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HomeMy WebLinkAboutMinutes-02/04/2008• • February 4, 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, February 4, 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: Councilperson Quentin Hart. 126545 - Reggie Schmitt/Greenwood that the Agenda, as amended, for the Regular Session on Monday, February 4, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 126546 - Reggie Schmitt/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, January 28, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 126547 - Reggie Schmitt/Greenwood that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, pp. 1-66, dated February 4, 2008, in the amount of $2,973,543.96, 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. 2008-77. b. Motion to approve the following: 1. Communication from Director of Cultural & Arts Commission transmitting appointment of Brandon Cannon to the position of Custodian, effective February 5, 2008. 2. Shawn Monroe and Brice Lippert, Police Officers, to attend Basic and Advanced Interview and Interrogation Seminar in Sioux City, Iowa on February 3-8, 2008, with costs not to exceed $330.00, including use of city vehicle. 3. Rich Carter and Al Carrier, Police Lieutenants, to attend Performance Improvement Program in Mason City, Iowa on February 6, 2008, with costs not to exceed $381.00, including use of city vehicle. 4. Lou Ball, Firefighter, to attend Southeastern Fire and Life Safety Educator's Conference in Myrtle Beach, South Carolina on April 19-25, 2008, with costs not to exceed $1,564.00. 5. Craig Clark, Permit Writing Specialist, to attend Blue Prince User Conference 2008 in Asheville, North Carolina on March 30 -April 2, 2008, with costs not to exceed $1,235.00. 6. Becky Dekruiff, Police Officer; and Melissa Ludwig, Police Sergeant; to attend Iowa Association of Women Police Spring Training Conference in Dubuque, Iowa on March 24-26, 2008, with costs not to exceed $396.00, including use of city vehicle. 7 Brad Walter and Chris Gergen, Police Officers, to attend Defensive Tactics Instructor School in Johnston, Iowa on March 5, 2008, with costs not to exceed $232.00, including use of city vehicle. 8. Greg Fangman, Police Sergeant; and Al Bovy, Police Officer; to attend K-9 Drug Detection Enhancement Course in Camp Dodge, Iowa on April 20-25, 2008, with costs not to exceed $400.00, including use of city vehicle. February 4, 2008 Page 2 Consent Agenda continued 9. Communication from Mayor Hurley transmitting recommendation of reappointment of the following to the Memorial Hall Commission: Don Ticknor, with term expiration date of December 1, 2009, Phil Thomas with term expiration date of December 1, 2010, and Dennis Garthoff with term expiration date of December 1, 2010 with Chuck Howelett appointed as the alternate. 10. Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Bruce Mask to the position of Waste Service Technician, effective February 5, 2008. c. Liquor License Permit Application Class A Knights of Pythias - Furgerson Lodge #5, 244 Ash Street (Renewal) (Expires 3/8/09) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Amalgamated Local 838 UAW, 2615 Washington (Renewal) (Expires 2/28/09) (Includes Sunday Sales) The Other Place, 360 E. Ridgeway Avenue (New) (Expires 1/26/09) (Includes Sunday Sales) e. Liquor License Permit Application Class E Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/09) (Includes Sunday Sales) f. Wine License Permit Application Class B Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/09) (Includes Sunday Sales) g. Beer License Permit Application Class C Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/09) (Includes Sunday Sales) The Pit Stop, 1459 Ansborough Avenue (Renewal) (Expires 2/3/09) (Includes Sunday Sales) Ayes: Seven. Motion carried. HEARINGS & BIDS 126548 Getty/Steve Schmitt that proof of publication of notice of public hearing on Purchase of Two 16 Ft. Landpride Mowers, as published in the Waterloo Courier on January 28, 2008, be received and placed on file. Ayes: Seven. Motion carried. 126549 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Paul Huting, Leisure Services Director, explained that the Landpride mowers are not John Deere products, but they are sold through a John Deere dealer. Getty/Steve Schmitt that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 126550 - Getty/Steve Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Two 16 Ft. Landpride Mowers", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-78. 126551 - Getty/Steve Schmitt that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-79. • 1 February 4, 2008 • • Page 3 Hearings & Bids continued 126552 - Getty/Steve Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Waverly Implement, Waverly, IA $26,825.00 Waterloo Implement, Waterloo, IA $26,264.00 Ayes: Seven. Motion carried. 126553 Welper/Reggie Schmitt that proof of publication of notice of public hearing on Purchase of Two John Deere 1565 Commercial Front Mowers With Attachments, as published in the Waterloo Courier on January 28, 2008, be received and placed on file. Ayes: Seven. Motion carried. 126554 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Reggie Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 126555 Welper/Reggie Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Two John Deere 1565 Commercial Front Mowers With Attachments", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-80. 