HomeMy WebLinkAboutMinutes-01/14/2008• •
January 14, 2008
The Council of the City of Waterloo, Iowa, met in Regular Session at City Ha
Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, January 14, 2008. Mayor
Hurley in the Chair. Roll Call: Getty, Hart, Greenwood, Steve Schmitt, Welp
Schmitt. Absent: Cole.
Moment of Silence.
Pledge of Allegiance: Councilperson Ron Welper.
126440 - Reggie Schmitt/Welper
126441
that the Agenda, as amended, for the Regular Session
2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole.
Motion carried.
1 Council
imothy J.
r, Reggie
on Monday, January 14,
- Reggie Schmitt/Welper
that the Minutes, as proposed, for the Regular Session on Monday, January 7,
2008, at 5:30 p.m. and the Organizational Meeting on Monday, January 'a, 2008, at
5:00 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion
carried.
CONSENT AGENDA
126442 - Reggie Schmitt/Welper
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. 1-117, dated January 14, 2008, in
the amount of $1,304,194.86, a copy of which is on file irk the City
Clerk's office, together with recommendation of approval of the Finance
Committee.
Resolution adopted and upon approval by Mayor assigned No. 2008-16.
b. Motion to approve the following:
1. Communication from Airport Director transmitting recommendation of
appointment of Larry Ticknor to the position of Airport Foreman, effective
January 15, 2008.
2. Communication from Director of Waterloo Cultural & Arts Commission
transmitting recommendation of appointment of Scot Jon Schwestka to the
position of Technician/Floor Manager, effective January 15, 20086
om Mayor Tim Hurley transmitting recommendation of
the following to the Waterloo Regional Airport Board of
Dust, Mark Higley and Cynthia Goro, with term! expiration
2012; and Pat Cole, with term expiration date of June 30,
3. Communication fr
reappointment of
Directors: Steve
date of June 30,
2011.
4. James Noss, Police Officer, to attend M16-AR15
Minnesota on January 27 -February 1, 2008,
$1,355.00, including use of city vehicle.
Armorer School in St. Paul,
with costs not 'to exceed
c. Liquor License Permit Application
Class E
Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/9/09) (Includes
Sunday Sales)
Elite Liquor, 1309 Lafayette Street (New) (Expires 1/15/09) (Includes Sunday
Sales)
d. Wine License Permit Application
Class B
Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/9/09) (Includes
Sunday Sales)
Elite Liquor, 1309 Lafayette Street (New) (Expires 1/15/09) (Includes Sunday
Sales)
January 14, 2007
Consent Agenda continued
Page 2
e. Beer License Permit Application
Class C
Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/9/09)r (Includes
Sunday Sales)
Elite Liquor, 1309 Lafayette Street (New) (Expires 1/15/09) (Includes Sunday
Sales)
f. Beer License Permit Application
Class B
Cedar Valley Fish Market, 218 Division Street (Renewal) (Expires 1/75/09)
Beer/Liquor License Permit Application
Class C
Mustang Bar, 1927 Jefferson Street (Renewal) (Expires 1/22/09)1 (Includes
Sunday Sales)
Electric Park Ballroom, 310 W. Conger Street (Renewal) (Expire 1/27/09)
(Includes Sunday Sales)
g•
Ayes: Six, with Councilperson Steve Schmitt abstaining on payments to Schmitt
Telecom in the amounts of $85.00 and $805.00. Absent: Cole. Motion carried.
HEARINGS
126443 - Getty/Reggie Schmitt
that proof of publication of notice of public hearing on an ordinance adopting
new City of Waterloo Zoning Ordinance and repealing Ordinance No. 2479 in its
entirety, as published in the Waterloo Courier on December 26, 2007, be received
and placed on file. Ayes: Six. Absent: Cole. Motion carried.
126444 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Jeri Thornsberry, 704 Sheridan Road, read a prepared statement as follows. In
the proposed zoning ordinance, permitted use regulations for "M-2";Heavy and
Industrial District and "M -2,P" Planned Industrial District are both governed by
paragraph A in section 2A-37 which states "no occupancy or building permit shall
be issued for any of the following uses until and unless the locatibn of such
use shall have been authorized by the City Council after a report from the Fire
Department and recommendation by the City Planning, Programming and Zoning
Commission". Following that statement is a list of specific types of;industries
that require a report from the Fire Department. She argued that by limiting the
requirement for a fire department report to only a few listed industries, the
public is left vulnerable. The purpose of the fire department report is to
ensure that all fire protection measures are in place prior to a specific
industry commencing business. However, in this rapidly changing, world of
today's commerce, for the city to limit itself to only a handful of industries,
is to place its citizens in an exposed position. First, Ms. Thornsberry
recommended that this specific list be eliminated and replaced with wording that
requires a fire department report for any industry requesting an occupancy or
building permit on a parcel designated "M-2" or "M -2,P". It would be prudent
not to list today's known industries and an ordinance that will surely guarantee
speedy obsolescence of the code. Secondly, she recommended that the City go
even further in its reporting obligation by requiring a written report not only
from the Fire Department but also from Black Hawk County Department of Public
Health, the City Police Department, Waterloo Waste Water Management and Waterloo
Water Works for any industry requesting an occupancy or building permit for a
parcel designated "M-2" or "M -2,P". These reports may simply say ',nothing to
report or no problem areas encountered. The protection of citizens from
industries that have the potential to cause considerable public harm will have
been investigated prior to issuing any permit. Since the city is responsible
for protecting the public health and well being of all citizens, expanding this
reporting requirement to other municipal agencies will enhance and support the
city's duty to protect its citizens. Ms. Thornsberry distributed copies of her
comments and an annotated copy of her recommended changes to this ordinance for
the records plus a copy for Noel Anderson and Eric Schroeder.
