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HomeMy WebLinkAboutMinutes-02/11/2008February 11, 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 11, 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 Harold Getty. 126587 Reggie Schmitt/Greenwood that the Agenda, as proposed, for the Regular Session on Monday, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion February 11, carried. 126588 - Reggie Schmitt/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion Mayor Hurley presented a Recognition of Scott Lake and Ann Meyer for Service. CONSENT AGENDA 126589 - Reggie Schmitt/Greenwood February 4, carried. 30 Years of 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. 1-67, dated February 11, 2008, in the amount of $839,835.45, 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. 2008-95. b. Motion -to approve the following: 1. Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Jesse Gaherty to the position of Maintenance Mechanic, effective February 12, 2008. 2. Maureen Newbill, Visitor Services Manager, to pick up furnishings for the Phelps Youth Pavilion in Minneapolis, Minnesota on January 26-27, 2008, with costs not to exceed $200.00, including use of city vehicle. 3. Chris Western, Associate Planner, to attend 2008 Brownfields Conference in Detroit, Michigan on May 3-7, 2008, with costs not to exceed $1,350.00. 4. James Noss, Police Officer, to attend Armorer Course in Cedar Rapids, Iowa on March 11-13, 2008, with costs not to exceed $511.00, including use of city vehicle. 5. Dustin Lindaman and Michael Dobson, Police Officers, to attend Honor Guard Training in Johnston, Iowa on April 14-17, 2008, with costs not to exceed $590.00, including use of city vehicle. 6. Mike Jenn, Battalion Chief, to attend Basic Fire/Arson Investigator School in Ames, Iowa on March 10-21, 2008, with costs not to exceed $150.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Tokyo Japanese Steakhouse, 126 E. Ridgeway Avenue (Renewal) (Expires 2/13/09) (Includes Sunday Sales) San Marnan Drive (Renewal) (Expires 3/10/09) (Includes d. Red Lobster, 941 E. Sunday Sales) Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/09) (Includes Sunday Sales) Jameson's, 310 E. 4th Street (Renewal) (Expires 2/5/09) (Includes Sunday Sales) Outdoor Service Area Application Jameson's, 310 E. 4th Street Ayes: Seven. Motion carried. February 11, 2008 HEARINGS & BIDS Page 2 126590 Getty/Hart that proof of publication of notice of public hearing on F.Y. 2008 Asphalt Overlay Program, Contract No. 737, as published in the Waterloo Courier on January 28, 2008, be received and placed carried. 126591 This being the time and place of public and oral objections and there were none. on file. Ayes: Seven. Motion hearing, the Mayor called for written Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. 126592 Getty/Hart that "Resolution confirming approval of plans, specifications, form of etc. in conjunction with F.Y. 2008 Asphalt Overlay Program, Contract be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-96. 126593 Getty/Hart that "Resolution ordering construction in conjunction with above said be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-97. 126594 Getty/Hart to receive, file and instruct City Clerk to open and read bids and Engineer for review: Bidder Bid Bond Aspro, Inc., Waterloo, IA Ayes: Seven. Motion carried. 126595 - Getty/Hart contract, No. 737", project", refer to City Bid Amount 5% $2,496,259.52 that proof of publication of notice of public hearing on Purchase Sign for Waterloo Center For The Arts, as published in the Waterloo February 1, 2008, be received and placed on file. Ayes: Seven carried. of Digital Courier on Motion 126596 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. 126597 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to review: Director of Cultural & Arts Commission for Bidder Signs & Designs, Cedar Falls, IA Nagle Signs, Waterloo, IA Ayes: Seven. Motion carried. HEARINGS 126598 - Hart/Greenwood Bid Amount $82,970.00 $84,900.00 that proof of publication of notice of public hearing on request of Black Hawk County to sell and convey a portion of the existing parking lot bounded by East 6th Street, Lafayette Street and Sycamore Street (Parcel K) for $70,000.00 and rescind Resolution No. 2005-1124 in its entirety, as published in the Waterloo Courier on January 28, 2008, be received and placed on file. Ayes: Seven. Motion carried. • • February 11, 2008 • • Page 3 Hearings continued 126599 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Reggie Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 126600 - Hart/Reggie Schmitt that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-98. UNFINISHED BUSINESS 126601 Reggie Schmitt/Welper that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $26,264.00 to Waterloo Implement of Waterloo, Iowa in conjunction with Purchase of Two 2008 16 Foot Land Pride Mowers, 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. 2008-99. 