Loading...
HomeMy WebLinkAboutMinutes-12/08/2008December 8, 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, December 8, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Steve Schmitt, Welper, Reggie Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Reggie Schmitt, Ward 1 Council Member. 128246 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, December 8, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 128247 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, December 1, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 128248 - Reggie Schmitt/Steve Schmitt that the following items on approved: the consent agenda be received, placed on file and a. Resolution to approve the following: 1. Resolution approving Schedule AP642, pp. 1-85, dated December 8, 2008, in the amount of $2,748,035.70, 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. 2008-1069. b. Motion to approve the following: 1. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Roger Wooden to the position of Maintenance Electrician, effective December 9, 2008. 2. Communication from Leisure Services Director transmitting recommendation of appointment of Travis Nichols to the position of Park Maintenance II - Construction, effective December 15, 2008 subject to passing physical examination and drug testing. 3. Communication from Airport appointment of Troy Deeds to effective December 9, 2008. Director transmitting recommendation of the position of Airport Maintenance Worker, 4. Communication from Police Officer Steven Bose transmitting request for a variance to the City of Waterloo Residency Policy to be allowed to live in Oelwein, Iowa, subject to review in one year. 5. Nancy Gulick, Community Development Coordinator, to attend National Development Council's Housing Development Finance Profession Services Class in Des Moines, Iowa on January 4-9, 2009, with costs not to exceed $880.00, including use of city vehicle. 6. Josh Heller, David Jensson, Neil Caughron, Roger Carr and Charlie Donohue, Firefighters; to attend Iowa Weapons of Mass Destruction Task Force Training in Des Moines, Iowa on November 13, 2008, with costs not to exceed $684.04, including use of city vehicle. 7. Joe Traywick, Park Maintenance IV, to Falls, Iowa on November 20, 2008, with 8. Jim Bartlett, Police Officer; anti Todd Pole Camera Training in Des Moines, costs not to exceed $502.00, including attend Plumbing Code Class in Cedar cost not to exceed $150.00. Wilson, Planner; to attend IP Video Iowa on December 8-10, 2008, with use of city vehicle. December 8, 2008 Page 2 Consent Agenda continued c. Beer/Liquor License Permit Application Class C Galleria DePaco & Coffee Shop 622 Commercial Street (Renewal) (Expires 12/9/09) Includes Sunday Sales) The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/2/09) (Includes Sunday Sales) Joan's 9'er, 929 West 5th Street (Renewal) (Expires 11/30/09) (Includes Sunday Sales) Club 2000, 2000 West Hawthorne Avenue (Renewal) (Expires 12/5/09) (Includes Sunday Sales) Balken Grill, 926 LaPorte Road (Renewal) (Expires 11/21/09) (Includes Sunday Sales) Spicoli's, 3555 University Avenue (Renewal) (Expires 12/11/09) (Includes Sunday Sales) d. Liquor License Permit Application Class E Ali's West Side Liquor, 919 West Sunday Sales) XO Food & Liquor, 428 Franklin Sunday Sales) e. Wine License Permit Application Class B Ali's West Side Liquor, 919 West Sunday Sales) XO Food & Liquor, 428 Franklin Street (New) Sunday Sales) 5th Street (New) (Expires 11/30/09) (Includes Street (New) (Expires 12/1/09) (Includes 5th Street (New) (Expires 11/30/09) (Includes (Expires 12/1/09) (Includes f. Beer License Permit Application Class C Ali's West Side Liquor, 919 West Sunday Sales) XO Food & Liquor, 428 Franklin Sunday Sales) g. Outdoor Service Area Application Joan's 9'er, 929 West 5th Street Spicoli's, 3555 University Avenue 5th Street (New) (Expires 11/30/09) (Includes Street (New) (Expires 12/1/09) (Includes h. Recommendation of Police Chief to deny the following: Beer Liquor License Permit Application Class C Trucker Bar, 1915 Bourland Avenue (Renewal) (Expires 12/12/09) (Includes Sunday Sales) i. Bonds. Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS & BIDS 128249 - Getty/Cole that proof of publication of notice of public hearing on Purchase of Seven 2009 Ford Crown Victoria Police Interceptor, Squad Cars, as published in the Waterloo Courier on November 21, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 128250 - 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: Six. Absent: Greenwood. Motion carried. 128251 - Getty/Cole that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Seven 2009 Ford Crown Victoria Police Interceptor Squad Cars", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1070. 1 A • • December 8, 2008 Page 3 Hearings & Bids continued 128252 - Getty/Cole that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1071. 128253 - Getty/Cole to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Price Per Car Total Price (7) Witham Auto Center, Waterloo, IA $22,909.00 $160,363.00 Bill Colwell Ford, Hudson, IA $22,845.00 $159,915.00 Ed Stivers Ford, Waukee, IA $22,531.00 $157,717.00 Ayes: Six. Absent: Greenwood. Motion carried. 