• •
January 14, 2007
• •
Page 3
Hearings continued
Steve Finegan, All Portable Storage, explained his issue deals with t e types of
siding allowed on accessory buildings. Currently, metal siding is of allowed
on buildings above 120 square feet. He attended the Planning & Zoning
Commission on two different occasions requesting that be upped to '00 square
feet. He finds that people need much bigger buildings than 120 sque feet in
today's world with the number of things that they need to store In his
particular business, 120 square feet is the maximum size he uses as portable
ing there
commission
• that the
egan asked
up to 200
storage buildings. He noted at the first session of Planning & Z
really was no consensus, it was split 50/50. Then the full
recommended upping it to 200 square feet, and it is his understandi
code in front of the council now does not make that change. Mr. Fi
the council to include vertical metal siding to be used on buildings
square feet instead of 120 square feet.
Don Temeyer, Community Planning & Development Director, explained tha this is a
very detailed and technical change to Ordinance No. 2479, the City f Waterloo
Zoning Ordinance. Many small technical changes that have been revie ed by the
commission over the past two years. Mr. Temeyer recommended that Ms.
Thornsberry's comments be referred back to the Planning & Zoning Commssion. No
changes were made in the "M-2" and "M -2,P" district so that is something that
the commission could consider and take a look at to see if there's something we
would like to change in that area. As to Mr. Finegan's comments, Ithat is a
discussion item that was a part of the council work session and the council said
not to include that change. The Planning Commission will continue to review and
take a look at changes throughout the next years as we continue to implement the
zoning ordinance. Mr. Temeyer noted that the Planning and Zoning Commission
recommended 200 feet, but when council held the work session and set the date of
hearing, their recommendation was to go with 120 feet. Mr. Finegan was informed
of the council's decision and that is why he is at tonight's meeting.
Councilperson Reggie Schmitt commented that at the council work session, it was
agreed that 120 should remain the breaking point between horizontal and vertical
siding because that breaking point was already there for a building pe;mit.
Getty/Reggie Schmitt
that the hearing be
Programming and Zoning
placed on file. Ayes:
closed and recommendation of approval of Planning,
Commission and oral and written comments be received and
Six. Absent: Cole. Motion carried.
126445 - Councilperson Getty suggested Ms. Thornsberry's recommendation should go to
Planning and Zoning Commission for reconsideration. Councilperson Getty asked
regarding the 120 feet vs. 200 feet for vertical siding, and the need for a
permit for a 200 square foot building, does it really make any difference and it
really is up to the individual.
Councilperson Reggie Schmitt explained that 120 foot w
footage that requires a building permit and was also
horizontal versus vertical siding. Councilperson Reggie
feet is almost a garage, and the idea at 120 feet was
siding off of residential garages.
as the current square
the breaking point for
Schmitt noted that 200
to keep that vertical
Mr. Finegan noted his particular business is portable buildings and a size much
bigger than 200 square feet makes them very awkward to move. It just gets
cumbersome the amount of framing that is required to make that building
structurally sound. Its quite a bit bigger going more than 10 foot wide, and 10
X 20 happens to be a size that people want. He rents these buildings as well as
sells them and has found that there is a considerable demand for that size. A
10 X 12 isn't big enough for the amount of items that people need to ptore these
days when you start looking at their snow blowers, motorcycles, lawn furniture.
All we are talking about is metal because the ordinance allows vert .cal siding
of other kinds, it just happens to be vertical metal siding in this Lase, which
has become a very standard building material in this day and age. Mr. Finegan
noted he can build them on site, but his general premise is mobile. ! Needing a
building permit for anything over 120 feet is not the issue, it is just the use
of vertical siding of metal nature.
Mayor Hurley asked if other materials are allowable in vertical siding. Aric
Schroeder, Senior Planner, responded the way the provision reads it talks about
limiting the siding material to metal materials that are common on residential
structures so metal materials on residential structures are typically the
horizontal aluminum or steel type siding not the vertical steel thatis typical
of the building that Mr. Finegan is talking about.