126556 - Welper/Reggie Schmitt that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-81. 126557 - Welper/Reggie Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Waverly Implement, Waverly, IA $54,850.00 Waterloo Implement, Waterloo, IA $54,400.00 Ayes: Seven. Motion carried. 126558 Steve Schmitt/Welper that proof of publication of notice of public hearing on Purchase of One 34 Ton 4x4 Flatbed With Salt -Sander and Snowplow, as published in the Waterloo Courier on January 18, 2008, be received and placed on file. Ayes: Seven. Motion carried. 126559 - 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: Seven. Motion carried. February 4, 2008 Hearings & Bids continued Page 4 126560 - Steve Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One % Ton 4x4 Flatbed With Salt -Sander and Snowplow", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-82. 126561 Steve Schmitt/Welper that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-83. 126562 Steve Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Bid Amount Bill Colwell Ford, Hudson, IA $38,146.00 Witham Auto Center, Waterloo, IA $31,702.00 Ayes: Seven. Motion carried. 126563 - Hart/Welper that proof of publication of notice of public hearing on Maintenance of City Telephone Equipment and Voice Mail System, as published in the Waterloo Courier on January 28, 2008, be received and placed on file. Ayes: Six. Abstain: Steve Schmitt as he owns Schmitt Telecom. Motion carried. 126564 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mayor Hurley explained that the city has a unique situation whereby a vendor who provides services to the city was elected to the city council. We wanted to continue to be above board about things and be fully accountable to the taxpayers, so we went out for bids. Nancy Eckert, City Clerk, explained that Councilperson Schmitt will continue to have to abstain on bills paid to his firm. We have received one bid, so obviously Councilperson Schmitt is going to be the low bidder. The reason we requested bids is there is a state code that says if an elected official provides more than $1,200.00 in service per year, than we need to bid out those services. We requested bids on a four-year contract. Hart/Welper that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Abstain: Steve Schmitt as he owns Schmitt Telecom. Motion carried. 126565 - Hart/Welper to receive, file and instruct City Clerk to open and read bids and refer to City Clerk for review: Bidder Labor Costs Per Hour Schmitt Telecom Partners, Inc., Waterloo, IA $90.00 Ayes: Six. Abstain: Steve Schmitt as he owns Schmitt Telecom. Motion carried. • 1 • • February 4, 2008 HEARINGS Page 5 126566 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on Waterloo Historic Preservation Plan 2008, as published in the Waterloo Courier on January 28, 2008, be received and placed on file. Ayes: Seven. Motion carried. 126567 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mayor Hurley noted that council held a work session earlier this afternoon on the Waterloo Historic Preservation Plan. Ann Olsson, 1972 Newell Street and Chairman of the Historic Preservation Commission commented when Thomason presented this plan, the commission was thrilled to receive his ideas. He came two different times with several people, he listened to all the commission's ideas, all the ideas presented by the public, and he came back with a plan that had many new ideas and broad avenues to pursue so that we could achieve our goal of preserving history. Ms. Olsson explained that some of the ideas were very grand, and right now she considers that the commission is kind of taking baby steps to get there. Some of the suggestions they will try to follow now, some of them are long term, some of them the city may never get to. Some of the ideas that the commission is really excited about right now are the preservation overlays, which is a way to preserve all of our historic buildings and neighborhoods. The Thomason Company said we had an embarrassment of riches because we have so many historic buildings in this city, and conservation overlays would help us protect a lot of these areas without being as restrictive as the historic districts we have now. It would help encourage more people to preserve their areas. The plan also gives many ideas for working in synergy with Waterloo Main Street to preserve and revitalize the downtown area and to align our historic preservation efforts to save historic character with the goals of the city for economic development. A lot of Mr. Thomason's ideas were to do things that would help with economic development. Ms. Olsson stated that the commission is really pleased with this plan, and they strongly urge the city council to approve it. Matt Boyd, 1422 Vine Street and President of the Highland Neighborhood Association, commented that his neighborhood, Highland, stands as evidence of the benefits of historic preservation and has survived very intact because of historic preservation. Mr. Boyd supports this plan and urged the council to support this plan. Greenwood/Steve Schmitt that the hearing be closed and recommendation of approval