as May 29, 2007 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $415,000.00 General Obligation Bonds to pay costs of acquisition of capital equipment and vehicles for various city departments and operations; reconstruction and improvement of city golf courses", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-363. May 14, 2007 Resolutions to be Adopted continued 125330 - Cole/Schmitt Page 10 that "Resolution fixing date of hearing as May 29, 2007 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $575,000.00 General Obligation Bonds to pay costs of reconstruction, renovation and improvement of Riverfront Stadium, swimming pools and sports facilities; improvements to Center For The Arts and Youth Pavilion", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-364. 125331 Cole/Schmitt that "Resolution fixing date of hearing as May 29, 2007 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $12,000,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of refunding and refinancing outstanding General Obligation Bonds, Series 1998A and General Obligation Bonds, Series 1999A", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-365. 125332 - Cole/Schmitt that "Resolution fixing date of hearing as May 29, 2007 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $3,800,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of refunding and refinancing General Obligation Bonds, Series 2000", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-366. 125333 - Cole/Schmitt that "Resolution setting date of hearing as Tuesday, May 29, 2007 at 5:30 p.m. in the City Hall Council Chambers on amendments to FYE2007 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-367. NEW BUSINESS 125334 Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $746.24 for work performed by the Water Works at 413 Conger 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-368. 125335 Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $3,799.07 for work performed by the Water Works at 207 Lafayette 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-369. • • May 14, 2007 New Business continued Page 11 125336 - Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,341.00 for work performed by the Water Works at 519 Courtland 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-370. 125337 Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,200.00 for work performed by the Water Works at 1610 Logan Avenue, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-371. 125338 - Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,980.00 for work performed by the Water Works at 108 Quincy 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-372. 125339 - Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $5,269.07 for work performed by the Water Works at 1737 Logan Avenue, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-373. 125340 - Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $562.63 for work performed by the Water Works at 430 Linden Avenue, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-374. 125341 - Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $562.63 for work performed by the Water Works at 261 Cottage 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-375. May 14, 2007 New Business continued Page 12 125342 - Schmitt/Cole that communication from Community Development Director transmitting proposed Amendment to FY2005-FY2009 Five -Year Consolidated Plan/FY2006 One -Year Action Plan and FY2007 One -Year Action Plan, be received, placed on file and "Resolution setting date of hearing as June 4, 2007 at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-376. 125343 - Gunderson/Welper to instruct Superintendent of Traffic Operations to specifications, form of contract, etc. in conjunction with U Street Intersection Traffic Safety Improvements, Contract No. placed on file and approved. Ayes: Six. Absent: Greenwood. 125344 - Gunderson/Welper prepare plans, .S. 63 and Parker 722, be received, Motion carried. that plans, specifications, form of contract, etc. in conjunction with and Parker Street Intersection Traffic Safety Improvements, Contract No. received and placed on file. Ayes: Six. Absent: Greenwood. Motion 125345 Gunderson/Welper U.S. 63 722, be carried. that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-377. 125346 - Gunderson/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 4, 2007 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-378. 125347 - Gunderson/Welper to instruct Superintendent of Traffic Operations to prepare specifications, form of contract, etc. in conjunction with Broadway Street Traffic Detector Loops, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 125348 - Gunderson/Welper that specifications, form of contract, etc. in conjunction with Broadway Street Traffic Detector Loops, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 125349 - Gunderson/Welper that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-379. 125350 - Gunderson/Welper that "Resolution setting date of hearing on specifications, form of contract, etc. as June 4, 2007 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-380. May 14, 2007 Page 13 ORAL PRESENTATIONS 125351 - Mayor Hurley congratulated the Waterloo Black Hawks and Coach P. K. O'Handley for a very wonderful and exciting year. Although it ended up in a disappointing loss for the Clark Cup, when the team reflects and when the city reflects on what was accomplished by those young people today or later on down the line, they will know it was a very special year, and they served and represented Waterloo very proudly around the league. They reached a franchise record for home wins with 29, they reeled in the Anderson Cup because of their best regular season record in the league, and they broke an attendance record at Young Arena for the fifth straight season. Mayor Hurley congratulated all involved, including Leisure Services' support, for just a fantastic year. Councilperson Kincaid commented that he read in Forbes that Waterloo is one of the best little cities in the United States. Mayor Hurley responded he thinks Waterloo was ranked in the teens, according to Forbes - Best Small Towns, which came out a couple of weeks ago. Mayor Hurley noted Waterloo ranked ahead of other Iowa cities. Iowa City and Dubuque were ranked, but Waterloo ranked ahead of them. Schmitt/Kincaid that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 125352 - Schmitt/Kincaid that the council adjourn to Executive Session at 6:24 p.m. Ayes: Six. Absent: Greenwood. Motion carried. City Attorney Jim Walsh stated that discussion of pending lawsuit is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2007). EXECUTIVE SESSION 125353 - Schmitt/Cole that the council adjourn Executive Session at 6:47 p.m. Ayes: Six. Absent: Greenwood. Motion carried. 125354 - Schmitt/Gunderson that legal counsel be authorized to proceed. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 125355 - Gunderson/Cole that the Council adjourn at 6:48 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Nancy kert, CMC City Clerk