January 14, 2007
Page 4
Hearings continued
Mr. Schroeder commented that staff recommended at the Planning, Programming and
Zoning Commission meeting to leave it at the current 120 feet.
Mr. Temeyer noted that the Zoning Ordinance is very complex,
definitions, with a lot of technical issues. There are commercial di
residential districts and people don't understand the difference b
two.
Mayor Hurley noted that somebody said it took us eight pages to de
entertainment, which is the litigious nature of it.
Councilperson Reggie Schmitt complimented the Planning, Programming
Commission because they spent two years in special meetings going
document, tweaking it and trying to bring it up to the 21't
Councilperson Reggie Schmitt stated he thinks the council should pass
document and the two items talked about tonight be worked on as ame
the Zoning Ordinance.
Councilperson Greenwood stated he supported Mr. Finegan's request.
Greenwood/Hart
a lot of
tricts and
tween the
ine adult
and Zoning
over this
Century.
this whole
ndments to
that the ordinance be amended to allow vertical metal siding for buildings with
200 square feet.
Councilperson Welper asked
the amendment to next week
Councilperson Getty noted
that this ordinance be passed this evenin
when Councilperson Cole will be present.
and defer
the full council can address it because w4 are only
going to pass it for the first time tonight even with this amendment and it will
come back next week.
Councilperson Reggie Schmitt stated he thinks this motion requires a lot more
discussion than what we should get into tonight because it not only deals with
changing the breaking point between vertical and horizontal metal sid'ng it also
changes the breaking point for allowing 200 square feet sized buil ings, and
that is tied to other parts of the ordinance where properties are o ly allowed
850 square feet including their garage. It gets a lot more technics than just
adding a building to a property.
Following comments a vote was taken on the above motion with the following
result. Ayes: Four. Nays: Welper, Reggie Schmitt. Absent: Co10. Motion
carried.
126446 - Getty/Steve Schmitt
that "an ordinance adopting new City of Waterloo Zoning Ordinance and repealing
Ordinance No. 2479 in its entirety", be received, placed on file, considered and
passed for the first time. Ayes: Five. Nays: Welper. Absent: Co.e. Motion
carried.
UNFINISHED BUSINESS
126447 - Welper/Reggie Schmitt
that communication from Leisure Services Director transmitting request to
purchase two Jacobsen LF3400 Fairway Mowing Units from Turfwerks of Johnston,
Iowa at a total net cost of $60,000.00 and two John Deere 2500A Geensmowers
from John Deere Great American Turf of Urbandale, Iowa at a net total cost of
$38,400.00 in conjunction with Purchase of 2007 Golf Turf Equipment, be
received, placed on file and "Resolution approving said request", be adopted.
Prior to a vote on the above motion, the following comments were heard:
Councilperson Getty noted that between the John Deere bid and the Jacobson bid
was only $4,000.00, except for the trade-ins that was allowed. We are talking
about a difference of $5,200.00 between the Jacobson bid and the John Deere bid,
and he would like to stick with the John Deere equipment in the City of
Waterloo. John Deere has done so many things with this city over the years.
They gave us property for a soccer field, and they gave us property and
buildings for our TechWorks.
• •
January 14, 2007
• •
Unfinished Business continued
Councilperson Steve Schmitt agreed with what Councilperson Getty is s
$5,000.00 is a significant amount of money and is roughly 8 perc=
$60,000.00 purchase. He questioned whether the city has or if the ci
willing to institute a local vendors percentage or number. It seem
is an issue that comes up on a pretty regular basis, not only with
equipment but with a variety of other things. Whether we are goi
preferential treatment to local vendors or not is question number o
are then he thinks we should have a set percentage because the dol
can fluctuate wildly based on what it is that we're talking about buyi
Jim Walsh, City Attorney, noted the city's current policy is to go wi
If council wants a policy for local preference they would to have
policy.
Mayor Hurley noted we have had this discussion for the four years t
been here. We have favored John Deere in the past on an endloader.
a policy that says lowest, responsible bid, which follows state
There are government entities that have local preference, such as 1
percent local preference. We have to think about what is meant by
think about what percentage and then be ready to justify using tax
for those reasons.
Councilperson Hart questioned if council sets a percentage how will
the competitive bidding process of trying to get the city the be
deal.
Mayor Hurley noted that is one of the real down sides. In some ca
found that their bids dried up or became a lot less because of
preference policy.
