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HomeMy WebLinkAboutMinutes-07/07/2008July 7, 2008 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, July 7, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Steve Schmitt, Welper, Reggie Schmitt. Absent: Hart, Greenwood. Moment of Silence. Pledge of Allegiance: Harold Getty, Ward 3 Council Member. 127402 Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, July 7, 2008, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Hart, Greenwood. Motion carried. 127403 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed,•for the Regular Session on Monday, June 23, 2008, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Hart, Greenwood. Motion carried. CONSENT AGENDA 127404 - Reggie Schmitt/Welper that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-47, dated July 7, 2008, in the amount of $1,761,223.01, 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. 2008-565. 2. Communication from Police Chief transmitting request of Convention & Visitors Bureau to conduct the American Legion State Convention Parade on July 12, 2008 from 6:00 - 7:00 p.m., with route traveling east on W. 4th crossing the Cedar River, crossing over on Sycamore or Lafayette to E. 5th Street across the river to W. 5th and Commercial, then Commercial to W. Park Avenue. Resolution adopted and upon approval by Mayor assigned No. 2008-566. 3. Communication from Police Chief transmitting request ofateway Endurance Training to hold Youth Triathlon on August 16, 2008 binning at 8:00 a.m. at the Lost Island Waterpark and Hawkeye CommunitCollege Campus, with bike route starting at the Waterpark southbound on Hess Roads towards Hawkeye Community College one mile and return northbound on Hess Road to the Waterpark. Resolution adopted and upon approval by Mayor assigned No. 2008-567. 4. Communication from City Clerk transmitting request of Knights of Columbus for a variance to the noise ordinance on August 29, 2008 from 5:30 - 9:30 p.m. for a band playing in the parking lot of 1955 Locke Avenue in conjunction with the National Softball Tournament, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-568. 5. Communication from City Clerk transmitting request of Splash Pool Inc., 3321 Ansborough Avenue, for a variance to the noise ordinance on July 19, 2008 from 7:00 - 10:00 p.m. in conjunction with a live band, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-569. July 7, 2008 Page 2 Consent Agenda continued 6. Communication from City Clerk transmitting request of The Crew M.C. for a variance to the noise ordinance on July 12, 2008 from Noon to Midnight in conjunction with a live band playing at 830 W. Donald Street, together with recommendation of denial of Police Chief. b. Motion -to approve the following: 1. Communication from Superintendent of Streets transmitting recommendation of appointment of Larry Smith, Randall Eckhoff, Clint Bagenstos and Phong Vu to the position of Operator I, effective July 8, 2008 or a mutually agreed upon date, subject to successful completion of physical and drug test. c. Beer/Liquor License Permit Class C Las Margaritas, 2822 University (Includes Sunday Sales) Cafe Bar Fontana, 801 Commercial (Includes Sunday Sales) BJ's Bar and Billiards, 110 Ida (Includes Sunday Sales) Benevolent & Protective Order of Elks, 407 (Expires 6/30/09) (Includes Sunday Sales) Cadillac Lanes, 650 LaPorte Road (Renewal) Sunday Sales) The Drunken Monkey, 307 W. 4th Street (New) Sunday Sales) Avenue (Renewal) Street (Renewal) Street (Renewal) d. Outdoor Service Area Application BJ's Bar and Billiards, 110 Ida Street Cadillac Lanes, 650 LaPorte Road e. Vehicle for Hire Business License Application Kip's Yellow Cab, Inc., 110 West 4th Street First Call Taxi, 1773 Independence Avenue f. Cigarette/Tobacco Permit Application Tiny's Bargain Corner, 500 Sycamore Lachiquita, Inc., 301 E. 4th Street Joan's 9'er, 929 W. 5th Street Blue River, 315 W. 4th Street Metro Mart, 3201 W. 4th Street Metro Mart, 2332 Falls Avenue E. Park (Expires (Expires (Expires Avenue (Expires 7/25/09) (Expires 6/30/09) 6/30/09) 7/31/09) 7/29/09) (Renewal) (Includes (Includes g. Bonds. Prior to a vote on the above motion, the following comments were heard. Councilperson Cole asked if any of the neighbors have been notified. Tom Jennings, Police Chief, responded he did not know if they had contacted the neighbors. Chief Jennings noted he talked to the Knights of Columbus representative, and the speakers will be facing LaPorte Road in an easterly direction and kept down so the sound doesn't vibrate or bounce off the building back into the neighborhood. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Hart, Greenwood. Motion carried. HEARINGS & BIDS 127405 - Getty/Cole that proof of publication of notice of public hearing on Purchase of Six Solar -Powered Radio -Controlled Flashing Beacons, UST -8155(703)-4A-07, as published in the Waterloo Courier on June 27, 2008, be received and placed on file. Ayes: Five. Absent: Hart, Greenwood. Motion carried. • • July 7, 2008 • • Page 3 Hearings & Bids continued 127406 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Welper that the hearing be closed. Ayes: Five. Absent: Hart, Greenwood. Motion carried. 127407 - Getty/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with the Purchase of Six Solar -Powered Radio - Controlled Flashing Beacons, UST -8155(703)-4A-07", be adopted. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-570. 127408 - Getty/Cole that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-571. 127409 - Getty/Cole to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Bond Bid Amount Brown Traffic Products Inc., Davenport, IA 5% $55,050.00 Traffic Control Corporation, Ankeny, IA $1,378.50 $27,570.00 Ayes: Five. Absent: Hart, Greenwood. Motion carried. 127410 - Getty/Steve Schmitt that proof of publication of notice of public hearing on Collection Storage, Phase I for Center For The Arts, as published in the Waterloo Courier on June 27, 2008, be received and placed on file. Ayes: Five. Absent: Hart, Greenwood. Motion carried. 127411 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Lawrence Wheeler, 433 Bratnober, asked if the city applied for federal aid from the National Endowment of Arts. Cammie Scully, Director of Cultural and Arts Commission, explained the money was raised during the capital campaign for the construction of the Youth Pavilion. Funding for the permanent storage of the collection comes from the exhibit fund, which is private foundation funds, government funds but no city funds. The Youth Pavilion project has been completed, exhibits have been completed and the collection storage is the last phase of the whole project. Getty/Cole that the hearing be closed and oral comments be received and placed on file. Ayes: Five. Absent: Hart, Greenwood. Motion carried. 127412 Getty/Steve Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with the Collection Storage, Phase I for Center For The Arts", be adopted. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-572. July 7, 2008 Page 4 Hearings & Bids continued 127413 - Getty/Steve Schmitt that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-573. 127414 - Getty/Steve Schmitt that communication from Director of Cultural & Arts Commission transmitting recommendation of award of contract in the amount of $68,328.00 to OSDI of Des Moines, Iowa in conjunction with Collection Storage, Phase I for Center For The Arts, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-574. UNFINISHED BUSINESS 127415 - Cole/Reggie Schmitt that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $217,396.00 to Harrison Truck Center of Elk Run, Iowa in conjunction with Purchase of Two 2009 Snow Control Trucks, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-575. 127416 - Cole/Reggie Schmitt that communication from Airport Director transmitting recommendation of award of contract in the amount of $424,002.15 to K. Cunningham Construction of Cedar Falls, Iowa in conjunction with General Aviation Apron and Taxilanes Rehabilitation Phase II for Waterloo Regional Airport, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-576 PETITIONS FROM PUBLIC 127417 - Cole/Reggie Schmitt that communication from Police Chief transmitting request of 4-H and Youth Development Field Specialist for a variance to Ordinance 5-2-6B, Discharging and Possessing Air Rifles and Similar Devices; Exceptions, on July 25, 2008 to fire air rifles as part of a demonstration for the 4-H Shooting Sports Program in conjunction with Black Hawk County 4-H & FFA Fair held on the Cattle Congress Grounds, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-577. 127418 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting request of Deere and Company for a minor site plan amendment to the "M -2,P" Planned Industrial District for a 16,000 sq. ft. addition on the south side of the Ridgeway Avenue facility, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-578. • • July 7, 2008 • • Petitions from Public continued 127419 - Cole/Reggie Schmitt Page 5 that communication from Community Planning & Development Director transmitting request of property owners at 815, 821 and 825 Bayard Street to vacate approximately 150 feet of public sidewalk generally located in the 800 block of Bayard Street, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 14, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper commented that he thought this request was to be denied, that he did not see approval of the Planning, Programming and Zoning Commission. Mayor Hurley, explained the Planning, Programming and Zoning Commission recommended approval, but staff is recommending denial. If council approves this request at next week's public hearing, the residents have to get their permits by July 18, 2008 and have the work completed by August 1, 2008. If council denies the request, then the sidewalks stay and will have to be fixed. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-579. DOCUMENTS 127420 - Steve Schmitt/Welper that communication from Airport Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $424,002.15 with K. Cunningham Construction of Cedar Falls, Iowa in conjunction with General Aviation Apron and Taxilanes Rehabilitation Phase II for Waterloo Regional Airport, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-580. 127421 - Steve Schmitt/Welper that communication from Police Chief transmitting Memorandum of Understanding with City of Cedar Falls and Black Hawk County for allocation of FY2008 Justice Assistance Grant (JAG) in the amount of $22,840.00 for funding of Tri -County Drug Task Force, with Police Department's share of $11,721.00, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-581. 