126602 Reggie Schmitt/Welper that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $54,400.00 to Waterloo Implement of Waterloo, Iowa in conjunction with Purchase of Two John Deere 1565 Commercial Front Mowers With Attachments, 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. 2008-100. 126603 Reggie Schmitt/Welper that communication from City Clerk transmitting recommendation of award of contract in the amount of $90.00 per hour to Schmitt Telecom Partners, Inc. of Waterloo, Iowa in conjunction with Maintenance of City Telephone Equipment and Voice Mail System, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Abstain: Steve Schmitt as owner of Schmitt Telecom. Resolution adopted and upon approval by Mayor assigned No. 2008-101. 126604 - Reggie Schmitt/Welper that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $50,150.00 to Stratapoint, Inc. of Rosemount, Minnesota in conjunction with Waterloo Tree Inventory 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. 2008-102. 126605 - Reggie Schmitt/Welper that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $32,477.00 to Witham Auto Center of Waterloo, Iowa in conjunction with Purchase of 2008 4 -Wheel Drive Flatbed With Sander Unit and Snow Plow, 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. 2008-103. February 11, 2008 DOCUMENTS Page 4 126606 Welper/Reggie Schmitt that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $50,150.00 with Stratapoint, Inc. of Rosemont, Minnesota in conjunction with Waterloo Tree Inventory Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-104. 126607 - Welper/Reggie Schmitt that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $27,100.00 with L.N.S. Builders Inc. of Waterloo, Iowa in conjunction with 2007 Spring View Park Restroom Project, 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. 2008-105. 126608 Welper/Reggie Schmitt that communication from City Clerk transmitting four-year Contract with Schmitt Telecom Partners, Inc. of Waterloo, Iowa in conjunction with Maintenance of City Telephone Equipment and Voice Mail System, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Abstain: Steve Schmitt as owner of Schmitt Telecom. Resolution adopted and upon approval by Mayor assigned No. 2008-106. 126609 - Welper/Reggie Schmitt that communication from Leisure Services Director transmitting GIS Data Distribution Agreement with Black Hawk County and Stratapoint, Inc. to utilize existing data to help develop tree inventory mapping for the Waterloo Tree Inventory Project, 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. 2008-107. 126610 - Welper/Reggie Schmitt that communication from Senior Planner transmitting request of Kent Orchard for tax exemptions on improvements totaling $80,000.00 for property located at 1719 Commercial 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. 2008-108. 126611 Steve Schmitt/Welper that communication from Police Chief transmitting Memorandum of Understanding with Seeds of Hope, Hawkeye Valley Area Agency on Aging, Black Hawk County Attorney, Grundy County Attorney, Grundy County Sheriff, Hardin County Attorney and Hardin County Sheriff to partner in the Enhanced Training and Services to End Violence Against and Abuse of Women Later in Life Program, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-109. 126612 - Steve Schmitt/Welper that communication from City Planner transmitting Temporary Easement Agreement and Permanent Easement Agreement with Chicago Central and Pacific Railroad Company at a cost of $1,375.00 for acquisition of property generally located at the intersection of Burton Avenue and Broadway Street needed for the Donald Street Trail, be received, placed on file and "Resolution approving said temporary easement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. • • February 11, 2008 • • Page 5 Documents continued Ryan Madison, 650 Dawson Street, commented his problem is who is the city trying to cater to because the fact is not a majority of the people use these bike trails that live in that community. If the city is catering to who he thinks they are, he doesn't want these people to have a free ride through his community. He feels we need them to come and spend some money because we need businesses over here, but he thinks this $1,400.00 can be used somewhere else. There are tons of abandoned buildings off of Riehl Street that the city could put that $1,400.00. There are street issues such as pot holes and things such as that that the $1,400.00 can go to. There are stop signs that need to be put on Grandview, Dawson, Riehl and Kern that that $1,400.00 could go to. Mr. Madison stated that to build a bike trail is asinine when we've got a lot of other issues where people can't even drive on the streets, but the city is going to let somebody be able to ride on a bike better than we can drive on our own streets. Mayor Hurley responded that the street repairs, etc. that Mr. Madison is talking about are totally different fund streams. The fact is the city could not use this $1,375.00 for any of those things that