Page 5
aying, but
nt of the
y would be
that this
John Deere
g to give
e. If we
ar amounts
g•
h low bid.
enact that
hat he has
We do have
uidelines.
percent, 5
ocal, then
ayer money
Councilperson Reggie Schmitt commented that the other downsidel
percentages don't work because 8 percent of $60,000.00 is only $4,80
percent on a $100,000.00 purchase is $10,000.00. Percentages don't w
would need a maximum amount to apply the percentages.
hat impact
t possible
es, cities
the local
is that
.00 but 10
rk, but we
Councilperson Getty noted he personally is going to support the l $5,000.00
increase to keep John Deere mowing equipment on the city golf cours s. He is
about percentages, and he thinks the city can find thq $5,000.00
not worried
somewhere.
Councilperson
payers to
leeway.
bid
Welper commented he feels he has a responsibility tto the tax
keep costs down. Low bid makes it black and white as ttere is no
He believes its true if you start changing the rules of acepting one
over another and persons who have taken the time to submit bids 4ind out it
doesn't matter because you are going to give it to a local preference anyway,
than they are not going to bid anymore. Low bid is low bid.
Councilperson Steve Schmitt asked if the warranties and guar4ntees
everything on this equipment is all comparable.
and
Paul Huting, Leisure Services Director, responded Leisure Services required the
same warranty on both products, and they are essentially the same thing and will
do the same job.
Forrest Dillavou, 1725 Huntington Road, commented this additional $5,000.00 is
taxpayers' money. There are a lot people who work hard and are just barely
making it, and that it why it is important to have lowest bid. Each time
council spends more money, they are taking more money from them, the taxpayers.
Following comments a vote
result. Ayes: Five. Nays:
Resolution adopted and upon
126448 - Greenwood/Welper
was taken on the above motion with thea following
Getty. Absent: Cole. Motion carried.
approval by Mayor assigned No. 2008-17.
that communication from Superintendent of Central Garage transmitting
recommendation of award of contract in the amount of $69,894.00 to Witham Auto
Center of Waterloo, Iowa in conjunction with Purchase of 2008 4 -Wheel Drive
Service Truck, be received, placed on file and "Resolution approving award of
said contract", be adopted. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-18.
January 14, 2007
REPORTS
Page 6
126449 - Reggie Schmitt/Getty
that communication from City Planner transmitting Iowa Certified Local
Government (CLG) Annual Report to be filed with the State Historical
Preservation Office", be received, placed on file, and "Resolution approving
said report" be adopted. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-19.
DOCUMENTS
126450 - Reggie Schmitt/Getty
that communication from Associate Engineer transmitting Change Order
net decrease of $1,373.30 for work performed by Mike Dolan Concrete
Inc. of Waterloo, Iowa in conjunction with F.Y. 2008 Sidewalk Block G
Assessment Program - Zone 7, Contract No. 735, be received, placed
approved and Mayor and City Clerk authorized to execute same. A
Absent: Cole. Motion carried.
126451 Reggie Schmitt/Getty
that communication from City Engineer transmitting Completion of
Recommendation of Acceptance of Work performed by Mike Dolan Concrete
Inc. of Waterloo, Iowa at a total cost of $28,180.48 in conjunction
2008 Sidewalk Block Grant Repair Assessment Program - Zone 7, Contra•
be received, placed on file and "Resolution approving said docu
adopted and two-year Maintenance Bond be received and placed on fi
Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-20.
o. 1 for a
& Masonry,
ant Repair
file and
es: Six.
oject and
& Masonry,
with F.Y.
t No. 735,
ents", be
e. Ayes:
126452 Reggie Schmitt/Getty
that communication from Community Planning & Development Director t ansmitting
amendment to agreement with Iowa Department of Economic Development to extend
Physical Infrastructure Assistance Program (PIAP) period for ConAgr Foods to
May 31, 2009, be received, placed on file and "Resolution appy ving said
amendment", be adopted and Mayor authorized to execute same. A es: Six.
Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-21.
126453 - Reggie Schmitt/Getty
that communication from Community Planning & Development Director transmitting
amendment to Cooperative Agreement with U.S. Environmental Protection Agency to
extend grant period for cleanup of Construction Machinery site to December 31,
2008, be received, placed on file and "Resolution approving said amendment", be
adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-22.
126454 - Reggie Schmitt/Getty
that communication from Community Planning & Development Director transmitting
amendment to Cooperative Agreement with U.S. Environmental ProtectionlAgency for
Brownfields Cleanup Revolving Loan Fund to extend grant period to D$cember 30,
2007, be received, placed on file and "Resolution approving said ameiidment", be
adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-23.
Greenwood now absent at 6:10 p.m.
• •
January 14, 2007
• •
Documents continued
126455 - Hart/Steve Schmitt
Page 7
that communication from Community Planning & Development Director t ansmitting
Contracts, Bonds and Certificates of Insurance in the amount of $244,•50.00 with
DW Zinser of Walford, Iowa in conjunction with Phase I Demolitio - Former
Chamberlain Mfg. Property, Contract No. 741, be received, placed o file and
"Resolution approving said documents", be adopted and Mayor and ity Clerk
authorized to execute same. Ayes: Five. Absent: Greenwood, Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-24.
