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HomeMy WebLinkAboutMinutes-10/22/2007• • October 22, 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, October 22, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Troop 29 - Grace Brethren - Austin Wood, Joey Petersen and Jacob Petersen. 126094 - Schmitt/Kincaid 126095 that the Agenda, as proposed, for the Regular Session on Monday, October 22, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Monday, October 15, Motion carried. Mayor Hurley performed a Swearing -In of Police Officer Enes Mrzljak. Mayor Hurley read a Proclamation declaring Counts Week. Mayor Hurley read a Proclamation declaring Week. October 21-28, 2007 as Character October 23-31, 2007 as Red Ribbon Mayor Hurley read a Proclamation declaring October 22-26, 2007 as Education Promise Fund Week and acknowledging Dennis Harbaugh and Juanita Williams for their important efforts to children. CONSENT AGENDA 126096 - 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. 1-50, dated October 22, 2007, in the amount of $2,017,121.72, 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. 2007-899. 2. Communication from City Engineer transmitting request of Glenn Greenwood for a waiver for a concrete driveway to be located at 2155 Country Lane, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-900. b. Motion -to approve the following: 1. Robert Ball, Chief Building Inspector; and Brian Baker, Chief HVAC Inspector; to attend AIA Iowa/IABO Training in Des Moines, Iowa on November 6-7, 2007, with costs not to exceed $705.00, including use of city vehicle. 2. Rick Curran, Facilities Manager, to attend Playground Maintenance Workshop in Coralville, Iowa on October 18, 2007, with costs not to exceed $130.00, including use of city vehicle. 3. Mark Gallagher, Sports Manager, to attend International Youth Sports Congress in Orlando, Florida on November 25 -December 1, 2007, with costs not to exceed $1,711.63. 4. Dennis Gentz, Assistant City Engineer, to attend Managing Stormwater Quality Workshop in Cedar Rapids, Iowa on November 6-7, 2007, with costs not to exceed $295.00, including use of city vehicle. October 22, 2007 Page 2 Consent Agenda continued 5. Tina Schellhorn, Maintenance Electrician; Doug Eldridge, Signal Technician II; Matt Vlasak, Maintenance Electrician; and Mohammad Elahi, Traffic Engineer; to attend Brown Traffic Products Annual Users Group Conference in Davenport, Iowa on December 3-6, 2007, with costs not to exceed $1,000.00, including use of city vehicle. 6. Tina Schellhorn, Maintenance Electrician; Matt Vlasak, Maintenance Electrician; and Doug Eldridge, Signal Technician II; to attend Traffic Control Corporation Traffic Management Expo 2007 in Addison, Illinois on November 6-8, 2007, with costs not to exceed $895.00, including use of city vehicle. c. Beer License Permit Application Class B LaPlacita, 322-324 West 4th Street (New) (Expires 10/22/08) (Includes Sunday Sales) Black Hawk Tennis Club, 1005 Black Hawk Road (Renewal) (Expires 11/1/08) (Includes Sunday Sales) d. Outdoor Service Area Application Black Hawk Tennis Club, 1005 Black Hawk Road e. Cigarette/Tobacco Permit Application Save More Food, 1975 Franklin Street Ayes: Seven. Motion carried. HEARINGS & BIDS 126097 - Getty/Cole that proof of publication of notice of public hearing on Replace T -Hangar Doors at Waterloo Regional Airport, as published in the Waterloo Courier on October 5, 2007, be received and placed on file. Ayes: Seven. Motion carried. 126098 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed. Ayes: Seven. Motion carried. 126099 - Getty/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Replace T -Hangar Doors at Waterloo Regional Airport", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-901 126100 - Getty/Cole that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-902 126101 - Getty/Cole that the request of the Airport Director to change date of bid opening to November 5, 2007, at 5:30 p.m. in the City Hall Council Chambers, be approved. Ayes: Seven. Motion carried. 126102 - Gunderson/Schmitt that proof of publication of notice of public hearing on General Obligation Bond Demolition Project, Contract No. 154 -D -GO -11-05-07, as published in the Waterloo Courier on October 15, 2007, be received and placed on file. Ayes: Seven. Motion carried. • • • • October 22, 2007 Page 3 Hearings & Bids continued 126103 - 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: Seven. Motion carried. 126104 - Gunderson/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 154 -D -GO -11-05-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-903. 126105 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-904. 126106 - Gunderson/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review: Base Alternate Bidder Bid Bond Bid Amount Bid A Bergmann Brothers Trucking, Frederika, IA $2,850.38 $29,675.55 $27,331.94 Benton Sand & Gravel, Cedar Falls, IA 5% $32,450.00 $27,600.00 Kayser Plumbing, Excavating, Waterloo, IA $3,583.25 $38,065.00 $33,600.00 Lehman Trucking & Excavating, Waterloo, IA 5% $25,535.00 $21,060.00 Ayes: Seven. Motion carried. 