128254 - Getty/Hart that proof of publication of notice of public hearing on Waterloo Drop Site Recycling Collection and Disposal Program, as published in the Waterloo Courier on November 19, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 128255 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Welper stated that the past couple of weeks he has been looking at some of the problems associated with the city's recycling program. Councilperson Welper explained a picture of the city's recycling site at the Chamberlain site and noted that this is not happening just at Chamberlain, but we are also seeing it at 4th & Allen, and he is hearing reports that it is also happening at Kimball Ridge Shopping Center and locked dumpsters. People are using these areas to dump their unwanted items. Councilperson Welper explained that illegal dumping are the items that Goodwill Industries and St. Vincent DePaul find outside their fences when they come to work in the morning or after a weekend. Legal dumping are items that people have found a way to get rid of them by unloading them on these two organizations. The items have no value, and the organizations are forced to send them to the landfill, which costs them a great deal of money that could be used towards the services they provide. The city is spending in excess of $800.00 per month to clean up the illegal dumping that is taking place right now. The question is what do we want to look like in the future. Councilperson Welper explained a picture of the transfer station located in Cedar Falls. Cedar Falls has a transfer station and a recycling program that they have been operating for over 30 years. Councilperson Welper stated that the city has been talking about it for years and have simply not been able to get it off the ground. There are regulations coming our way. We are not certain when they are going to come but they are coming. For example e - waste, what are we going to be doing with our cell phones, television sets and our computers as we are going to have to find a way of disposing of these things. Right now, we are just sending them to our landfill. Right now our citizens flush Old prescription drugs down the sewer system letting them go into our rivers, and we know we can't do this much longer. Also, our normal household hazardous waste products, disposing of them. Councilperson Welper stated he thinks its time that we all start thinking green, not just for our environment but also for the pockets of• the citizens of Waterloo. Part of the reason creating a transfer station is so important is looking at our daily operations of how we are dealing with our garbage system. Right now we have five trucks that pick up garbage, and those five trucks travel to our landfill twice a day. The estimates show that we are spending $500.00 a day in fuel driving those five trucks to the landfill and back. The city is spending another $200.00 a day in travel time. Time that our employees are simply riding to and from the landfill. We can reduce this is by having a transfer station where these five trucks can unload their collection at the transfer station and never leave the city limits. The loads 'would be compressed to be taken out in just one large truck or a couple trucks depending on whatever program we would put together, the capacity of the truck that we would purchase. Councilperson Welper stated he feels there is a definite savings for the city. December 8, 2008 Page 4 Hearings & Bids continued Councilperson Welper stated that during windy or inclement weather our landfill shuts down. When the landfill shuts down, the collection of garbage in the city is shut down. Councilperson Welper stated he feels if the city had a transfer station they could unload their loads and continue to operate. Councilperson Welper stated that the city is spending $2,000.00 on dumping fees each weekend that we hold neighborhood cleanups, and that does not take into account all the city employees who work during these weekends. The neighborhood cleanups are held once each year in each neighborhood, and if a citizen misses his/her day to get rid of their unwanted items, they have to wait for another year. If city were to build a transfer station they would have 365 days a year to dispose of their unwanted items. David Boyd, CEO of Goodwill Industries., stated that a few weeks ago Councilperson Welper stopped in his office to ask about his support of a transfer system or whatever that mechanism may be. Mr. Boyd stated that we have a very caring community as far as donations. The people who donate to Goodwill are donating usable material that Goodwill can resell and support its mission through their retail stores. However, from time to time they have a few folks who don't necessarily follow the guidelines, and Goodwill experiences legal or illegal dumping on their properties. Mr. Boyd stated that as landfills get more restrictive, they are charged an excess fee, and they have to pay for tires, car batteries, paint, all the