Loading...
HomeMy WebLinkAboutMinutes-04/07/2008• • April 7, 2008 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, April 7, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Eric Thorson, City Engineer. 126845 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, April 7, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 126846 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 24, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring April 6-12, 2008 as Square and Round Dance Week. Mayor Hurley performed Swearing-in of the following Police Officers: Nathan Watson, Matthew Miller, Mark Nissen, Tammera Babb, Michael Girsch, and Vaska Tosic. CONSENT AGENDA 126847 - Reggie Schmitt/Greenwood 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. 1-67, dated April 7, 2008, in the amount of $2,073,285.79, 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. 2008-241. 2. Communication from Police Chief transmitting request of Waterloo Memorial Day Board to hold annual Memorial Day Parade on May 26, 2008, starting at 10:30 a.m. on 6th & Commercial to Park Avenue, right to Mulberry Street, right to 5th Street and right to Commercial Street. Resolution adopted and upon approval by Mayor assigned No. 2008-242. 3. Communication from City Clerk transmitting request of the Nature Center Director for an exception to burning yard waste to burn approximately 26.3 acres of prairie grass located within the Hartman Reserve Nature Center during the time period of March - May 2008 and October - December 2008, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-243. 4. Communication from City Clerk transmitting request of McKinstry Elementary School for an exception to burning yard waste located at the southeast corner of the athletic field during the week of April 21, 2008, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-244. 5. Communication from City Clerk transmitting request of Waterloo Commission on Human Rights for a variance to the Noise Ordinance on June 20, 2008 between 1:00 p.m. and 7:00 p.m. in conjunction with the Summer Harmony Day 3 event to be held at Lincoln Park, including PA system and music, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-245. April 7, 2008 Page 2 Consent Agenda continued 6. Communication from City Clerk transmitting request of Waterloo Jaycees for a variance to the Noise Ordinance on July 5, 2008 from 10:00 to 10:30 p.m. in conjunction with Jaycees Fireworks Festival, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-246. 7. Communication from Assistant City Engineer transmitting request for a temporary variance to the truck embargo on Rainbow Drive between Greenhill Road and Northland Drive from April 7 - July 15, 2008 to allow Northland Products, Inc. and customers to use this portion of Rainbow Drive during reconstruction of Rainbow Drive. Resolution adopted and upon approval by Mayor assigned No. 2008-247. b. Motion to approve the following: 1. Michelle Boswell, Administrative Secretary, to attend Excel Basics and Beyond the Basics Seminars in Cedar Falls, Iowa on May 12 and May 13, 2008, with costs not to exceed $128.00, including use of city vehicle. 2. Bill Bachman, Assistant Director; and Todd Derifield, City Forester; to attend Iowa Park and Recreation Association Spring Conference in Council Bluffs, Iowa on March 31 -April 2, 2008, with costs not to exceed $565.00, including use of city vehicle. c. Beer License Permit Application Class B All Golf Center, 1850 West Ridgeway Avenue (Renewal) (Expires 4/15/09) (Includes Sunday Sales) d. Beer License Permit Application Class C El Mercadito, 520 LaPorte Road (Renewal) (Expires 5/21/09) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C A.J.'s Eatery & Spirits, 1415 E. San Marnan Drive (Renewal) (Expires 4/21/09) (Includes Sunday Sales) J's R & B Lounge, 501 Independence Avenue (Renewal) (Expires 4/6/09) (Includes Sunday Sales) f. Liquor License Permit Application Class A The Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/13/09) (Includes Sunday Sales) g• Outdoor Service Area Application All Golf Center, 1850 West Ridgeway Avenue The Sunnyside Country Club, 1600 Olympic Drive h. Fireworks Display Application VGM Group, 1111 W. San Marnan Drive on June 9, 2008 Suresh Reddy, 1873 Crabapple Lane on May 17, 2008 i. Cigarette/Tobacco Permit Application Five Star Snacks & Liquor, 437 Sullivan Avenue j. Bonds. k. Blasting Permit Application John Deere Waterloo Works for demolition of abandoned powerhouse located at 400 Westfield Avenue, subject to receiving certificate of insurance. Ayes: Seven, with Councilperson Cole abstaining on fireworks application for VGM Group as she is an employee of VGM. Motion carried. • • • • April 7, 2008 HEARINGS 126848 - Hart/Steve Schmitt Page 3 that proof of publication of notice of public hearing on request of Benton's Ready Mix Concrete to rezone from "A-1" Agricultural District to "M-1" Light Industrial District property generally located on the west side of Bishop Avenue between Independence Avenue and MLK Jr. Drive to allow for the establishment of a portable ready mix concrete plant, as published in the Waterloo Courier on March 21, 2008, be received and placed on file. Ayes: Seven. Motion carried. 