126107 Welper/Gunderson that proof of publication of notice of public hearing on Purchase of 2008 15,000 GVW Truck Chassis With Dump Box and Snow Plow, as published in the Waterloo Courier on October 5, 2007, be received and placed on file. Ayes: Seven. Motion carried. 126108 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. Greenwood now absent at 6:02 p.m. 126109 - Welper/Gunderson that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of 2008 15,000 GVW Truck Chassis With Dump Box and Snow Plow", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-905. 126110 - Welper/Gunderson that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-906. October 22, 2007 Hearings & Bids continued 126111 Welper/Gunderson Page 4 to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Bill Colwell Ford, Hudson, IA Dick Witham Ford, Waterloo, IA Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 126112 - Kincaid/Schmitt Bid Amount $43,030.00 & $44,273.00 $42,942.00 that proof of publication of notice of public hearing on request of Kalyana Sundram to rezone from "R -2,C -Z" Conditional Zoning District to "R-4" Multiple Residence District property generally located at the northwest corner of Donald Street and East 4th Street, just behind Logan Plaza for the purpose of professional office/medical facility development, as published in the Waterloo Courier on October 12, 2007, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 126113 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Welper commented that generally we have a two-year development agreement, and he didn't see one for this request. Don Temeyer, Community Planning and Development Director, explained that this is a rezoning request, not a development agreement. Mr. Sundram is purchasing this property, he is proceeding with development, and the city is not offering him free land. He will be eligible for tax rebates if he makes application under the CURA District. Mr. Temeyer explained that on a zoning request, we cannot require a timeline because reversion clauses have been ruled illegal by the courts. In the future, if he does not proceed with the project, the council can on its own motion proceed to rezone the property but only after everyone is given notice. The city cannot do an automatic reversion. Mayor Hurley noted that the cover letter from Planning and Zoning staff explains what happened at the Planning, Programming and Zoning Commission meeting, and that Doctor Sundram has not finalized the site plans, and he is requesting the "R-4" District so the site plan is not tied to a specific setup or design at this time. Mr. Temeyer responded that the preliminary site plan was filed by Doctor Sundram. Mayor Hurley commented that the Planning, Programming and Zoning Commission unanimously approved the request, with the recommendation that the final site plan meet all codes, etc. and that the site shall only be used for professional office and medical related facilities. Mr. Temeyer responded that the council normally would put that on the rezoning request so that he cannot turn the property into a housing project without coming back and asking the council and the neighborhood to do that. Mayor Hurley stated that its a great development for an area that needs it. Councilperson Schmitt reported that this is the same area that two years ago council rezoned from "R-4" District to the "R -2,C -Z" District. Mr. Temeyer stated that at that time it was for a senior housing project that was not funded through the 202 HUD program, and that is why it has been sold and Doctor Sundram is proceeding with this development. Councilperson Schmitt noted that the council's motion is reversing back to the original zoning. Kincaid/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. • • • October 22, 2007 Hearings continued 126114 - Kincaid/Schmitt Page 5 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 395 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 126115 Kincaid/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 126116 - Kincaid/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 395 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4886. UNFINISHED BUSINESS 126117 - Getty/Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $103,414.34 from Zamboni Company, Paramount, California in conjunction with Purchase of New 552 Electric Zamboni Ice Resurfacer, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Paul Hutting, Leisure Services Director, noted that the Zamboni Company submitted a trade-in proposal of $18,950.00 with their bid. Staff feels the city could possibly get a little more through another supplier or on the open market and they are working on that. 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. 2007-907. DOCUMENTS 126118 Schmitt/Kincaid that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of $2,547.00 for work performed by Prairie Construction Company of Waterloo, Iowa in conjunction with Door Repair/Replacement & Handrail Additions -2007 Five Sullivan Brothers Convention Center, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. 