things that are restricted at landfills. Mr. Boyd reported that so far in calendar year 2008 just in Black Hawk County, they will spend about $56,000.00 getting rid of material that they can't use. Mr. Boyd stated if Goodwill can lend its support for a place where the public could take their items as opposed to Goodwill's docks or sitting by their fences, they are willing to do that. Pat Rouso, St. Vincent DePaul, stated that many of the things that Mr. Boyd pointed out exists for St. Vincent DePaul. St. Vincent DePaul spends a lot of time sorting materials so they can give them away to low-income families and those impacted by the flooding here in Black Hawk County. In situations where St. Vincent DePaul does not have supervision at their facilities, particularly after hours, folks will drop items off. Mr. Rouso stated he believes some of those folks are truly well intentioned and they really would like to have them help others with the items they provide. However, folks take advantage of when there is not constant supervision of those facilities and use it as a way to dispose of items they really don't need or intend for them to be used for St. Vincent DePaul or Goodwill's purposes. This has been an ongoing problem and has been since Mr. Rouso started 28 years ago with St. Vincent DePaul. Mr. Rouso stated that the folks at St. Vincent DePaul are supportive of whatever mechanism that could be put in place at the new center. While they are supportive, they want to still be in a position to maintain their services to low-income clients, and Mr. Rouso thinks they can work cooperatively with the city in furthering efforts of a center and also doing the work of St. Vincent DePaul, Goodwill Industries, Salvation Army and others. St. Vincent DePaul is very supportive in the efforts the city s going to be making in the near future. They believe that St. Vincent De Paul and Goodwill Industries invented recycling, and they would like to be on board in helping to further that cause in turning the city a little more green. David Boyd stated that it is Goodwill's intent to enter into a national agreement with Dell Computers about the middle of January next year where they will be soliciting computers, monitors, hard drives, the mouse, keyboard, etc. Dell will be picking it up from them and shipping it to a third party. Dell will pay Goodwill Industries about 11 cents per pound, and that might be an avenue for the city to piggyback with them. Chris Harshbarger stated he was asked earlier today on behalf of Goodwill Industries and St. Vincent DePaul toy` support Councilperson Welper's suggestion that the city take another look at its recycling efforts, a transfer station, educating the public on reuse, reduction and recycling activities. Mr. Harshbarger stated his company has been working with St. Vincent DePaul, Goodwill Industries, the City of Cedar Falls and with other agencies for many months. They suggested the Chamberlain site because it is on the north side of the city and it is adjacent to the 63 corridor. When Bremer County's landfill was closed because of increasing restrictions on what could be placed in a landfill, it is obvious that more and more dump sites are also going to be forced to close. It is incumbent on a city the size of Waterloo to begin to look at how to create a revenue positive, recycling reclamation and refuse program that will allow both the citizens of our city as well as our surrounding Cedar Valley neighbors to efficiently dispose of undesired goods. In some cities to the east and west of Waterloo on the far coast, there are actually people stealing from the recycling and transfer stations. • • • • December 8, 2008 Page 5 Hearings & Bids continued The price of recycle goods is climbing. The opportunity for revenue is huge, and in this difficult economy, there are job opportunities associated with this that can be tied to grant revenues, that can be tied to prisoner reentry, that can be coordinated with an entity like Goodwill Industries of Northeast Iowa to create jobs for people with disabilities. A recycling facility has to have personnel there, it has to be gated, and it has to be carefully monitored or you will be a dump site in the city. Being able to separate the glass, the tin, the plastic, the cardboard and the paper, being able to handle white goods and reclaim those items that are a part of :a refrigerator or stove needs to be done by personnel. Mr. Harshbarger stated this is a much larger project, more complicated and certainly should be coordinated with others who know how to do it. Mr. Harshbarger urged the city council that if they support Councilperson Welper's measure that they embrace the idea of a collaborative project. Mr. Harshbarger stated his company currently has a public education project on hold with the City of Cedar Falls. Cedar Falls Council has reviewed it in committee and it certainly could be expanded to include an educational program for the entire Cedar Valley, and if that were the wishes of this council, that would be less expensive for all parties concerned and more productive toward