Mr. Madison is talking about. The city's monies are very funneled and designated for what they are used for. Mayor Hurley commented that the fact is that Waterloo and the Cedar Valley are becoming nationally known for the network of recreational trails that now measure close to 80 miles in the Cedar Valley. We have visitors coming from outside the area staying over night, spending money in our stores and restaurants, etc. to enjoy our trails. As a quality of life item, it is the right thing to do, and we have not gotten that system as well extended out into Wards 3 and 4 as we would like to. Councilperson Steve Schmitt commented that he noticed that the city is using a Cedar Rapids firm to perform the assessment and asked if we picked that company. Don Temeyer, Community Development Director, responded those contracts are taken to the Finance Committee. Staff seeks prices on them. The other thing is the timeliness as it is very difficult to get an appraiser to respond to any of the work timely. 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. 2008-110. 126613 Steve Schmitt/Welper that communication from Fire Chief transmitting Memorandum of Understanding with Iowa Department of Public Defense Homeland Security and Emergency Management Division for Waterloo Fire Rescue's Hazardous Materials Response team to participate in statewide Terrorism/Weapons of Mass Destruction Response team, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-111. 126614 Steve Schmitt/Welper that communication from Associate Engineer transmitting Acceptance of Improvements for Tyson Drive (Paving and Storm Sewer), be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond from Peterson Contractors, Inc. be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-112. 126615 Steve Schmitt/Welper that communication from Assistant City Engineer transmitting 28E Agreement with Waterloo Water Works for reconstruction of existing water main on Rainbow Drive from west of Letsch Road to Northland Drive in conjunction with F.Y. 2008 Street Reconstruction Program, Contract No. 736, 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. 2008-113. February 11, 2008 RESOLUTIONS TO BE ADOPTED Page 6 126616 - Greenwood/Reggie Schmitt that "Resolution approving Waterloo Convention & Visitors Bureau FY09 hotel/motel grant recommendations", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood thanked the Waterloo Convention and Visitors Bureau Committee and specifically Christa Miehe, Bob Fahr and Jay Christopher for their dedication and work on this, discerning the requests that came before them and getting it distilled down to the recommendations that are before the council tonight. Councilperson Reggie Schmitt stated that next year he would personally like to see on the spreadsheet a ranking number because a lot of them appear to be subjective, but the Convention and Visitors Bureau uses a multiple of criteria such as heads on bed and others. If the ranking number column is added to the spreadsheet to show how these were ranked it would help council because they would see the variation based on 100 percent of what the request was down to 25 percent or zero of the request and would help to see why some fell out. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Abstain: Steve Schmitt as a member of one of the boards and Getty as a board member of Aspire. Nays: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-114. Mayor Hurley asked the City Attorney if Councilperson Steve Schmitt needs to abstain or is it advisable that he abstain. James Walsh, City Attorney, responded that as an applicant for funds of the pool you probably should abstain even though you can say I'm only involved with a couple of these. The pool is distributed amongst all of the applicants so in theory an application alone pollutes what is available to others, so as a cautionary matter it is probably a good idea if your looking for money from that group not to vote on the allocation. Mr. Walsh suggested for next year that it might be best if the Convention and Visitors Bureau does two pools because if the city has a lot of the city council involved in boards and applicants to the funds then we are going to end up in trouble someday. The council is active in the community in a lot of boards that come looking for money so if we divided them into two pools and took two votes we could avoid a possible situation where we are unable to get a majority vote. NEW BUSINESS 126617 - Greenwood/Reggie Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Street Reconstruction Program, Contract No. 736, be received, placed on file and approved. Ayes: Seven. Motion carried. 