126119 - Schmitt/Kincaid that communication from Building Official/Maintenance Administrator transmitting Substantial Completion and Recommendation of Acceptance of Work performed by Prairie Construction Company of Waterloo, Iowa at a total cost of $104,314.00 in conjunction with Door Repair/Replacement & Handrail Additions -2007 Five Sullivan Brothers Convention Center, be received, placed on file and "Resolution approving said documents", be approved. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-908. 126120 - Schmitt/Kincaid that communication from Associate Engineer transmitting request from Earth Tech, Inc. for authorization of $40,000.00 contingency to accommodate overhead rate adjustment for the F.Y. 2007 U.S. 63/Westfield Avenue Connection, NHSX-63-6(69)- 07, be received, placed on file and "Resolution approving said request", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-909. October 22, 2007 Documents continued 126121 - Schmitt/Kincaid Page 6 that communication from Community Planning and Development Director transmitting application with Iowa Dept of Economic Development for 2008 Iowa Brownfield grant in the amount of $200,000.00, with required city match of $200,000.00, to demolish portions of the Chamberlain Plant, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson inquired where are we coming up with the city's $200,000.00 match. Don Temeyer, Community Planning and Development Director, responded the city will use next year's issuance of General Obligation Bonds. Mr. Temeyer noted that the city has applied for Environmental Protection Agency funds, and it is the same $200,000.00, but it would match either one, they are independent of each. If one gets funded, it doesn't require an additional $200,000.00 match. Councilperson Schmitt asked Mr. Temeyer to explain the PRP because there are other issues with this property other than demolition. Mr. Temeyer responded when the city took possession of the Chamberlain property in December 2005, we held neighborhood meetings. The property was donated to the City of Waterloo, the city took responsibility for the plant, and we knew it needed to be torn down. The Principal Responsible Party (PRP) is Chamberlain. They are still in existence, they are still responsible for the contamination that is on the site, and the EPA is working with them to come up with a mediation plan. The city is not responsible for any of that. Mayor Hurley asked if the city had not initiated or pursued the Chamberlain site, what state of affairs would we be in today. Mr. Temeyer responded in his opinion that site would still be sitting there. Mr. Temeyer noted the southern portions of the plant's roofs have collapsed, and there is a possibility of catching fire or typically it gets set by vandals or an arsonist. Then the cost of demolition doubles because you have to treat all the demolition materials as contaminated. Without the city taking advantage of the grants that have identified: Chamberlain has contamination so they and EPA are working to remediate that from the neighborhood, and the city has been able to get the grants to start the demolition process. The city has a $150,000.00 grant that the council approved about a month ago, the design for that first phase of demolition is underway, and we should let that late this fall or early spring, and we will start on the southern portion. Mayor Hurley commented that it sounds like had it not been for the actions of the Planning Department and the city, that we are really the initiators and catalysts for pressure to get that place cleaned up rather than being just static about it. 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. 2007-910. 126122 - Schmitt/Kincaid that communication from Community Planning and Development Director transmitting non -substantive amendments to the Master Easement Agreement and the Exchange Agreement with U.S. Bank for sale and conveyance of property generally located at the intersection of Mullan Avenue and Commercial Street for a new drive -up facility as part of agreement to purchase U.S. Bank drive -up and adjacent parking lot at a cost of $873,000.00 in conjunction with the Riverfront Renaissance Project, be received, placed on file and "Resolution approving said amended agreements", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley asked Don Temeyer to highlight what has changed since July when council approved this package and US Bank did not. • • • October 22, 2007 Page 7 Documents continued Don Temeyer, Community Planning and Development Director, responded besides small wording in the document and how it is done, the bank finally agreed to a price for the acquisition. Mayor Hurley noted that both parties employed appraisers and looked at it from all different angles, and we have come to agreement with them. Councilperson Gunderson asked if this the last puzzle of Vision Iowa to get this project done and have Vision Iowa money released to the City of Waterloo. Mr. Temeyer responded yes, he believes so. 