126849 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Getty that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 126850 - Hart/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 397 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 126851 - Hart/Reggie Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 126852 Hart/Reggie Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 397 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4903. 126853 - This being the time and place of public hearing for Casey's 218 Pub, Inc., 4014 University Avenue on the violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. 126854 - Getty/Hart that "Resolution assessing $300.00 penalty for said violation", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-248. 126855 - This being the time and place of public hearing for Harris One Stop, 220 West Parker on the violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. 126856 - Getty/Hart that "Resolution assessing $300.00 penalty for said violation", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-249. April 7, 2008 UNFINISHED BUSINESS Page 4 126857 - Greenwood/Steve Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $30,078.00 to Century Fence Company of Waukesha, Wisconsin in conjunction with 2008 Cedar River/Exchange Sports Complex Fencing Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-250. 126858 - Greenwood/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $117,439.00 to Service Roofing Co. of Waterloo, Iowa in conjunction with Roof Replacement for Filter Building at Waste Water Treatment Plant, 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. Louis Cutwright, Building Official/Maintenance Administrator, reported that this is a flat roofed building, with about a total of 10,000 square feet. 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. 2008-251. PETITIONS FROM PUBLIC 126859 - Reggie Schmitt/Cole that communication from City Planner transmitting request of Rosalie Fischels to sell and convey a portion of a vacated alley generally located adjacent to 432 James Street, be received, placed on file and "Resolution setting date of hearing as April 28, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-252. 126860 - Reggie Schmitt/Cole that communication from City Planner transmitting request of Elk Run Energy Associates, LLC, on behalf of the property owners, for voluntary annexation of approximately 347.61 acres generally located along Merle Road, north of Newell Street, % mile east of N. Elk Run Road for the purpose of constructing a 750 - megawatt coal-fired electric generation facility, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 28, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-253. 126861 - Reggie Schmitt/Cole that communication from City Planner transmitting request of Elk Run Energy Associates, LLC, on behalf of the property owners, to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District approximately 260.36 acres generally located along Merle Road, north of Newell Street, % mile east of N. Elk Run Road for the purpose of constructing a 750 -megawatt coal- fired electric generation facility, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 28, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-254. • 1 • . April 7, 2008 DOCUMENTS Page 5 126862 - Cole/Reggie Schmitt that communication from Police Chief transmitting Equipment Credit Agreement with RCSystems, Inc. for $5,800.00 credit to be used to purchase electronic relay and/or surveillance equipment, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-255. 126863 - Cole/Reggie Schmitt that communication from City Planner transmitting Encroachment Agreement with Ron and Cora Turner to allow two sections of a reconstructed split rail fence at 616 Newell Street to encroach seven feet into the right-of-way of Newell Street, 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. 2008-256. 126864 - Cole/Reggie Schmitt that communication from Community Planning and Development Director transmitting Development Agreement with Empire Enterprises LLC for construction of a 15,000 square foot building addition at their current facility located at 2729 Wagner Road, just north of Broadway Street, with a new taxable value of $388,000.00, and tax rebatements for five years at 50 percent, 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. 2008-257. 