of Waterloo Historic Preservation Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 126568 - Greenwood/Steve Schmitt that "Resolution adopting said plan", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood noted there are a number of action plans, ideas, and funding ideas such as a revolving loan program, a Main Street loan program, small business loan programs, etc. in the plan. Councilperson Greenwood asked if council approves this plan, are they approving all of the tenets of this document or is it a suggestion that we look at to try to get these type of funds. Don Temeyer, Community Planning & Development Director, explained that the plan does not adopt an overlay district like Ann Olsson was talking about, but it does suggest the city consider one and where it should be. It is a list of ideas that the city should pursue to try to preserve more of its historic buildings and areas in the city. None of the ideas, such as a grant or a revolving loan program, will be established unless something comes back to the council and there is a source of money for it. None of it actually gets done until the individual pieces come back and are approved by whatever body would actually take them on. Councilperson Hart asked how many buildings are actually on the National Historic Register. Jim Walsh, City Attorney, stated that fire station #2 and there are three pending applications. February 4, 2008 Page 6 Hearings continued Councilperson Steve Schmitt commented that his understanding is that any of these recommendations or anything that might come up over a period of time would ultimately have to come back to city council for approval from a funding standpoint as far as city funds go. Mr. Temeyer responded as far as city funds go, but there may be some program through the federal government, like the investment tax credit, that would not require city council approval that the Historic Preservation could market and make sure people understand that they are eligible for if they are interested in historic preservation and want to save a house that qualifies and put it on the National Register. They would then have certain benefits that they can receive, which would not be from the city. Councilperson Reggie Schmitt commented that he appreciates the amount of time and effort that went into this report, but he has serious reservations about a lot of the recommended actions that are presented in this plan. It seems to him that the entire report is a very generic boiler plate with specific addresses from Waterloo, you don't fill in the blanks. A lot of the recommended actions are going to require a whole lot of refinement; for example, easing of the home occupation standards and going from 25 to 50 percent for office space. In most of the city's neighborhoods, there is no parking now and you are going to add a business to a residential home and change it to up to 50 percent. Urban homesteading is a great idea, but its private property reinvestment for resale or contractor investment for resale, and if you have seen the movie Money Pit that is what some of these homes really are. There are a lot of good ideas in the plan, but he does not think there is enough detail in any of the recommended actions to make him comfortable enough to support it. Councilperson Welper commented that he thinks there is a lot of good intent in the plan, but as usual it comes down to money and the willingness to preserve these buildings and properties. Councilperson Welper stated he thinks the council will address one at a time as each one comes before the council. Councilperson Hart commented that he has seen the impact that historic preservation has had on communities' downtown redevelopment and some of those neighborhoods because it gives us an opportunity to showcase the rich history that we have in Waterloo. Councilperson Hart asked when it comes to marketing and telling various community members how they can tap into some of these resources is there a strategic marketing plan or how will residents know that they can tap into this area. Ms. Olsson responded at this point the commission still needs to go through the actual Historic Preservation Ordinance in order to get the preservation overlay. These ideas are just suggestions of things the commission is asking the city council to support to show they support historic preservation. Ms. Olsson noted that she believes any of the concrete ideas, such as the preservation overlay, would have to go through the Historic Preservation Ordinance and be approved by the city council. Once it is approved through the ordinance, then the commission plans to visit neighborhood association, especially for the preservation overlay. Several other neighborhoods have expressed interest in being a district but are kind of afraid of what an actual district would be. The commission would contact various neighborhoods that were pointed out in this study or areas that are historic areas and address the neighbors that way. Ms. Olsson noted the commission's whole focus is to preserve historic areas and they can't do anything on their own. The commission will have to encourage these people and show them the benefits of preserving the historic building, so it yes there would be a marketing effort. James Walsh, City