126618 - Councilperson Welper commented that there is an ongoing problem with the aging of our water system and this has come up several times. He has been speaking with Dennis Clark, General Manager of the Waterloo Water Works, and we are replacing the galvanized pipes during the reconstruction projects, but we are also starting to see failures with the copper. The pipes that are put together with a flared connection are also starting to fail now. We don't seem to have the problem now so much with the compression couplings. Councilperson Welper stated he would like to see us either have a work session on this or change the ordinance to start replacing all of the water pipes on a reconstruction project, so that we are not taking two steps forward and one step back every time we put in a new street and then tear it back up to fix the water line. Dennis Clark, General Manager of Water Works, reported in 2008 there were 156 service line leaks and the previous year there were 157 service line leaks, which is about a 40 to 50 percent increase in the last ten years. What has changed in the last ten years is now 90 percent of our service lines leak, and previously maybe 60 percent of them were copper. The number of galvanized that are leaking is going down partially because of the good work of the city replacing its part of the recon project. We are having fewer and fewer galvanized, plus the galvanized that are out there have failed fairly quickly, so we have diverging trends. We are increasing the number of service line leaks and the percentage of those leaks that are galvanized are the number of galvanized are going down. • • February 11, 2008 • • Page 7 New Business continued The Water Works has about 25,000 service line connections in the city and if you expected the average life of 100 years you'd have 250 failing. The average life seems to be something less than 100 years so at some point we are going to be having 300 or 400 service line leaks a year, which is almost double what we have now. With the copper service line leaks, the problem seems to be at the flared connection as Councilperson Welper suggested and could be remedied by cutting the flare off and putting in a short piece of pipe with compression couplings. Mr. Clark commented that because of the short time track we have for the 2008 street reconstruction project, it is probably not practical for this year but he thinks it does deserve study to be included for future reconstruction projects. Mayor Hurley asked what are the time frame concerns, is it just gathering the materials, is this something that is built into our specifications or is this our practice. On a service line change like this would it be the customer who would pay for it or would it be part of the contract, would it soak up local option money. Mr. Clark responded the service line leak is the responsibility of the property owner. The city, to eliminate having to have patches on new paving, many years ago agreed to replace the galvanized lines and are doing that with city funds paid by the local option. The issue for this year is we have really been scrambling to get the plans together. The Water Works has a water main replacement program which is a small part of the overall project and everything is on a fairly tight track to meet the bid dates that were necessary for the March 3rd letting that council is getting ready to set the date of hearing on. Mayor Hurley commented that we could have a work session to learn more because there should be some open discussion about what we do under our street reconstruction program and what we can include in it. There is referendum language that says what we can do and there are years left on that but council should probably get educated and be thinking about the possibility of broadening that from sidewalk to sidewalk as opposed from right-of-way to right-of-way. Mayor Hurley asked is there anything that we can do right now as we proceed on the 2008 contract. Mr. Clark noted he visited with Eric Thorson, City Engineer, earlier before the council meeting and both feel that it probably doesn't make sense to include it in the 2008 program but it is well worth reviewing for future programs. Mayor Hurley asked concerning the 2008 reconstruction program if we see galvanized we will replace it and if we see any service line we will get it fixed. Mr. Clark responded yes. Sometimes it gets a little challenging when its a copper line as to whose fault it was that it is leaking. Whether it is the contractor's fault or a lot of lines are leaking and then when you expose them you see the drip and that is where it occasionally becomes a challenge, but that doesn't happen very frequently. Councilperson Getty commented he is very happy to hear Councilperson Welper bring this up. This has been very near and dear to his heart because as our construction people go out this year on all the reconstruction they dig out and they are doing their thing under there. They are replacing everything new except for copper water line they should do that compression thing now. Because when they backfill, get in there and they start hammering the dirt and sand back down that is what happens. It busts the compression fittings that we are using now, the water fittings, it breaks that. They fill it back in and within weeks or months its got a water leak. Mayor Hurley asked