126865 - Cole/Reggie Schmitt that communication from Community Planning and Development Director transmitting agreement with Richard F. Warren & Associates at a cost of $30,000.00 to prepare an application to the federal Office of Community Services Program grant in the amount of $700,000.00 for economic redevelopment in the Logan/Donald Street retail area, 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. Noel Anderson, Community Planning and Development Director, explained that the city previously received an OCS grant, which is a health and human services or an anti -poverty grant for the Logan Plaza area. The majority of the money is set up to create employment opportunities for people in that immediate area or meet certain income levels. This grant, similar to the other one, would be focused on creating employment opportunities. The reason that they are focusing on a restaurant for this grant is that the restaurant has been a priority for the Logan Plaza area and the neighborhood. They believe that a restaurant type job would be a good entry level job meeting criteria for people getting their first jobs for this type of a grant. Councilperson Getty asked if when talking about the Logan/Donald Street retail area, are we talking about the property between Donald Street and the Menards' property and East 4th Street and Logan Avenue, the Logan shopping center that is there now. Mr. Anderson responded this could potentially go in the Logan Plaza shopping center site, which the majority of that area is owned by Robert Rappaport out of Minneapolis, Minnesota in a trust. It could essentially go on the Menards' site as well, depending on what lots will be available without a portion of the road going in at this time. Essentially, it can go anywhere between Donald and Ralston Road, 4th Street to Highway 63. Councilperson Getty asked if it goes on the Rappaport property will it be sold to whatever restaurant wants to go there, could it be rented, how will that work. Mr. Anderson responded that currently there are some out lots that have been sold, there are some buildings on leased land, and those details haven not been worked out. Mr. Anderson commented that he thinks we want to leave that open for the granting agencies to let them decide if they have a preference or leave that option open as to how we can negotiate it. April 7, 2008 Documents continued Councilperson Getty voiced his objection against supporting this item for the simple reason of the person who owns the majority of that piece of property. For years, we have had businesses that have located there and their rents have been raised and they have left town. The Hy -Vee store wanted to build on that side of the property and again Mr. Rappaport and the City of Waterloo or Hy -Vee could not come to a good conclusion to the negotiations. Councilperson Getty stated it seems to him that every time we try to get something done out there that particular property owner seems to be a problem for us. We have had hardware stores out there where the rents have been raised. We had a Ben Franklin store out there, and it is too bad that he will not negotiate with Waterloo and try to help us make that into a new viable shopping center. Councilperson Getty stated he will vote no on this item. Councilperson Reggie Schmitt commented he understands what Councilperson Getty is saying because we have had problems out there, but this is also a case where we do need to spend the $30,000.00 to have professionals prepare the application for the grant so that we have a better chance of getting it. This $700,000.00 is more economic improvement, more economic development in the Logan/Donald Street area, and we need to go for it. We don't have to go on Rappaport's property, but he feels we should go for the grant. Councilperson Getty commented that we can all rest assured that if we get the $700,000.00 grant, it will be in Rappaport's property. Councilperson Hart asked if it is a necessary factor that we work with that particular developer for this grant, do we have to work with Rappaport to get this $700,000.00, is that where it has to be developed. Councilperson Hart asked have grant fundings, such as these, been used to lure in major companies that can also work to help to get jobs that have livable wages. Page 6 Mr. Anderson responded that we definitely do not have to go onto the Rappaport property. The reality is he owns the majority of property out there that would be considered for this, but there are other sites including the Menards' land to the north. There are some small lots next to the hotel just north of Hy -Vee that could work. The second part of the question about the grant working to bring companies, at this point we are working with the Office of Community Services (OCS) grant and the Highway 63 Gateway Community Development Corporation (CDC). There are a number of national tenant companies looking in that area, and we are trying to negotiate with them to go there using some of that grant money to help them by bringing them employees through the grant. By far, the main factor that is bringing people to look at this area is Menards' announcement for the Spring of 2009 construction. Mayor Hurley noted the $30,000.00 will be paid with bond money, and we will have to pay this amount whether we get the grant or not. Mayor Hurley noted its sort of our match to the process but asked if the grant is successful and brings in $700,000.00 how could that money be used. Mr. Anderson responded