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. 2007-911. Greenwood now present at 6:20 p.m. RESOLUTIONS TO BE ADOPTED 126123 - Cole/Schmitt that communication from City Planner transmitting request to rescind Resolution No. 2007-764 in its entirety and adopt new resolution dedicating a 25' permanent easement along the south right-of-way line generally located in the 1100 and 1000 blocks of Walker Street, adjacent to the Waterloo Softball Association Complex, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-912. 126124 - Cole/Schmitt that communication from City Planner transmitting request of Remington Partners, LP for resolution of support for tax credits from the Iowa Finance Authority for construction of 38 single-family affordable homes in the site behind Super Target, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-913. 126125 - Cole/Schmitt that communication from City Planner transmitting request of Whitman Point for resolution of support for tax credits from the Iowa Finance Authority for construction of 50-60 unit affordable assisted senior living facility within the 1100 block of Flammang Drive across the street from GMAC and between Doctor Snead's office and 1034 Flammang Drive, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-914. ORDINANCES TO BE ADOPTED 126126 Greenwood/Schmitt that "an Ordinance vacating Heath Street from Donald Street to Dale Street and the alley generally located within the block west of Heath Street from Donald Street to Dale Street", be received, placed on file, considered and passed for the second time. (See 10-15-07 Council Meeting CR 126067.) Prior to a vote on the above motion, the following comments were heard. Janice Holmes, 1655 Mount Carmel Drive and part of the Maples Neighborhood Association, stated that Allen said they did a traffic check, and it wasn't very much, so if the traffic isn't that heavy, then she thinks the could safely get across the street. Ms. Holmes is still concerned about additional traffic on one street leading to the north out of the neighborhood. They only have four exits to the neighborhood now and this will leave them only three, one to the north and two to the east with none to the south and none to the west. Ms. Holmes asked the council to vote this down again. October 22, 2007 Ordinances to be Adopted continued Jay Wilsher, Regional Vice President at Allen Hospital, reiterated the importance of this, and that its more than parking. Its about Allen's campus, its about patient safety, its about employee safety. Mr. Wilsher reported they are receiving overwhelming support for this $5 million dollar investment from everybody. This is just another step that they need to have in order to manage the traffic that is going to be occurring in 16 to 18 months at the completion of this project. Mr. Wilsher commented that he believes the city received no written objections. Page 8 Mayor Hurley noted that a petition was received into record at last week's meeting, but there have been no others. Don Temeyer, Community Planning and Development Director, reported the Planning & Zoning Commission recommended approval and the vote was unanimous. The recommendation of approval of this request was passed to the city's Technical Review Committee, and all departments are asked to comment about the project, including Police, Fire, Traffic, Engineering, Building. Mr. Temeyer noted that staff understands the neighborhood's request to not close this street, but there were beliefs that it could be done, that the neighborhood would still have access to Donald Street and U.S. 63 and we could allow Allen Hospital Campus to expand. Mr. Temeyer reported the Board of Adjustments' role is to look at the overall campus plan, and they approved the location of the emergency room and the helipad because they are moving from Donald Street to the Dale Street access. Councilperson Welper commended Ms. Holmes for all her work and that it is obvious that she cares about the community and her neighborhood. Councilperson Welper state he contacted Traffic Operations to get an accident report on the Columbia and West Donald intersection, but he has not heard back because the Superintendent is gone. Muhammad Elahi did leave him a message that said that the speed of that section of West Donald needs to be reduced to 20 or possibly 30 mph. Councilperson Welper stated he believes Allen Hospital has requested this in the past, so that is something that needs to be looked, to reduce the speed limit in that section. Mayor Hurley noted that would be something that would come to council in the proper form, and that it takes a traffic ordinance change. Councilperson Welper commented that he feels the site from Columbia to the hill is too short so the speed limit must be reduced. Mr. Temeyer noted that Sandie Greco did say that they were going to put that before the council. Councilperson Greenwood commented that he looked at the Allen campus this afternoon, and as the healthcare campus expands and more