reaching this goal. Larry Smith, Superintendent of Waste Management Services, stated that they think it would have the possibility of reducing roadside dumps. It may not solve the problems that St. Vincent DePaul and Goodwill are having, but it will help. Mr. Smith stated that they think that it would {le a positive thing for the citizens of Waterloo to give them access to a site seven days a weeks rather than the landfill where you have 5% days a week. It would be more time that a citizens would have to be able to do something on Saturday or Sunday rather than do it by 5:00 p.m. Monday thru Friday or by noon on Saturday. Councilperson Welper stated this project has been put on hold numerous times because the city simply has not been able to afford it. Looking at the possibility that there may be state and federal grants available should we choose to make Waterloo the site for hazardous waste for Black Hawk County. Hopefully, the Solid Waste Commission may be interested in putting some money into this project. Councilperson Welper asked Michelle Weidner, Chief Financial Officer, how is our timing in regards to making this project happen this time. Michelle Weidner, Chief Financial Officer, stated that the city has dedicated some distributions from the Black Hawk Solid Waste Commission to constructing the Vision Iowa projects. We are well into that process and should be able to be done with that funding in a few years, so there is a possibility that funding would be available. It's possible this would require some kind of rate increase to our citizens, but the city is certainly in a better position today than we were five years ago. We have our sanitation trucks on a replacement plan cycle now and are dealing with some of the issues that we have had in the past few years. Councilperson Welper stated he is asking council tonight for some feedback in regard to Waste Management entering into a contract for a feasibility study if this project could move forward. Councilperson Cole asked if a source of revenue to pay for a study has been identified. Councilperson Welper responded not yet. Councilperson Cole stated her suggestion would be that we look around and go through everybody's desk drawers and try to find where we can come up with what she assumes would be $30,000.00 to $50,000.00 because that seems to be what every study costs. Bob Bamsey, Project Manager for AECOM, stated that this issue has been around numerous times in the past. What AECOM proposed was convening a series of meetings with Waste Management staff, city staff, and council representation to get our arms around what is it that we really want to include in this transfer station. The physical part of saying we want to bring the collectors to a point, put them in a bigger truck and take them to a landfill, what to do with the yard waste, what to do with recycling and at what level. Mr. Bamsey stated his proposal would cost about $10,000.00 to $12,000.00 to convene a series of meetings, compile the information, put it together, bring the cost up to date and then the city would know what it is they really want to do. The other thing that is important is the site, where does the city want to put the station. We have looked at numerous sites in the 'past, but keep in mind that wherever we put the transfer station, we are going to'hdve loaded garbage trucks coming to it so we need a pretty good transportation system to support it. December 8, 2008 Page 6 Hearings & Bids continued You probably wouldn't want to put it in the heart of a residential area because you are going to have loaded garbage trucks coming to it two or three times a day. Those are the type of things that he thinks this committee needs to talk about and decide before we move on to the real hard design part. Mayor Hurley stated his guess is that we are looking at the Waste Management budget and potential other sources. Mayor Hurley stated he feels $10,000.00 to $12,000.00 is doable for a feasibility study. Forrest Dillavou, 1725 Huntington Road, stated he has been to the landfill with a dump trailer. There is no place at the landfill to dump a dump trailer, you have to take it out to the pit. Seeing our garbage trucks back through 3 to 3 feet of mud and having a mechanical aptitude; he feels it has to be terrible for our garbage trucks to back in there and'dump two times a day with all the mud, muck and water. Mr. Dillavou stated he went to the Cedar Falls transfer station during the flood. His son had to clean up a house and haul things, and they took it to the drop off site in Cedar Falls. They have a nice place to back in a trailer and dump it, it was very convenient and they waived the fees because it was flood related. Its one of the cleanest places of its kind, and if the City of Waterloo had something, he is sure that we would have some people who would really appreciate it and use it. Mr. Dillavou stated he called a member of the Solid Waste Landfill Commission and asked about a place to dump trailers, and they never called him back and its been about three months. Councilperson Steve Schmitt complimented