it definitely can be used for some of the hard costs, but the majority of the grant is to be spent on bringing employment there. Councilperson Hart asked when we prepare the grant with Richard Warren and Associates, the CDC and the city, do we have to write within the grant that we are going to develop this particular area that the developer owns or do we have to identify specific places that the business will be located. Mr. Anderson responded we can put a general area, we can put multiple sites, but he doesn't think we have to pick one specific site. Councilperson Greenwood asked in the administration of the grant what all can we buy with it or what type of asset in terms of what the money can be used. Mr. Anderson responded a portion of it can be for the hard cost, if we had to use some of it for aiding in the construction or the site, preparation. Councilperson Greenwood asked if the city could buy the land and put up the building. Mr. Anderson responded he thinks the city could and that is something that is located in the TIF district. The grant is more centered around trying to work with the business so that they will get grant money for creating the business and hiring employees that meet the income guidelines. Mayor Hurley asked if the grant money would go to the CDC just like the last time and they allocate it. Mr. Anderson responded that is the specific group that is working on the economic development in this area, and they are partnering with us similar to how you would see MyEntreNet or the Greater Cedar Valley Alliance working on the large industrial projects. They are the group we are working with specifically to target economic development in this area. • • • • April 7, 2008 Documents continued Mayor Hurley commented that we have talked a long time during political campaigns, budget sessions and goal setting sessions about spurring economic development and jobs on the eastside in Wards 3 and 4 particularly. Councilperson Steve Schmitt commented that he thinks based on history, which he has not been a part of, he understands Councilperson Getty's concern about committing money to this, and he assumes there is not a way of writing out a developer. Page 7 Mr. Anderson responded he imagines if we wanted to, but we need to look at what is in the best interest of getting the grant. If we wanted to make it site specific and not include any of Mr. Rappaport's lands that would be a possibility, but he thinks we need to look at the larger picture of Mr. Rappaport owning a majority of the land. We have the other grants in place to help the Logan Plaza area as well so he thinks we want to leave our options open as we continue to try to work with him, but Mr. Rappaport is not going to be the only option. Councilperson Steve Schmitt commented his question was assuming that we could not write him out, which he would be surprised if we could, is that we could expand the area as its been talked about so its not just specific to Donald Street, 4th Street, Ralston Road, Highway 63, because that really does then take much flexibility away from us. Mr. Anderson responded he thinks we are going to want to leave it in that general Logan Plaza area but it could include multiple property owners. Councilperson Steve Schmitt asked to expand the area wouldn't necessarily help us then. Mr. Anderson responded he thinks the area that we are talking about that is covered by the TIF and the CURA we are going to have probably three or four property owners in there now. If we didn't want to work with Mr. Rappaport specifically or could not reach an agreement with him in trying to create this project, there will be other property owners we can work with. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2008-258. 126866 - Getty/Steve Schmitt that communication from Community Planning and Development Director transmitting agreement with Wendell Lupkes to lease approximately 19 acres of land generally located north of West Shaulis Road, between Southland Addition and Prescotts Creek for $100.00 to use for baling purposes, 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. 2008-259. 126867 - Getty/Steve Schmitt that communication from Fire Chief transmitting 28E Agreement with East Waterloo Township to provide fire and ambulance services, 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. 2008-260. 126868 - Getty/Steve Schmitt that communication Recommendation of Dubuque, Iowa at a U.S. 20/Ansborough placed on file and Seven. from City Engineer transmitting Completion of Project and Acceptance of Work performed by Flynn Company, Inc. of total cost of $3,005,419.51 in conjunction with F.Y. 2006 Avenue Interchange Project, Contract No. 667, be received, "Resolution approving said documents", be approved. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008-261. April 7, 2008 Documents continued Page 8 126869 - Getty/Steve Schmitt that communication from Mayor Tim Hurley transmitting agreement with University of Northern Iowa in support of Cedar Valley MyEntreNet funding at a cost of $35,000.00 per year for two years starting July 1, 2008, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper commented when we met with the MyEntreNet people last year, he understands this is money well spent, that this money will eventually come back to us. Councilperson Welper noted he was a little bit surprised when he looked at their budget that this is primarily salaries, and we usually don't pay salaries when we allocate money for situations like this. Mayor Hurley explained that it is primarily salaries, and this is the same budget when this came to us earlier when we put it on our budget. Mayor Hurley noted the fact is that they basically have the talents and the administration to train. Thee are some obvious equipment and things to run copying machines and things like that, but its basically consulting. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-262. 126870 - Steve Schmitt/Welper that communication from City Engineer transmitting agreement with Craig Ritland Landscape Architects for design and construction related services at a maximum cost of $14,800.00 in conjunction with F.Y. 2008 E. 4th Street Reconstruction and Streetscape Improvements, Contract No. 742, 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. 2008-263. 126871 - Steve Schmitt/Welper that communication from Airport Director transmitting one-year lease agreement with Waterloo Implement for 72" side discharge riding mower at a cost of $3,950.00 and 20' flex wing pull behind mower at a cost of $3,000.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-264. 126872 Steve Schmitt/Welper that with communication from Mayor Hurley transmitting the International Association of Firefighters Memorandum of Understanding Local No. 66 as it relates to and accounting, be said memorandum of Ayes: Seven. sick leave credit, accumulation, annual distribution received, placed on file and "Resolution approving understanding", be adopted and Mayor authorized to execute same. Resolution adopted and upon approval by Mayor assigned No. 2008-265. 126873 - Steve Schmitt/Welper 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 for Preliminary and Final Plat of Greenbelt Centre No. 2, be received, placed on file and "Resolution approving said variance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-266. • • • • April 7, 2008 Documents continued Page 9 126874 - Welper/Greenwood that communication from City Planner transmitting Preliminary Plat of Greenbelt Centre No. 2, together with staff report, aerial photo, preliminary plat and deed of dedication, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-267. 126875 - Welper/Greenwood that communication from City Planner transmitting Final Plat of Greenbelt Centre No. 2, together with staff report, aerial photo, final plat and deed of dedication, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-268. 126876 - Welper/Greenwood that communication from Community Planning and Development Director transmitting Easement Modification Agreement with Deere & Company and the Cedar Valley Tech Works, Inc. to shorten the no build/utility easement No. 1 so the easement does not go over the new road construction in conjunction with the redevelopment of the former Deere & Company site, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-269. 126877 - Welper/Greenwood that communication from Building Official/Maintenance Administrator transmitting Contracts and Bonds in the amount of $117,439.00 with Service Roofing Co. of Waterloo, Iowa in conjunction with Roof Replacement for Filter Building at Waste Water Treatment Plant, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-270. RESOLUTIONS TO BE ADOPTED 126878 - Hart/Cole that communication from Community Planning and Development Director transmitting request for authorization to make payment in the amount of $37,729.72 and up to $10,000.00 incidental closing costs to Metropolitan Transit Authority for repayment of FTA grant for landscaping and pavement at the corner of West Mullan Avenue and Commercial Street and transfer of title to the City, be received, placed on file and "Resolution authorizing said payment", be adopted. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, Community Planning and Development Director, reported a portion of this property was put into place with the FTA grant through MET. The city recently did some demolition there, the former Azzy's Detail Shop. This is where the drive -up facility for US Bank will be going so we are required to repay portions of the improvements that were put in there with the grant money as part of the redevelopment of the site. Mayor Hurley commented that the Federal Transportation Authority (FTA) gave some money to MET. They did some improvements, then we went with the movement with the drive -up with US Bank because the city is doing that area in front of the riverfront. Mr. Anderson noted that since the city is changing the use of the site, we are required to pay back the grant. Michelle Weidner, Chief Financial Officer, commented the title of the property will transfer back to the city. Councilperson Hart stated so there was not a mistake on behalf of the city. April 7, 2008 Resolutions to be Adopted continued Mayor Hurley noted it started with the FTA when they gave the money to MET. MET will probably turn around and use that money at the central transfer station on East Park and Sycamore. Page 10 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. 