and more of the treatments are done locally, the demographic of the patient that they serve is an older, sicker clientele, and they need to be able to safely park on the campus and have access to the facility. Councilperson Greenwood stated he knows that it is probably a hardship for some people to close that street, but he thinks that looking at the wellbeing of the whole facility is to close the street and let them contain the campus within some boundaries. Councilperson Schmitt commented that there are a lot of neighborhoods that only have one or two ways out, some of them by choice and some of them by circumstance. Hollywood Addition has one way out and there are over a hundred homes there and their only way out is Campbell Avenue; West Park Addition has only two ways out and they have to go a dozen blocks south or north to get to U.S. 63 south. Change is hard, some of the neighbors will have to take a different route to get out of their neighborhood, but he still thinks that saying that they are down to only three streets in and out of the neighborhood is not a compelling argument to not close that street. To support the Allen Hospital expansion, he thinks that closing that street is the right thing to do. Councilperson Getty commented he has nothing against Allen Hospital, he thinks its a great project, we need it and Allen Hospital needs it. Councilperson Getty asked those councilpersons who drove around that area and went to other areas to show him another area in town where you have a junior high school, a church, a business and a hospital confined in this small of an area. Councilperson Getty stated it has been mentioned tonight about the speed limit on Donald Street. Coming down the hill to Columbia is going to be a terrible traffic jam at Columbia and Donald Street. • • • • October 22, 2007 Ordinances to be Adopted continued Councilperson Getty stated looking at Allen Hospital's map if you look at what they have done with the property they are buying, if you look at where the helicopter pad is, he feels it won't be long, maybe a year, two years or maybe three years, before they come back and say they need to buy and close West Dale Street from Logan Avenue down to Heath. As to the safety of the people walking from the parking lot to the facility, he is all for safety. Half of that block to Heath Street is going to still be open for truck traffic and deliveries into Allen Hospital. So the north half of that street is still going to have cars, trucks and semis on it and right across the street it says future parking, so they are still going to have that problem. Allen is going to spend $45 million dollars investment, and he thinks its a great investment, but he thinks that this is going to be a bottle neck without Allen Hospital, the City of Waterloo or the State of Iowa coming up with a traffic light at the corner of Louise and Highway 63 to let traffic get in and out of this area. There is no safe way to get in and out of the area, not with that much traffic. The gentleman from Allen last week said that they are going to be doing 30,000 x-rays, and this is over 500 extra cars a day just for the x-rays. So it is going to be a heavily traveled area for as small as it is. Page 9 Janice Holmes commented that there are many accidents at Louise and Highway 63, mostly fender benders, about the time that children are getting out of school. That street is hard to drive down because oftentimes there are cars parked all along there for parents waiting to pick up their kids, which does make a bottle neck at that corner. Ms. Holmes noted that within the last two weeks, when she came through about 2:15 p.m., there were two cars up on the lawn as far as she could see because a fire truck was partly blocking Louise Street on the east and they were up on the northeast corner of the lot. Ms. Holmes stated there are a lot of accidents at that corner with the kids getting out of school. Mr. Wilsher thanked the council for all their research. Mr. Wilsher noted that it is 30,000 emergency room visits, just a clarification, but he appreciates how the council is studying this request. Allen Hospital did so in great detail as well before bringing it to council. Councilperson Greenwood asked if Allen Hospital looked at having limited access on Heath Street, maybe put several speed bumps in there so you can get in there from the north and exit back out on Heath Street. Jay Wilsher responded the only access, once Allen obtains this street, will be for delivery trucks, there won't be any parking. It would just be for drop off and the distribution docks are there, so there will be no traffic except for the delivery trucks. Councilperson Greenwood commented he is asking if Allen Hospital looked at having limited traffic through there by allowing traffic coming in north and access into the lot for their employees to be able to use that to get access to the parking lot. Mr. Wilsher responded they have not, but they certainly could use the speed bumps. Councilperson Greenwood stated that might be a win-win solution