if we can we do compression fittings as a matter of practice this construction season. Mr. Clark responded yes it is possible. It would require changing the specification and plans that just went to the printer today, and that is where some of the challenges are to include it in the 2008 program. Mayor Hurley asked if we could fire out an addendum or an alternate bid on using compression fittings instead of the flare. Mr. Clark responded that most plumbers like to use compression because its much easier. The ones who are replacing the galvanized with copper are using compression. Right now nothing is scheduled to be done with the ones that are flared and attached as long as there are no apparent problems. Councilperson welper noted we are we talking about utilizing the same copper line. They are simply cutting off the flared edge and putting the compression on it so they are not really replacing the line, they are just stretching it to put on the compression fitting. February 11, 2008 Page 8 New Business continued Mr. Clark responded there are two ways you can do it. You can replace it from the main to the pave box which would be much more expensive or you could cut off a 2 or 3 foot chunk and put a compression coupling and then a new curb stop and attach a new three foot piece of pipe to the corporation. Mr. Clark commented there is definitely some expense to take the old out and new in. You have to shut the main down to do that and its time consuming. There are a lot of services that would fall into this so it would take some number crunching to determine how much that would be, but it is a big change to the contract. Councilperson Welper commented but it would save us digging up our freshly paved streets down the road. Councilperson Greenwood stated his concern is what is our experience, of the 153 leaks we had how many of them were in streets that were reconstructed. Councilperson Greenwood stated he had one phone call about where we reconstructed the street, either Reber or Kingsley, where we had to go right back in and dig the thing up after it was reconstructed. Mr. Clark stated he does not know that number, but he knows for the new mains that when possible we try to put it in public right-of-way but outside the pavement. But particularly a lot of the older streets, which are a lot of the streets that we are reconstructing, the main is underneath the pavement so that is why it requires a pavement patch to repair the service line leak. The number of mains on any one year's project or the number of service lines that is going to leak in any one year's project the next 10 or 20 years is probably relatively small but cumulatively it gets to be a bit of a problem. Eric Thorson, City Engineer, stated this is the first time he heard about this with regard to this year's program so he thinks it is pretty late as we are ready to go to the printers tomorrow. It certainly is something that could be looked at in the future. Mr. Thorson noted that the call Councilperson Greenwood received is nine years later after reconstruction so it wasn't that soon. Mr. Thorson stated there are a lot of issues, and it is not quite as simple as it sounds. In his opinion, he doesn't think it would be necessary to replace every single service , at least some that are newer than others. Mayor Hurley suggested a work session to talk about all the suggestions brought up tonight. Councilperson Getty asked if we have any idea what it would cost an average connection to be made to cut it off and put in the extra 2 foot of pipe. Mr. Clark responded he does not have that information tonight. Councilperson Getty stated he thinks it would be a lot cheaper for the property owner to pay a couple hundred dollars a house if that was the price, then the $2,000.00 or $3,000.00 that they charge them to dig up the front of the house and start all over again when there is a leak. Mayor Hurley asked if we set this date of hearing and we go down the path that we've been on is it possible that we could pick up on Councilperson Getty's idea as a separate effort to notify the property owners along that route and say here is an option. Mr. Thorson responded he thinks it is a little more complicated than that. Typically, this was always assessed in the past and was paid for by the property owners. At the time the reconstruction program started, they did some work and calculated that its like the sidewalk program. In order to assess it, you have to give folks a chance to do it themselves first, and if they don't do it then you do it under the contract, which takes a lot of time. It really slows down what we are trying to do with the reconstruction program each year in order to get a certain amount of streets done. Mr. Thorson stated he thinks we would have a hard time collecting that money and keeping track of it if we just went out and made that offer to folks. Forrest Dillavou, 1725 Huntington Road, stated that Huntington Road was resurfaced this year with an asphalt overlay. When they came through with the pulverizer it does a lot of vibration. Mr. Dillavou stated he believes on Huntington Road there were three repairs made after it was resurfaced causing it to be cut three different places and repaired, so it is something to think about. He thinks all three of them were paid by the city because they were in the street. Greenwood/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Street Reconstruction Program, Contract No. 736, be received and placed on file. Ayes: Seven. Motion carried. . • February 11, 2008 • • New Business continued Page 9 126619 - Greenwood/Steve Schmitt 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. 