126456 Hart/Steve Schmitt
that communication from City Attorney transmitting Hold Harmless Agr=ement with
Cardinal Construction for any existing judgment liens attached t• an alley
generally located in the block containing the Regions Bank bu lding, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Five Absent:
Greenwood, Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-25.
126457 - Hart/Steve Schmitt
that communication from Senior Planner transmitting request of Larr, Saul for
tax exemptions on improvements totaling $28,500.00 for 756 Hall Ave ue located
in the Consolidated Urban Revitalization Area, together with recomm=ndation of
approval, be received, placed on file and "Resolution approving sai• request",
be adopted and City Clerk instructed to notify Black Hawk County •ssessor of
same. Ayes: Five. Absent: Greenwood, Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-26.
126458 - Hart/Steve Schmitt
that communication from Senior Planner transmitting request of Richa
tax exemptions on improvements totaling $95,000.00 for 1426 Black
located in the Consolidated Urban Revitalization Area, tog
recommendation of approval, be received, placed on file and
approving said request", be adopted and City Clerk instructed to n
Hawk County Assessor of same. Ayes: Five. Absent: Greenwood, Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-27.
126459 Hart/Steve Schmitt
that communication from Senior Planner transmitting request
Senior Living) for tax exemptions on improvements totaling
Washington Street located in the Consolidated Urban
together with recommendation of approval, be received,
"Resolution approving said request", be adopted and City
notify Black Hawk County Assessor of same. Ayes: Five.
Cole.
d Wald for
awk Street
ther with
'Resolution
tify Black
of PBI T4h (Bridges
$5,000,000
Revitaliza
placed of
Clerk in
Absent:
Resolution adopted and upon approval by Mayor assigned No. 2008-28.
126460 - Hart/Steve Schmitt
00 for 214
ion Area,
file and
tructed to
Greenwood,
that communication from Community Planning & Development Director transmitting
Quit Claim Deed from Rebecca and Roosevelt Grisby for acquisition cpf property
generally located at 315 Gable Street, vacant lot 10 and lot 12, be received,
placed on file and "Resolution approving and accepting said deed", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent:
Greenwood, Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-29.
January 14, 2007
ORDINANCES TO BE ADOPTED
Page 8
126461 - Welper/Reggie Schmitt
that "an Ordinance amending the 2003 Traffic Code by adding Subs ction (2)
Sycamore Street to Section 577, No Parking 6:00 p.m. to 5:00 a.m. ( estricting
parking on the southwest side of the 1300 and 1400 blocks of Sycamor Street)",
be received, placed on file, considered and passed for the first tine. Ayes:
Five. Absent: Greenwood, Cole. Motion carried.
Greenwood now present at 6:18 p.m.
126462 - Welper/Reggie Schmitt
that rules requiring ordinances to be considered and voted for pass
prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carr:
126463 - Welper/Reggie Schmitt
that "an Ordinance amending the 2003 Traffic Code by adding Subs
Sycamore Street to Section 577, No Parking 6:00 p.m. to 5:00 a.m. (:
parking on the southwest side of the 1300 and 1400 blocks of Sycamor
be considered and passed for the second and third times and adopt.
Six. Absent: Cole.
Ordinance adopted and upon approval by Mayor assigned No. 4896.
NEW BUSINESS
126464 Steve Schmitt/Greenwood
that "Resolution adopting and levying final schedule of asses
providing for payment thereof in conjunction with F.Y. 2008 Side'
Block Grant Assessment Program - Zone 7, Contract No. 735", be adopt
Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-30.
126465 - Getty/Reggie Schmitt
to instruct Superintendent of Central Garage
document, etc. in conjunction with Purchase of
Dump Box, be received,
Motion carried.
age at two
ed.
action (2)
estricting
Street)",
d. Ayes:
ments and
alk Repair
ed. Ayes:
to prepare specifications,
Heavy Duty Cab and Chassis
placed on file and approved. Ayes: Six. Absent: Cole.
bid
With
126466 Getty/Reggie Schmitt
that specifications, bid document, etc. in conjunction with Purchas of
Duty Cab and Chassis With Dump Box, be received and placed on file. lyes:
Absent: Cole. Motion carried.
126467 - Getty/Reggie Schmitt
Heavy
Six.
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with above described purchase", be adopted. Ayes: Six. Absent:
Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-31.
126468 Getty/Reggie Schmitt
that "Resolution setting date of hearing on specifications, bid doc.
as January 28, 2008 at 5:30 p.m. in the City Hall Council Chambers an
bids on above described purchase", be adopted and City Clerk ins
publish notice of same. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-32.
126469- Getty/Reggie Schmitt
�ment, etc.
taking of
tructed to
to instruct Superintendent of Central Garage to prepare specifications, bid
document, etc. in conjunction with Purchase of X Ton 4x4 Flatbed With Salt -
Sander and Snowplow, be received, placed on file and approved. Ayes: Six.