Attorney, commented that he understands the dilemma as council does not want to commit to spending a bunch of money or changing the ordinance, but they would like to express appreciation for the plan and adopt the broad general outline and themes of historic preservation. Mr. Walsh suggested that the motion be amended to adopt the general goals and outlines of the plan with the condition that any ordinance changes or city spending be subject to further review and approval by the city council. Greenwood/Steve Schmitt that the above motion to adopt said plan be amended to adopt the general goals and outlines of the plan with the condition that any ordinance changes or city spending be subject to further review and approval by the city council. Ayes: Seven. Motion carried. • • February 4, 2008 • • Page 7 Hearings continued 126569 - A vote was taken on the original motion with the amendment as follows: "that Resolution adopting the general goals and outlines of the plan with the condition that any ordinance changes or city spending be subject to further review and approval by the city council", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-84. UNFINISHED BUSINESS 126570 - Reggie Schmitt/Cole that communication from Superintendent of Waste Management Services transmitting recommendation of award of contract in the amount of $75,515.00 to Don's Truck Sales of Fairbank, Iowa in conjunction with Purchase of 2009 Heavy Duty Tandem Axle Truck With Dump Body, 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. 2008-85. REPORTS 126571 - Reggie Schmitt/Cole that communication from City Clerk transmitting request for authorization to publish 2007 salaries for city employees and officials, as required by law, be received, placed on file and approved. Ayes: Seven. Motion carried. DOCUMENTS 126572 Reggie Schmitt/Cole that communication from City Planner transmitting Change Order No. 1 for a net increase in the amount of $111,901.00 for work to be performed by D.W. Zinser Company of Walford, Iowa in conjunction with Phase I Demolition - Former Chamberlain Manufacturing Property, 550 Esther Street, Contract No. 741, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard Councilperson Hart asked if there is one coordinator for all of the Brownfield sites, one person to contact, or is that sporadic between various offices. Mayor Hurley responded it is pretty much the Planning office. Probably one of the experts in the state is Mr. Temeyer. Don Temeyer, Community Planning and Development, stated that it depends on what property a person is talking about because Brownfield is a name that has a perception of contamination. The Planning office is working on Rath, Chamberlain, and the CMC site. Louis Starks from Community Development is working with Planning on the demolition and asbestos removal of those, and something else might be referred to Louis Cutwright or Engineering, but either he or Chris Western would be able to refer someone to the right place. Mr. Temeyer explained that $385,000.00 was budgeted for the project, and the bid received on January 14, 2008 was $244,000.00, so this change order almost doubles the size of buildings to be removed as we demolishing number 13 and number 17. There is a significantly large building in the Chamberlain complex that has a collapsed roof that could catch fire. It would be dangerous if someone would be in there hurt or some of our firemen or policemen who are responding would be the ones who would be hurt by not removing this as soon as we can. We have a good bid, and they are willing to do more while they are on the site, so Planning is recommending that the council approve the change order. Mr. Temeyer explained that there are two sources of funds for this project. The city is using federal money, and we have an Iowa Brownfields grant of $150,000.00, and then the rest is city money for this phase. The city has more money coming from the federal government, this $350,000.00 was in the 08 bill and the city has applied for two grants, an EP grant and another Iowa Brownfields grant for this project to try to finish it up. Councilperson Hart commented that he received several calls about the process of beginning demolition and everyone is definitely glad and happy about the progress that is being made at Chamberlain. February 4, 2008 Page 8 Documents continued Mayor Hurley noted that Don Temeyer and his staff have been working hard for several years on these Brownfields sites. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 126573 Cole/Reggie Schmitt that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with Smoker's Choice, 210 West 8th Street, for selling tobacco, tobacco products or cigarettes to any person under 18 years of age, 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. 2008-86. 126574 - Cole/Reggie Schmitt that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with Hometown Foods, 2834 Ansborough Avenue, for selling tobacco, tobacco products or cigarettes to any person under 18 years of age, 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. 2008-87. 126575 - Cole/Reggie Schmitt that communication from Superintendent of Traffic Operations transmitting recommendation of final acceptance of work performed by KWS Electric in the total amount of $43,825.00 in conjunction with Hwy 63 and Parker Street Intersection (TRF -119), Contract No. 722, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-88. 