Councilperson Welper on the time and effort he put into this. Councilperson Steve Schmitt stated usually every Saturday morning he goes to the neighborhood recycling center and throws out his cardboard and plastic. Councilperson Steve Schmitt noted Dubuque and a number of other cities pick up recyclable item, and they have various containers out in front of each home, and he asked if that would be part of this study. If we are going to look at this as a futuristic green situation, which he is in favor, it would seem that we should check out all of the options rather than just look at a transfer station. Mayor Hurley asked if Councilperson Steve Schmitt was asking about curbside recycling, and Mr. Schmitt responded he feels we should look at all the options not just a transfer station. Mayor Hurley stated he did not know why we couldn't, but he doesn't think its anybody's intention that the current recycling locations would go away. There may be the possibility in the future if a transfer station was extremely successful that they might be reduced. Curbside recycle is something that we could put into a feasibility study. Mayor Hurley noted that the city tried that once a decade or so ago, and he thinks with our recycling centers we have a program that is equal or better in some people's minds than curbside. Councilperson Getty stated that over the years we have talked many times about a recycle place, a drop-off site, and he thinks it would be feasible to take a look at it. Getty/Cole that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 128256 - Getty/Hart that "Resolution confirming approval of Request for Proposal document, contract, etc. in conjunction with Waterloo Drop Site Recycling Collection and Disposal Program", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1072. 128257 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1073. • • • • December 8, 2008 Page 7 Hearings & Bids continued 128258 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Waste Management Services for review: Per Ton Bidder Bid Amount Denver Construction, Inc., Denver, IA $54.26 Black Hawk Waste Disposal, Waterloo, IA $49.66 Waste Mgm. of Iowa $127.50 Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 128259 - Steve Schmitt/Welper that proof of publication of notice of public hearing on request of Roosevelt Roby on behalf of Contemporary Urban Development for a development agreement to sell and convey a 50 x 139 or 4,720 sq. ft. city -owned lot generally located at 132 Sumner Street for $3,600.00, a8' published in the Waterloo Courier on November 21, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 128260 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 128261 - Steve Schmitt/Welper that "Resolution approving said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1074. 128262 - Steve Schmitt/Welper that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval ftp Mayor assigned No. 2008-1075. UNFINISHED BUSINESS 128263 Hart/Cole that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $345,048.00 to Truck Country of Cedar Rapids, Iowa in conjunction with Purchase of One 2009 Combination Jet and Vacuum Truck, 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. 2008-1076. 128264 - Hart/Cole that communication from Superintendent of Waste Management Services transmitting recommendation of award of contract in the amount of $314,823.00 to Prairie Construction Co., Inc. in conjunction with Storage Building for Water Pollution Control Facility, 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. 2008-1077. December 8, 2008 Page 8 REPORTS 128265 - Hart/Cole that communication from Waterloo Water Works General Manager transmitting Calendar Year 2009 Budget, be received, placed on file and "Resolution approving said Calendar Year 2009 Budget", be adopted and City Clerk instructed to file same with the Black Hawk County Auditor. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1078. DOCUMENTS 128266 Hart/Cole that communication from Assistant City Engineer transmitting Change Order No. 1 for a net decrease of $6,342.75 for work' performed by Bentley Construction, Inc. of Waterloo, Iowa in conjunction with F.Y. 2009 Sidewalk Repair Assessment Program - Zone 8, Contract No. 746, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. 128267 Hart/Cole that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Bentley Construction, Inc. of Waterloo, Iowa at a total cost of $29,143.70 in conjunction with F.Y. 2009 Sidewalk Repair Assessment Program - Zone 8, Contract No. 746, be received, placed on file and "Resolution approving said documents", be adopted and two- year Maintenance Bond be received and placed on file. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1079. 128268 Getty/Cole that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Schmitt Telecom Partners, Inc., 722 Water Street, for $14,521.75, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Abstain: Steve Schmitt because he is'Ewner 'af the business. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1080. 128269 - Getty/Cole that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with A & S Petroleum, Inc., 127 Jefferson Street, for $25,000.