Absent: Cole. Motion carried.
• •
January 14, 2007
New Business continued
126470 - Getty/Reggie Schmitt
Page 9
that specifications, bid document, etc. in conjunction with Purchas= of X Ton
4x4 Flatbed With Salt -Sander and Snowplow, be received and place• on file.
Ayes: Six. Absent: Cole. Motion carried.
126471 - Getty/Reggie Schmitt
that "Resolution preliminarily approving specifications, bid documen , etc. in
conjunction with above described purchase", be adopted. Ayes: Six Absent:
Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-33.
126472 - Getty/Reggie Schmitt
that "Resolution setting date of hearing on specifications, bid doc ment, etc.
as February 4, 2008 at 5:30 p.m. in the City Hall Council Chambers an•: taking of
bids on above described purchase", be adopted and City Clerk ins ructed to
publish notice of same. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2008-34.
ORAL PRESENTATIONS
126473 - Nathan Merrill, 1418 West 2nd Street, commented regarding a dog att
back yard. When the pit bull was attacking their pet dog, M
persistently beat him on the back with a steel rack and the dog wo
go. The dog had no intention of letting go, and when his dog made
death growl, the pit bull made aggressive motions toward him. Mr. Me
that after calling emergency services, he waited for quite some time.
again, and the dispatcher said they did not have a car available. At
he told the dispatcher that he was prepared to shoot the dog.
responded almost immediately, within a very a short time. Mr. Mer,
he holds the owners of these animals at fault as well as city governm
have been multiple issues within the recent past in regards to danga
It is his understanding that the Waterloo police have on numerous occ•
dogs that have confronted them, but the average citizen does not
immediate option available. He would expect that city governme
priority should be to protecting its citizens. He believes the ci
responded in a reasonable prudent manner to prevent these issues wit
dogs. He implored the council to immediately reconsider this acti
some kind of ordinance to prevent these. He is not seeking a ban on
He would ask the council to consult some experts to figure out wh
dangerous dogs affect our community and then preventative measure
stricter regulation, registration with the city, have the city ensu
residences that have these kinds of dogs keep them in a safe and secu
possibly even microchip implantation and definitely mandatory
insurance for the owners of these dogs.
=ck in his
. Merrill
ld not let
his final
rill noted
He called
that time,
The police
ill stated
nt. There
rous dogs.
Bions shot
have this
is first
y has not
dangerous
and pass
pit bulls.
=t kind of
: , such as
e that the
e fashion,
high cost
Mayor Hurley commented he discussed this situation with Jim Walsh, City
Attorney, this afternoon. Mr. Walsh has a draft of a new look at ou dangerous
dog ordinance and council will be presented with the draft in the near future
for their consideration.
David Meeks, Human Rights Director, noted that the Waterloo Hu an Rights
Commission has three openings on its board at this time. At th it monthly
meeting last Thursday, the board decided they had two applicants andlto open up
the pool once again and advertise. All applicants are still eligib e and will
be notified. Mr. Meeks reported the annual Martin Luther King, Jr. b nquet will
be held Sunday, January 20, 2008 at the Five Sullivan Brothers. ocial hour
starts at 5:30 p.m. with the annual banquet formally starting at 7:00 p.m.
Anyone interested in attending can contact Hawkeye Community College, the Martin
Luther King, Jr. Center.
Donna Epps, 1721 Franklin Street, reported it has been over one month since the
residents from the 1400 block to the 1900 block of Franklin Street have gotten
mail. She has photos taken last Saturday of the East 7th Street area a postman
delivering mail on sidewalks on worse condition then those on Franklin Street.
They feel they are being singled out for having empty homes, empty lots in their
area that have not been shoveled. They have done the best they can as
homeowners and landowners to keep the sidewalks shoveled and ice free, but the
ice storm put 6 to 8 inches of ice on their sidewalks. They have used sand and
salt, used choppers, shoveled, used snow blowers, and still have not gotten
mail.
January 14, 2007
Oral Presentations continued
The post office is saying is that Franklin Street is too dangero
mailman. The same mailman who delivers on Franklin Street delivers
400, 500, 600 and 700 blocks of Fowler Street, and most of those
rental homes and they are not shoveled or salted and he goes thr
They have to go to the post office to get their mail and they wan
done.
Mayor Hurley responded today he talked to Mr. Barnes, the postmaster.
with the mail carrier, and it seems to be his call not the postmast
somebody in Washington D.C., but the mail carrier's call as to what
or not. The issue was a safety concern because the mail carrier
shortcuts around the ice and going out into Franklin Street, whi'
heavily traveled than Fowler. That is the point where the supervisor
is an unsafe act.