2008-271. 126879 - Hart/Cole that communication from Superintendent of Traffic Operations transmitting request to place temporary yield signs on Lyon Street at Cornwall Avenue due to reconstruction on Hammond Avenue, be received, placed on file and "Resolution approving said temporary yield signs", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-272. 126880 - Hart/Cole that communication from City Clerk transmitting request to cancel assessments in the amount of $655.00 for fire life safety inspection fees for 426 and 404 Beech Street, be received, placed on file and "Resolution approving said request", be adopted and City Clerk authorized to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-273. NEW BUSINESS 126881 - Greenwood/Steve Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $710.70 for work performed by the Water Works at 225 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-274. 126882 - Greenwood/Steve Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $710.70 for work performed by the Water Works at 120 Rhey 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. 2008-275. 126883 - Reggie Schmitt/Hart to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with East Park Avenue Parking Garage, Phase II, Divisions I and II, be received, placed on file and approved. Ayes: Seven. Motion carried. 126884 - Reggie Schmitt/Hart that plans, specifications, form of contract, etc. in conjunction with East Park Avenue Parking Garage, Phase II, Divisions I and II, be received and placed on file. Ayes: Seven. Motion carried. 126885 Reggie Schmitt/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-276. • 1 • • April 7, 2008 New Business continued Page 11 126886 - Reggie Schmitt/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as April 28, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-277. 126887 - Reggie Schmitt/Hart to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with 2008 Right of Way Mowing, be received, placed on file and approved. Ayes: Seven. Motion carried. 126888 - Reggie Schmitt/Hart that specifications, bid document, etc. in conjunction with Mowing, be received and placed on file. Ayes: Seven. Motion 2008 Right of Way carried. 126889 - Reggie Schmitt/Hart that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-278. 126890 - Reggie Schmitt/Hart that "Resolution setting date of hearing on specifications, bid document, etc. as April 21, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-279. 126891 - Reggie Schmitt/Hart to instruct City Engineer to prepare plans, specifications, form of etc. in conjunction with F.Y. 2008 Sidewalk Repair Program - Zone 8 Repairs, Contract No. 740, be received, placed on file and approved. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported Zone 8 is bounded on the Baltimore, on the north by Williston and Campbell Avenues, on the Highway 63 and on the south by Ridgeway Avenue. Following comments a vote was taken on the above motion with the result. Ayes: Seven. Motion carried. 126892 - Reggie Schmitt/Hart that plans, specifications, Sidewalk Repair Program - received and placed on file. 126893 - Reggie Schmitt/Hart contract, and Trail east by west by following form of contract, etc. in conjunction with F.Y. 2008 Zone 8 and Trail Repairs, Contract No. 740, be Ayes: Seven. Motion carried. that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-280. 126894 - Reggie Schmitt/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as April 28, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-281. April 7, 2008 New Business continued Page 12 126895 - Hart/Cole that communication from Community Development Director transmitting proposed funding recommendations for the FY2009 Waterloo/Cedar Falls HOME Consortium Consolidated Plan - Community Development Block Grant and HOME Program Funds, be received, placed on file and "Resolution setting date of hearing as April 21, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described plan", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-282. ORAL PRESENTATIONS 126896 Jerry Shatzer, 1829 West 7th Street, commented that two weeks ago his son called him, and he was taking his youngest son for art lessons, which rang a bell because of what we are doing with the Art Center, so he and his wife visited the new youth pavilion and he was really impressed. He was impressed with the exhibits. There was a young girl who took him and his wife around, and she was enthusiastic. The biggest thing that scares him about this whole thing is little kids should never know class distinction when it is at all possible