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1081. 128270 Getty/Cole that communication from Community Planning & Development Director transmitting agreement with Iowa Department of Economic Development for Housing Enterprise Zone Program for Whitman Point for construction of a 53 -unit senior assisted living facility for the frail elderly within a new Enterprise zone site, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval'byMayor assigned No. 2008-1082. 128271 - Getty/Cole that communication from Planner II transmitting request of JP Lawless for tax exemptions on improvements totaling $24,178.00 for property located at 2002 Ashland Avenue located in the Consolidated Urban Revitalization Area, 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. 4 Resolution adopted and upon approval by Mayor assigned No. 2008-1083. • • • • December 8, 2008 Page 9 Documents continued 128272 - Cole/Getty that communication from Planner II transmitting request of the Waterloo Housing Authority for tax exemptions on improvements totaling $115,000.00 for property located at 935 Oneida Street located:,'.in• the Consolidated Urban Revitalization Area, 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. 2008-1084. 128273 - Cole/Getty that communication from Planner II transmitting request of the Waterloo Housing Authority for tax exemptions on improvements totaling $115,000.00 for property located at 923 Oneida Street located in the Consolidated Urban Revitalization Area, 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. 2008-1085. 128274 - Cole/Getty that communication from Planner II transmitting request of the Waterloo Housing Authority for tax exemptions on improvements totaling $115,000.00 for property located at 313 Monroe Street located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to''ncstifylack Hawk County Assessor of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1086. 128275 - Cole/Getty that communication from Planner II transmitting request of the Waterloo Housing Authority for tax exemptions on improvements totaling $115,000.00 for property located at 319 Monroe Street located in the Consolidated Urban Revitalization Area, 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. 2008-1087. 128276 - Reggie Schmitt/Steve Schmitt that communication from Police Chief transmitting Memorandum of Understanding with the Adjutant General of Iowa, Department of Public Defense and the Tri - County Drug Enforcement Task Force which sets policies, procedures and guidelines for the Iowa National Guard in support of the Tri -County Drug Enforcement Task Force, be received, placed on file and "Resolution approving said Memorandum of Understanding",be* :adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood.'' Resolution adopted and upon approval by Mayor assigned No. 2008-1088. 128277 - Reggie Schmitt/Steve Schmitt that communication from Police Chief transmitting application with the Black Hawk County Gaming Association for grant in the amount of $10,000.00 for the Cops 'n Kids Literacy Program, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1089. December 8, 2008 Page 10 Documents continued 128278 - Reggie Schmitt/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting agreement with City of Raymond to provide building inspections and code enforcement, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1090. 128279 Reggie Schmitt/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting agreement with City of Raymond to provide electrical licensing and inspections, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1091. 128280 - Welper/Reggie Schmitt that communication from Fire Chief transmitting agreement with Black Hawk County Gaming Association for funding in the amount of $25,000.00 to be used for purchase of a rescue boat, 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. Councilperson Steve Schmitt stated he thought that Fire Departments' use for rescue boats were kind of along the lines of a flat bottom fishing boat, and $25,000.00 just seemed like an extraordinary amount so he is assuming there must be some additional equipment. Doug Carter, Fire Chief, stated that there is $25,000.00 in bond money and this grant will double it to $50,000.00. The Fire Department is looking at a total upgrade because what they have now are two relatively small, 12 foot shallow john boats. The Fire Department wants to keep the best of the two and renovate it and it has a 25 horse motor on it. This past spring with the number of people they would have in it and being underpowered there were times it was very close to being swept away. The DNR had a much larger scale flat bottom john boat, approximately 16-18 foot long, 8 foot wide and a very stable deep platform with an 80 horse outboard on it that was jacked up to allow them in deep water or shallow water. That boat alone with the engine will probably take most of the $25,000.00. The third will be an inflatable Zodiac style boat for quick response that the Fire Department can get up over the levee systems. The Fire Department uses their boats year round and out on the ice, and the Zodiac will work very well for that. Currently, the Fire Department uses lightweight john boats, but its rough ice and it scrapes up the bottoms and wears them down very quickly. Chief Carter explained there is a considerable list of auxiliary equipment. 