Ms. Epps said the mail carrier told her if any one given house on an
block is not shoveled, he will not deliver that block. Ms. Epps sai
vacant homes and lots all up and down Franklin Street that aren't
care of, and as homeowners who take care of their property or try t
being singled out and being discriminated against.
Mayor Hurley explained that Mr. Barnes is calling him back and will
that he or management representative, the postal carrier an.
representative will meet city staff. They will walk the entire fiv
each side of the street and point out the problem areas. Mayor Hurle
that he was led to believe that a thorough sanding and the mail ca
deliver the mail. Mayor is hoping that this will be a breakthrough t
area back on a mail delivery.
Ms. Epps noted since the warmer weather last week 90 percent of th-
are clear, but the homeowners who have the vacant homes and the land
empty lots are not doing anything with their sidewalks. Mayor Hurle
the city is tracking those folks down, and if they are out o
unresponsive, the city will take care of the sidewalks and asses
against their property taxes.
Page 10
s for the
o the 300,
homes are
gh there.
something
The issue
er and not
s passable
was taking
h is more
said that
0
A citizen pointed out the mailman walks down Fowler Street everyda
why can he walk down Fowler Street but he can't walk down Frankl
Hurley responded he can't answer that question, but he thinks the di
the traffic volume. LL
Mayor Hurley explained there is free sand throughout the city for sidewalks and
driveways and read the 11 locations.
one given
there are
eing taken
, they are
ame a time
a union
blocks on
commented
rier would
get their
sidewalks
wners with
responded
town or
the cost
and asked
n. Mayor
ference is
Jerry Collins, 1957 Franklin Street, stated he talked to Gary Barnes, the
postmaster, who said that neither he or his staff went with the engineers to
free up Franklin. The city is saying one thing and the postmaster is saying
another thing, and we need to come together to resolve this problem. Mr.
Collins noted there are three empty lots right across the street from him, and
the owners of the fish market between Lafayette and Sycamore own them.
Councilperson Hart commented that he feels one of the best thing that can
happen is a meeting where people instead of saying this group says that, this
needs to be clear, or this group is saying one thing, that we have the meeting
tomorrow and we bring some folks to the table to see what we can d to make a
win/win situation. The neighbors definitely have the council's su ort to do
what we can in our ram of what we can do to make those things happen.
Ms. Epps asked if residents can attend the meeting. Mayor Hurley 4sponded it
is not a public meeting and asked that the citizens let the city and post office
take a shot at it. Mayor Hurley is including the Engineering, Traffic and
Street Departments. It is his understanding that they are going tb walk the
sidewalk panel by panel on both sides.
Ben Stickley, 1626 Franklin Street, commented this used to be Highwiay 20, and
years ago they turned this area from 2 -lane into 4 -lane. A lot of this is the
city's fault because they push all that slush and snow onto the sidewalk. The
residents have no place for that snow because of the distance between the
sidewalk and the curb.
• •
January 14, 2007
• •
Page 11
Oral Presentations continued
Forrest Dillavou, 1725 Huntington Road, commented that last we.k it was
announced that there were going to be some wonderful things happen ng at the
Rath Administration Building, and he thinks that is wonderful. The 1.st part of
last week and Sunday people got in the Rath Building. One report wa that they
were carrying flares around and the police caught them on the roof of the Rath
Administration Building. Again, last night they caught or chased f•ur people
and caught two people. They had been there twice within the last w ek. This
building is not secured anymore. One of them said there are three op-nings that
they could get in and out of in the Rath Building. We don't want t. have this
burn down and lose this wonderful opportunity for Waterloo. He thi s we need
to secure it, and through the asbestos removal find some kind of a y to keep
it secured because somebody's going to get hurt, killed or burn t e building
down.
Ryan Madison, 650 Dawson Street, commented that he thinks it is a •reat thing
that the developer is going to develop the Rath Building, but he thin s it was a
bad choice for the city to sell this building for a dollar and not ask the
question of what is going to happen to this building, what are t -y putting
there. And then ask the questions about traffic, noise pollutio , and the
population that it is going to bring. This building is labeled as inustrial so
the gentleman who owns this building is a business man, he is lookins at it to
make money, and he is not looking for the good of the community. He can put a
meat packing plant there. Nancy said that is probably not true, but Noel
Anderson confirmed it, and the city cannot take any legal recourse. It was a
bad, bad decision for the city to sell a building for a dollar and of zone it
for commercial or not zone it for a specific thing that would be go.d for that
part of the community. Mr. Madison stated he drove a block away fr.m the Rath
Building, and saw a house with graffiti that said thieves are her- and this
house is the reason. He called Don Temeyer about four times and as ed can the
city do something to prevent uninhabited structures from just sitting there, can
there be an inspection done every three or four years to keep t ings from
happening, and has not received an answer. Mr. Temeyer says he needs to talk to
the fire department, and the fire department is sitting right there SQ why can't
they talk and give him an answer. This is a building less than a mi a from two
schools, the roof is collapsed and it is unsafe for kids. The city i not doing
what they need to do. Mr. Madison does not believe the council is making it
safe for the communities on the eastside of town. Mr. Madison re'terated he
feels it was a bad decision to sell a building for a dollar and n t let the
citizens have a town hall meeting. He wanted it to be tabled to ave a town
hall meeting to see what this gentleman wants. Councilperson Hart sked about
investors, but what he was really asking about was tenants, and the guy played
around with the question and didn't fully answer the question. Dlr. Madison
submitted a picture of a building on Mulberry Street and a picture ofla building
on West Parker Street.