126576 Cole/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting Release of Real Estate Mortgage with John A. Miller, 8217 Ansborough Avenue, for payment of Promissory Note and Mortgage for the Kimball South Rural Water Main Project, be received, placed on file and "Resolution approving said Release of Real Estate Mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-89. 126577 Cole/Reggie Schmitt that communication from Leisure Services Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments to prepare a Land and Water Conservation Fund (LAWCON) grant in the amount of $50,000.00 for development of Mark's Park near the Waterloo Center For The Arts, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-90. 126578 - Steve Schmitt/Welper that communication from Senior Planner transmitting request of Jerry & Charlene Vaala for tax exemptions on improvements totaling $96,400.00 for property located at 1220 Walker Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-91. • • February 4, 2008 • • Documents continued Page 9 126579 - Steve Schmitt/Welper that communication from City Planner transmitting agreement with Doug and Elaine Bruns to lease approximately 28 acres of land generally located at the southwest corner of Kimball Avenue and Highway 20 to be used for bailing hay, be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-92. 126580 Steve Schmitt/Welper that communication from City Planner transmitting Temporary Construction Easement with United Army Training Center for property generally located 1689 Burton Avenue in conjunction with the Donald Street Trail, be received, placed on file and "Resolution approving said temporary easement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-93. RESOLUTIONS TO BE ADOPTED 126581 - Steve Schmitt/Welper that communication from Police Chief transmitting request to use grants received from the Governor's Office of Drug Control Policy for Anti -Gang grant in the amount of $26,041.00 for salaries and $8,188.00 for overtime when police investigator is acting as Gang Coordinator and to use Project Safe Neighborhoods grant in the amount of $10,976.00 for overtime generated in cases involving weapons, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-94. ORAL PRESENTATIONS 126582 - James Robison, 1555 Newell Street, stated he has two issues to speak about tonight. Last summer he came before the council a couple of times about an issue of waste management cutting some grass at 121 Sumner Street. Since that time, he filed a complaint with HUD over the issue. Mr. Robison asked Mayor Hurley to appoint an independent person or body to oversee perhaps the wrong doings by that company. In terms with what they charge for cutting grass and the fact that whether that grass is actually exceeding what is defined as the 12 inch length that it needs to be. In addition, the report he received back from HUD stated either the secretary for the city or waste management made a call or that he called her and she informed him that he needed to get the grass cut by a certain time. Mr. Robison stated he does not recall calling the city on anything like that and he would like to know when she called. Mayor Hurley asked Mr. Robison if he appealed to HUD. Mr. Robison said yes and he is about to re -appeal because he has a lot of evidence. Mr. Robison stated he wants an independent person to review it here locally. The only people that he has to bring this issue before are the Mayor, Louis Cutwright and Waste Management which are all interrelated, and there would be a certain amount of pressure not to render a decision that would be disfavorable to the city. Mr. Robison stated he would like Mayor Hurley to select someone outside to look at this. Mr. Robison commented that he hears that a lot of people, especially on this side of town, who say that they have already cut their grass or they have already cleaned this up, and this company, or waste management which is a division of the City of Waterloo, has come out and is charging a lot of money for doing it when it was already done. Mr. Robison noted that 121 Sumner Street has been in his family since 1949. Its still part of his mother's unsettled estate. Mr. Robison said he knows how long it takes to cut that grass, and they rented it ever since with the exception of five or six people who have rented it over the years who are no longer in the area. Everybody who has ever rented that house who are still in this area will come forward and tell you how much time it would take to cut that grass. Mayor Hurley responded that the city is not going to appoint an independent review. The city has a process that is written up by ordinance, and it probably mirrors pretty much what any city would do. Mayor Hurley suggested that Mr. Robison get his own attorney. February 4, 2008 Page 10 Oral Presentations continued Mr. Robison stated that the city is placing them in a position of having to argue and have to spend money about someone coming and making accusations about his mother's estate who is no longer here. Mayor Hurley commented that we have been through it at this podium so we don't need to go through the whole case. Mr. Robison