if Allen opened up the north side and had limited access for their employees or as an emergency route if they had to get down through there with an ambulance or a fire rescue vehicle going south. Mr. Wilsher responded they would certainly be willing to look at that, but even right now they are having troubles with their semis backing in there. Councilperson Schmitt stated that regarding the comment about Logan School on the corner of West Louise and Highway 63, that is a very congested intersection with the school right there, but in a year to 12 months that school will not be there, the school is going to go on the school property to the far west corner. Mayor Hurley commented that he does not know what the school's plans are for egress. Councilperson Getty commented he has not seen anything, right now they are going to use the same access in and out. Mr. Temeyer stated their main access will be off Esther Street. Mr. Temeyer noted that regarding the U.S. 63 project, it is funded and they are working on the environmental assessments and it will be July before that is done and they will start buying property. The construction schedule looks like probably 2010. The project will include signals, probably at Dale and probably at Esther or Louise. They just haven't decided so signals will be going in at those locations as a part of the 63 Project. October 22, 2007 Ordinances to be Adopted continued Councilperson Gunderson commented that between Mount Carmel Drive, which would be on the west side of the housing apartment complex, the city might think about or find out who owns this land, because this would give us another access from Mount Carmel Drive from Dale to Donald Street. It may be something that we would have to buy right away to put another street through there. That would give access to the north on to Donald Street. Councilperson Gunderson stated he thinks this would relieve some of the traffic that we are going to have to consider with the new Logan School. It would give another out to this area other than the Columbia Street exit. Right now it is a vacant field, but Councilperson Gunderson thinks the city should find out who owns this land, and if we need to put another street through there later it might be a consideration for another exit. Page 10 Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Getty. Motion carried. 126127 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Getty. Motion carried. 126128 - Greenwood/Schmitt that "an Ordinance vacating Heath Street from Donald Street to Dale Street and the alley generally located within the block west of Heath Street from Donald Street to Dale Street", be considered and passed for the third time and adopted. Ayes: Six. Nays: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4887. 126129 Greenwood/Schmitt that "Resolution authorizing sale and conveyance of vacated Heath Street and the alley generally located within block west of Heath Street from Donald Street to Dale Street to Allen Memorial Hospital for $1.00", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-915. Greenwood now absent at 6:43 p.m. NEW BUSINESS 126130 Kincaid/Gunderson to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2007 Riverfront Stadium East Concession Renovation, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 126131 Kincaid/Gunderson that plans, specifications, form of contract, etc. in conjunction with 2007 Riverfront Stadium East Concession Renovation, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 126132 Kincaid/Gunderson 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. 2007-916. 126133 Kincaid/Gunderson that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as November 13, 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-917. • • • • October 22, 2007 New Business continued 126134 - Kincaid/Gunderson Page 11 to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2007 Spring View Park Restroom Project, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 126135 - Kincaid/Gunderson that plans, specifications, form of contract, etc. in conjunction with 2007 Spring View Park Restroom Project, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 126136 - Kincaid/Gunderson 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. 2007-918. 126137 - Kincaid/Gunderson that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as November 13, 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-919. 126138 - Kincaid/Gunderson to instruct Contracts and Grant Coordinator to prepare specifications, bid document, form of contract, etc. in conjunction with Asbestos Removal, Contract No. 129 -AR -11 -12 -07 -GO, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 126139 Kincaid/Gunderson that specifications, bid document, form of contract, etc. in conjunction with Asbestos Removal, Contract No. 129 -AR -11 -12 -07 -GO, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 126140 Kincaid/Gunderson that "Resolution preliminarily approving specifications, bid document, 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. 2007-920. 