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. 2008-1092. 128281 - Welper/Reggie Schmitt that communication from City Planner transmitting Encroachment Agreement with Fernando Malias to allow an emergency exit door at 728 Commercial Street to encroach approximately 35" into a public alley, be received, placed on file and "Resolution approving said agreement be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six.- Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1093. • • December 8, 2008 Documents continued Page 11 128282 Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting Partial Acquisition Contract and Temporary Easement with P and L Enterprises, Inc., Kim F. Pleggenkuhle and Randall C. Lutz, at a total cost of $20,874.54, plus $1,500.00 closing costs, for property generally located at the former Bowl - In site in conjunction with Highway. 63 Corridor Improvements, 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. 2008-1094. RESOLUTIONS TO BE ADOPTED 128283 Welper/Reggie Schmitt that communication from City Planner transmitting permanent easement agreement with Sylva Feuerhelm dedicating a portion of property located at 136 West Donald Street for easement purposes in conjunction with West Donald Street Recreational Trail, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1095. ORDINANCES TO BE ADOPTED 128284 Steve Schmitt/Reggie Schmitt that "an Ordinance amending the`'"`e`xparision of the Consolidated Urban Revitalization Area (CURA) to include dommercial areas along LaPorte Road/Hwy 218, and along University Avenue/Ansborough Avenue, an area south of Northgate Addition, a part of Section 14 Township 89 Range 13 and the Cedar River", be adopted. Ayes: Five. Nays: Hart. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4933. NEW BUSINESS 128285 Steve Schmitt/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $3,669.00 for work performed by the Water Works at 130 Mohawk Street, together with recommendation of approval of Board of Trustees of Waterloo Water Works, 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. 2008-1096. 128286 Steve Schmitt/Reggie Schmitt that communication from General Manager of. Waterloo Water Works transmitting request to certify the amount of $1;555:;00 for work performed by the Water Works at 715 Cottage Street, together with recommendation of approval of Board of Trustees of Waterloo Water Works, 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. 2008-1097. 128287 Steve Schmitt/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,450.00 for work performed by the Water Works at 1026 Lafayette Street, together with recommendation of approval of Board of Trustees of Waterloo Water Works, 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. 2008-1098. December 8, 2008 New Business continued Page 12 128288 - Steve Schmitt/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,450.00 for work performed by the Water Works at 224 Hammond Avenue, together with recommendation of approval of Board of Trustees of Waterloo Water Works, 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. 2008-1099. 128289 - Getty/Hart to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with Purchase of One Tennant S30 Sweeper, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 128290 - Getty/Reggie Schmitt that specifications, bid document, etc. in conjunction with Tennant S30 Sweeper, be received and placed on file. Ayes: Greenwood. Motion carried. Purchase of One Six. Absent: 128291 - Getty/Reggie Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1100. 128292 - Getty/Reggie Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. as December 22, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1101. 128293 - Getty/Hart to instruct Superintendent of document, etc. in conjunction Axle Dump Truck With 12 -Foot Ayes: Six. Absent: Greenwood 128294 - Getty/Reggie Schmitt Central Garage to prepare specifications, bid with Purchase of One Current Model Year, Single Box, be received, placed on file and approved. . Motion carried. that specifications, bid document, etc. in conjunction with Purchase of One Current Model Year, Single Axle Dump Truck With 12 -Foot Box, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 128295 - Getty/Reggie Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1102. 128296 Getty/Reggie Schmitt 4 that "Resolution setting date of hearing on specifications, bid document, etc. as December 22, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1103. • • • • December 8, 2008 Page 13 New Business continued 128297 - Reggie Schmitt/Cole that "Resolution approving abandonment schedule in conjunction with F.Y. 2009 Sidewalk Repair Assessment Program - Zone 8, Contract No. 746", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1104. 