2008-115. 126620 - Greenwood/Steve Schmitt that "Resolution setting date of hearing contract, etc. as March 3, 2008 at 5:30 p. and taking of bids on the above described instructed to publish notice of same. Ayes: on plans, specifications, form of m. in the City Hall Council Chambers project", be adopted and City Clerk Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-116. 126621 Greenwood/Reggie Schmitt to instruct Contracts and Grants Coordinator to prepare plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, 93 and 97 Vinton Street, Contract No. 156 -D -GO -03-03-08, be received, placed on file and approved. Ayes: Seven. Motion carried. 126622 Councilperson Hart asked when the two buildings at 93 and 97 Vinton Street are demolished are there any future plans, are we working with the developer in the future, or is there a development agreement. Don Temeyer, Community Development Director, responded we have a development agreement with Crystal Ice and Cold Storage, and they are planning an expansion to build their cold storage building. If they do not build, they have to pay and reimburse the city for this demolition and acquisition. If they move ahead with their $4 million dollar expansion, there is a time limit in the development agreement, then they don't have to pay for that. Councilperson Hart asked so the city purchased the buildings and Crystal Ice will pay for what we purchased the buildings for. Mr. Temeyer responded if Crystal Ice does not move ahead with their project according to the time schedule that they have in the development agreement, otherwise we won't charge them. We are tearing this down, and will deed the property to them and they will put their new cold storage building toward the river. Councilperson Hart asked what were the buildings before the city purchased them. Mr. Temeyer responded one was the old Rath maintenance building about 30,000 square feet, and the other one is called the Cooper building. Greenwood/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, 93 and 97 Vinton Street, Contract No. 156 -D - GO -03-03-08, be received and placed on file. Ayes: Seven. Motion carried. 126623 Greenwood/Steve Schmitt 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. 2008-117. 126624 Greenwood/Steve Schmitt that "Resolution setting date of hearing contract, etc. as March 3, 2008 at 5:30 p. and taking of bids on the above described instructed to publish notice of same. Ayes: on plans, specifications, form of m. in the City Hall Council Chambers project", be adopted and City Clerk Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-118. February 11, 2008 Page 10 ORAL PRESENTATIONS 126625 Nathan Merrill, 1418 West 2nd Street, stated he came before the council about a month ago and explained in pretty graphic detail the dog attack that happened in his back yard, and he received many empathetic notes and communications and heard many assurances from some folks here. Mr. Merrill stated he understands there is a process and there needs to be some readings. Mr. Merrill noted that the last time he saw his dog was when it was having its throat ripped out in his back yard, Mr. Merrill stated he understands this has been an ongoing issue for a while, and he understand the lawsuits, and the city is in period of budget debate, but he would like to stress that he is not asking council or anybody in the city for services, finances, money or anything like that. Mr. Merrill stated he would rather have the city do too much and have to come back then not do enough and have people like him who sit here every single Monday and listens to these long discussions. Mayor Hurley explained that there was an ordinance committee meeting at 5:00 p.m. this afternoon on the new dog ordinance. Mayor Hurley stated Councilperson Reggie Schmitt ran that meeting, and he, the other council members and the city attorney are crafting a new ordinance that will be much tougher and much easier for the city to implement control. Mayor Hurley noted as he understands there were some changes made and it is going to come back next week. Councilperson Reggie Schmitt stated the ordinance is going before full council next Monday. Getty/Cole that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 126626 - Reggie Schmitt/Welper that the Council adjourn at 6:25 p.m. Ayes: Seven. Motion carried. Nancyckert, CMC City Clerk • •