126141 - Kincaid/Gunderson that "Resolution setting date of hearing on specifications, bid document, form of contract, etc. as November 13, 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-921. ORAL PRESENTATIONS 126142 Ryan Madison, 650 Dawson Street, commented that he talked to Councilperson Getty several times about a dog that is in the community. The dog attacked his child, and when he called the animal shelter they told him to try to catch the dog as well as to follow the dog to see if he could find the owner. Mr. Madison stated he believes the city pays the animal shelter to do a job and their job is to control animals. He has been living in this location for a year, and this dog has been running the streets for a year. When he called Councilperson Getty, they did come out and drove around the street a couple of times, but they have not tried to catch this animal. He never saw them step out of their van because he went out on his porch and watched them. Mr. Madison stated he feels if they can't do a job the city should find somebody that will do the job. October 22, 2007 Oral Presentations continued Mr. Madison stated when lived on the Westside where the new casino is located, he had no problem with them coming out when he had animal problems. Mr. Madison stated it seems like when you live on a different side of town, they have a different tone of voice towards you because the lady had a pretty rude attitude when he asked her more than once to come out and get this dog. Mr. Madison stated he talked with neighbors, and they note that they have complained about the dog as well so animal control knew about the dog before he said anything. Mr. Madison stated he thinks something needs to be done with the dog as it attacked his child, and animal control is not doing their job. Mr. Madison commented that last time he called animal control was probably two months ago, and during this time he has been trying to catch the dog himself. He put out dog food as well as he chased behind it with a rope trying to tie a rope around its neck. Mr. Madison stated he has not been able to find out where the dog lives because it always runs behind in the alley, and he can never find out where it is going. Page 12 Mayor Hurley noted Mr. Madison is correct that the city pays animal control for a service, and we need to stay on top of them to make sure that they are providing that service. Mayor Hurley stated he hopes it is not an eastside - westside thing, but he will make sure his office contacts the Traffic Department in the morning for a follow up, and if Ms. Greco is not available, he will take it up personally. Mr. Madison stated its a white and brown hound dog. Mr. Madison stated he has been out of state on business for about a month and half, but he saw the dog this morning. Yesterday, he saw them out talking to a guy because somebody complained that his dog was barking too much. Mayor Hurley stated he knows that animal control is short-staffed and stretched thin, but they still have a job to do and he will follow-up. Mayor Hurley commented that during last week's oral comments, Gene Geiger addressed us on the matter of waste tire shredding and wanted the bid. Mayor Hurley stated he asked Mr. Shea to contact Mr. Geiger and he also did a little background work. Mayor Hurley stated the company we use today parks a truck at the Waste Management site, and we throw in the tires we get from calls to clean out ditches, our spring and fall clean-up days, etc. When that truck gets full, Waste Management calls this service and they come get the truck and leave an empty truck. That provider of this service is licensed by the DNR, not just to process tires but to transport them. Since the tires are in the city's hands, we are responsible for how those tires are transported, handled, etc. The city's ordinances are pretty specific on the matter for people or companies who deal with used, new or unusable tires. It speaks to how they should be stored, and how many you can have on each side. As far as we know, Mr. Geiger's firm is licensed as a processor. In fact, Mr. Shea worked with Mr. Geiger to get him to that point when we used him on a trial basis at Waste Management a couple of years ago. Mr. Geiger received processing approval from the DNR, but he is not approved, as far as we know, as a transporter, which is very important to the city in following the manifest. There were other things to work on as a result of that trial with Mr. Geiger. We did talk with Mr. Geiger a couple times this week, as late as Friday, and he agreed to meet this morning. Mr. Shea was there but the other party wasn't. If anybody wants to do business with the city in that matter, we have to work with somebody who is capable of being fully licensed by the DNR as used tires and waste tires are considered a hazardous waste. Getty/Cole that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 126143 - Gunderson/Cole 4 that the Council adjourn at 6:50 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Nanc/Eckert, CMC City Clerk • •