when they are attending a function. If you are poor and you are going to a function, your treatment should be equal. Mr. Shatzer commented he asked the young girl if they are going to allow people to have parties, and she said yes. Mr. Shatzer asked her what was this was going to cost and she really didn't know, maybe $100.00. Mr. Shatzer stated there are a lot of people out there who cannot afford that $100.00. A single mother in a low income housing who also has a little boy or little girl may want a birthday party for her child. Mr. Shatzer stated he feels somehow we have to make it so that each child is totally equal when they get there, whether it is for a birthday party or whatever. Mr. Shatzer stated he thinks we have a great thing going there, but he wishes the city would give money back to him that we received from the Isle of Capri, but it doesn't look like the city is going to lower his property tax. As long as the city had to take it, it was well spent and it was a good project. Mayor Hurley commented that the Youth Pavilion opened to rave reviews, but there are still naysayers. We get the same thing where people say its going to be a drain, it will be like that Conway Civic Center charging to cover the cost of providing staff, etc. for a party or whatever. Mayor Hurley thanked Mr. Shatzer for his comments, but he doesn't know how we are going to do it. Mayor Hurley stated the Isle of Capri money has gone to good use, and the grant that we received from them and the advance saved police officers and fire positions. The money that went into the Center For the Arts and the Youth Pavilion actually was Waterloo Development Corporation money not city grants and that's a steady flow. The revenues that we are receiving through the Isle through the development agreement and the host city fee are going to help taxes, and the reason we only had a 1.3 percent increase this year is in a large part because of the revenue that we did not have before, although you might not see decreases it is going to property tax relief. 1 t L Ryan Madison, 650 Dawson Street, stated that on April 13, 1968 over 40 years ago in front of a packed crowd of 11,000 people, a man gave a speech that rallied and changed the world. As time progressed, this city has fallen into a slump of the old ways of shunning one-half of itself in delivering bad checks, not only to blacks but to the east side entirely. Mr. Madison stated they asked the city to rid their community of abandon buildings, and Reggie Schmitt says the cost is too high and the funds are not there, but just across the bridge the city is buying out buildings and knocking them down left and right as if the money supply is endless. Just a few days ago, Noel Anderson said that businesses would not develop on the east side due to the flow of traffic. For years, these citizens have begged the city to fix the streets and build an overpass on the railroad crossing on East 4th Street, not only for business development but for the safety and concern of our kids, and the city rebuttals by throwing all the blame on Canadian National saying they won't go for it. In fact, Kevin Brockman, Assistant Superintendent of Canadian Nationals, said the city is responsible for it and owns those tracks, and that they have pleaded with city numerous times with the same concerns. Mr. Madison commented they are asking the city to focus on developing business in their part of the community. Mr. Madison stated that both Noel Anderson and Mayor Hurley have said that it is not their job or position to focus on putting businesses on the eastside, but if the concerns of this city and the citizens are not their job, he thinks they need to go back and reevaluate them. • • r • • April 7, 2008 Oral Presentations continued Mr. Madison commented that the city has a grant and spent $5 million to redo Hammond and Ridgeway Avenues because of the safety of kids and the concern of a handicap lady when they have the same concerns on East 4th Street. Mr. Madison asked the council to reevaluate the situation, and that he is going to keep coming back to let the city know its not going to be enough until everything is at an equal playing field. Mr. Madison thanked Chief Doug Carter for boarding up the houses after he called him and the Chief boarded those houses up within a week. Page 13 Councilperson Hart reported that tomorrow at 7:00 p.m. there is a development opportunity with Common Grounds and the meeting is at Payne AME Church. Paul Huting, Leisure Services Director, reported there is a meeting Thursday, April 10, 2008 at 6:00 p.m. at Linden United Methodist Church about the redevelopment of Lafayette Park. Councilman Hart and several Leisure Services Board members will be at the meeting, and they are looking for ideas and input on a fast track project at Lafayette Park. Getty/Reggie Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 126897 - Reggie Schmitt/Cole that the Council adjourn at 6:40 p.m. Ayes: Seven. Motion carried. 59L41,-+ Nancy Eckert, CMC City Clerk