128298 - Reggie Schmitt/Welper that "Resolution adopting and levying final schedule of assessments and providing for payment thereof in conjunction with F.Y. 2009 Sidewalk Repair Assessment Program - Zone 8, Contract No. 746 ", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-1105. ORAL PRESENTATIONS 128299 Samantha Thompson, 185 4th Street, spoke on behalf of Truckers Bar on Bourland Avenue. The council made a motion deny renewal of their license, and they are trying to figure out what they can do to reverse that decision. Mayor Hurley stated that the owners of Truckers Bar can appeal the denial to Iowa Alcoholic Beverages Division or they can convince at least two council members who voted to support the denial to reconsider the motion at the next regularly scheduled council meeting. Ms. Thompson commented on behalf of Truckers Bar, that they were under the impression that they were not having many problems at all, but they were told when they went to the interview withthe Police Chief that there had been complaints on multiple occasions. Ms. Thompson stated to their knowledge, they don't have any police reports or police coming into the bar as far as getting calls for noise complaints, fighting or loud music outside the bar, and they are trying to understand where those were coming from. Ms. Thompson stated they want to apologize to the neighbors and try to work with them to see if maybe they would reconsider their opinions of the bar. They want to keep the bar where its okay to have the business that they have and not interrupt or inconvenience anybody else in the neighborhood or neighbors around them. Ms. Thompson stated they are trying to Apologize to them and maybe go around to neighbors and ask them what their opinions would be to make the bar better for them. Ms. Thompson stated they did have karaoke and they had the complaints about it and removed it because they did not want to disturb any of the neighbors any longer. Ms. Thompson stated that the break-in is the only other time they know of the police coming there when they were robbed. Mayor Hurley stated the action has been taken and the license has been denied. Mayor Hurley stated Truckers Bar can appeal to the State, who issues the licenses, or get two of the six members or a majority of these six members to bring this back up next week on the agenda. Tom Jennings, Police Chief, reported they have had 68 calls for service at this location in the past 12 months. The Police Department met with the owners three different times trying to work with them. The violations were for liquor violations, disorderly conduct, serving intoxicated, assaults and noise. Chief Jennings stated the Police Department met with the owners three separate times, and he doesn't know how they can say they didn't know what was going on. The Police Department visited with them and their attorney. Councilperson Cole stated that for two summers she probably received ten phone calls complaining about the noise, public urination, you name it, and she relayed those complaints to Chief Jennings. Councilperson Steve Schmitt stated hey received a number of the same calls. Councilperson Steve Schmitt stated he thinks part of the problem is that building originally was a beauty supply house, hardware store or Laundromat. Its right on the edge of a residential neighborhood. There is another bar further down the street, but we have had no complaints about it. Councilperson Steve Schmitt stated he thinks its a combination of a bad location, but he also thinks there is a lack of management. Councilperson Steve Schmitt stated he doesn't think the folks in that neighborhood should have to deal with that. December 8, 2008 Page 14 Oral Presentations continued Jim Walsh, City Attorney, stated the owners do have the right to appeal the denial to the State of Iowa. Unfortunately given the expiration date, they are going to be closed before that process:could be completed. Mr. Walsh stated the council could reconsider and put it back on the agenda next week. Members of the council who voted to go along with what happened today can move to reconsider and have the application back on next week's agenda. Mayor Hurley asked how is Councilperson Greenwood considered with this action. Nancy Eckert, City Clerk, stated that Councilperson Greenwood could make a motion to reconsider, but one of the council members present tonight would have to second the motion to reconsider. Getty/Reggie Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 128300 - Reggie Schmitt/Steve Schmitt that the council adjourn to Executive Session at 6:39 p.m. Ayes: Six. Absent: Greenwood. Motion carried. City Attorney Jim Walsh stated that discussion of Labor negotiation strategy is an approved topic of Executive Session pursuant to Iowa Code Section 20.17(3)(2007). E X E C U T I' V E' SESSION 128301 - Reggie Schmitt/Cole that the council adjourn Executive Session at 7:29 p.m. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 128302 - Reggie Schmitt/Welper that the Council adjourn at 7:29 p.m. Ayes: Six. Absent: Greenwood. Motion carried. 4 Nancy ckert, CMC City Clerk •