commented that he doesn't need the facts limited. Mr. Robison commented that the last time he came before the council, Mayor Hurley said he believed that they charge from the time they leave their place of business until the time that they get there and cut the grass and get back and according to their response they don't charge that kind of time. Mr. Robison stated he expects the mayor and council as leaders of this community to look into something and look at something objectively and let the facts lead them to a conclusion rather than what someone says. Mayor Hurley suggested Mr. Robison contact his ward councilperson and enlighten him on the case and his wishes because Mr. Robison was getting into some things that would require this whole body to act upon a new policy. Mayor Hurley asked Mr. Robison if number two was something about the City Clerk calling him. Mr. Robison responded either the City Clerk or city secretary, this is what was in the response from her. Mayor Hurley said he will check on what that says and if there is something we have marked or written down, he will respond to Mr. Robison. Mr. Robison stated the second issue is the issue of cars taken off of his mother's estate at 1555 Newell Street. Mr. Robison stated they need those items that belong to his mother's estate returned. Mr. Robison explained that his parents purchased that property in 1963 and during that time from Beech Street there was a dirt road, and there were absolutely no businesses out there, and that is well ahead of any ordinances in regard to cars. Any ordinance even enacted after that, which he believes was 1969, that says that property that is zoned as A-1 commercial you could engage in a recreational activity. Anybody up there will tell you everybody worked on cars, everybody salvaged cars and this, is what his father did at that time. Mayor Hurley asked Mr. Robison if he thinks those care were illegally removed, and Mr. Robison responded yes they were. Mayor Hurley stated that is within the legal realm and it won't be handled here. Mr. Robison stated this is an issue he told Louis Cutwright, and that Louis Cutwright was the contractor who rebuilt their front wall in 1993. Mr. Robison stated he does not have an issue with Mr. Cutwright, he has an issue with the whole thing. The ordinance says under special circumstances that the city would work with the property owner. Mr. Robison commented that if his mother's death, a house fire and everything in disarray do not constitute special circumstances what does. Mr. Robison stated they had to move from Sumner Street, then they moved to 1555 Newell Street, and during that time that was a restricted area in which no minorities, people of Japanese descent, Indian, persons of the African descent were even wanting to buy property until 1971. Mayor Hurley stated he will not be able to give Mr. Robison an answer but he will get with legal and code enforcement. Mr. Robison commented that Mr. Cutwright has been represented by the City Attorney who is his personal attorney, and he thinks there is a Mayor Hurley duly noted Mr. Robison's comment. tonight, Assistant conflict. David Meeks, Human Rights Director, suggested that Mr. Robison contact the state Ombudsman office, which is a neutral liaison between citizens and government as some of Mr. Robison's questions are probably more appropriate for discussion with them then the city council. Mr. Robison commented that nobody understands that they went through deaths and all this did was heighten their grief. Everyday when he goes home he looks at scars that were left in the yard. He looks at the film of officers laughing, and the city is placing them in the position of having to argue about assets that belong to his mother. Mr. Robison commented that as he said in the letter that he addressed to the City Attorney, the City Clerk and the Council that they did not know his mother. None were members of her family, they did not know what she wanted done and who she wished to have the things that she left behind. Mayor Hurley thanked Mr. Robison and said he sympathized with his loss and that he would respond back to him. • • February 4, 2008 • • Page 11 Oral Presentations continued Forrest Dillavou, 1725 Huntington Road, thanked the Traffic Operations and Sandie Greco. The lights on University Avenue that have been out for years are starting to come back on. Mr. Dillavou stated he received a call from MidAmerican stating that they had repaired some, working on some, ordering parts for some and also working on a rebate or return of money for those lights that had not been working for years. Getty/Cole that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 126583 - Reggie Schmitt/Welper that the council adjourn to Executive Session at 6:30 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2007) and acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2007). EXECUTIVE SESSION 126584 - Reggie Schmitt/Welper that the council adjourn Executive Session at 7:08 p.m. Ayes: Seven. Motion carried. 126585 - Reggie Schmitt/Cole that contracted legal counsel be authorized to proceed. Ayes: Seven. Motion carried. ADJOURNMENT 126586 - Reggie Schmitt/Welper that the Council adjourn at 7:09 p.m. Ayes: Seven. Motion carried. Nancy`Lckert, CMC City Clerk