Mayor Hurley responded these building may already be in the system. There is a
very detailed process that the city goes through to get to a point of taking
possession and demolishing these kinds of buildings.
Mr. Madison noted it didn't take overnight for those buildings to happen like
that. The city should do some kind of inspection every five years. r. Madison
noted he is on a platform committee pushing for an ordinance for peo le who own
rental homes. They should be certified to be able to rent a house, they should
be able to know how to do plumbing, the basic things that need upkeep on the
house. We have slumlords, Waterloo is a safe haven for slumlords and bad
renters, and there should be something done about it.
Mayor Hurley responded the city has code enforcement officers and adopted the
Property Maintenance Code. We have commercial inspections through the fire
department every five years, which is required by state law. This city leads
the state in the use of a new state law that was adopted two years ago, its
called Chapter 657A, which gives us quick possession of abandoned or perceived
abandon properties. Maybe its not fast enough, but the case is not that we are
doing nothing because we are doing a lot.
Mr. Madison commented that there are ReMax signs in front of all t ese houses
with the same guy trying to sell these abandoned structures on the east side,
and he asked if there is a way we could put some kind of fine against a house or
not allow a house to be sold until it is brought up to code. There a e a lot of
issues, there are a lot of loopholes in what the city is trying to do.
January 14, 2007
Oral Presentations continued
Doug Carter, Fire Chief, reported that he and Mayor Hurley have had
one conversation on addressing some standard rental housing and we do
improve the situation. Chief Carter asked Mr. Madison when he co
these properties to call his office, give him an address and he wil
staff people look into it. Chief Carter commented that we have add
continue to address this issue.
Councilperson Hart noted that that Councilman Reggie Schmitt has
active in the dilapidated housing meetings. Councilperson Hart spoke
Western from the Planning office today to see what list we have, an•
over 125 houses and structures with the possibility of being demolis
there is a hefty list.
Councilperson Reggie Schmitt noted that even if we streamline this ho
it down, it is still going to be six months. There is a lot of staff
mostly it is legal time. We have 125 houses in process right no
demolished 40 homes in the past year and a half and this one wil
months. Starting with who owns it, its has an assessed value at the
and it has owner of record, then who has liens on it, and who h
certificate sale. We have to research all of that information and
single one of those have to be notified. This property may take ei
certified letters that may or may not get answered. After that is d•
start the other process where its cited, we may have a court order
down but we still can't take it down because now your going to end
vacant lot and a huge bill to take it down, that is probably in t
$6,000.00 to $10,000.00. Then we do all the legal filings on a 657A,
a cost, and then it has to sit for 60 days to see if anybody respon•
Then we have to publish notification in the paper to every person
get notified or did not answer their certified mail, which we do w
waiting for our 60 days, then we get a court hearing. The court he
thatthat house is abandoned, it gets awarded to us, then we get inu
removal, contract letting and everything else. Six months from star.
and that's if we streamline it and don't do any other homes.
Councilperson Hart commented that the process is good to understand,
is some type of urgency.
Councilperson Reggie Schmitt noted there is
neighborhood associations. We take the
generates our main list plus what Planning
are at the top of the list.
a priority and it is dri
top two off their list
& Zoning adds to that li
Page 12
more than
intend to
nes across
1 have his
ressed and
been very
with Chris
there are
ed now so
se to take
f time but
, we have
take
ourt house
s the tax
then every
•ht or ten
ne then we
to take it
up with a
range of
which has
s to that.
i o did not
ile we are
ring shows
o asbestos
to finish
six
that there
ven by the
and that
st. Those
Mayor Hurley commented the urgency starts with him, but the limitation is time
for one thing and then the dollars it takes because that comes frc}m federal,
state or taxpayer dollars. Something out of all of our pockets to qet the job
done, and those dollars are limited and have many other uses for them.
Reggie Schmitt/Welper
that the above oral comments be received and placed on file. A es: Six.
Absent: Cole. Motion carried.
ADJOURNMENT
126474 - Reggie Schmitt/Getty
that the Council adjourn at 6:57 p.m. Ayes: Six. Absent: Col
carried.
Nancy`Lckert, CMC
City Clerk
• •
Motion