127422 - Reggie Schmitt/Welper that communication from Police Chief transmitting agreement with Department of Justice, Crime Victim Assistance Division for Federal Violence Against Women grant in the amount of $31,555.00, with city match of $10,518.00, to be used for Domestic Abuse Response Team (DART) Program, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-582. July 7, 2008 Documents continued 127423 - Steve Schmitt/Welper Page 6 that communication from Superintendent of Waste Management Services transmitting addendum to contract with Corkery, Inc. of Waterloo, Iowa for transfer and disposal of recyclable wastes at a cost of $31.98 per ton, be received, placed on file and "Resolution approving said addendum", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Tim Shea, Superintendent of Waste Management, explained the contract with Corkery is to sort through the recyclable materials for resale. Mr. Shea noted that in 2003, the next responsible bid was over $35.00 per ton. The proposed increase is primarily due to fuel increases. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-583. 127424 - Steve Schmitt/Welper that communication from Planner II transmitting request of Terry Scheffert for tax exemptions on improvements totaling $59,640.00 for property located at 1534 Longfellow Avenue 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: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-584. 127425 Steve Schmitt/Welper that communication from Associate Engineer transmitting Notice of Discontinuation of storm water discharge covered under Iowa NPDES General Permit 2 with Iowa Department of Natural Resources in conjunction with F.Y. 2006 Prescotts Creak Area Sanitary Sewer and Water Main Extensions, Contract No. 703, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-585. 127426 - Welper/Steve Schmitt that communication from City Engineer transmitting request for allocation of additional $25,000.00 to Beck Disaster Recovery, Inc. for continued monitoring of debris removal for FEMA compliance, 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. Mayor Hurley explained that council approved the contract with Beck Disaster Recovery, Inc. (BDR) a few weeks ago. As of the close of business on July 5, 2008 almost 2,129 tons of debris had been collected, with the vast majority of the tonnage being sandbags. There were 773 tons of storm damaged debris and 525 tons of appliances disposed. The total billed costs so far is $140,975.00. The city entered into a contract with BDR with a not to exceed $25,000.00. BDR has an operations manager and three trained monitors on the street. They have two other open positions for monitors which they have not filled. At the average rate of labor per day, which is around $2,424.50, they have about 4 2/3 days remaining in this contract. The target date for Ceres Environmental Services, Inc. to be done picking up flood damaged debris is July 18, 2008. Ceres has been through Riverside and the evacuated areas. Mayor Hurley is proposing an additional not to exceed $25,000.00 for continued monitoring. In addition, Mayor Hurley would like to add two tasks to be inclusive of the $25,000.00, reconciliation of all Ceres' invoices and completion of the closeout paperwork for FEMA, which puts the risk of inaccuracies and not getting full funding from FEMA on Beck Disaster Recovery, Inc., not the city. • • July 7, 2008 Documents continued Councilperson Cole asked how reimbursable by FEMA. Jon Hogle, Vice President of their contract is reimbursable assistance program with a state Page 7 much of what the city is paying Beck is Beck Disaster Recovery, Inc., reported that as a Category A expense under the FEMA public match of an additional 10 percent. Councilperson Getty noted he has a problem with Ceres Environmental Services, Inc. They were in his area this afternoon with one truck. When the truck is full, the other equipment waits for the truck to go to the other side of town, dump it and come back and he questions why Ceres doesn't have more trucks. When council approved the agreement with Ceres they talked about how much equipment they were going to bring to Waterloo. Our Street Department picked up debris from Riverside Drive and had the whole area cleaned in half a day, and he feels it was a lot cheaper than Ceres, whether its FEMA paid or not. Councilperson Getty stated he is upset with the fact that Ceres does not have the equipment here like they told the city. The people from BDR are following Ceres and have no alternative but to sit and wait for the truck to come back. Councilperson Getty stated that the flooded areas smell, and this has been there for two weeks or better and it could have been gone two weeks ago. Ceres has had enough time to completely do the city if they would have had the equipment here. Councilperson Getty stated he visited the Engineers office and asked how many crews does Ceres have, and they did not know. Mayor Hurley commented he thinks Ceres has at possibly three because there are three monitors. corporate city limits as you can get from the 1 into the contract with Ceres on a per ton basis, its not volume. least two crews working, Greenbrier is as far in our andfill. The city entered its not time and materials, Councilperson Getty noted that contract with Beck Disaster Recovery is by the hour so that is costing the city more money. Eric Thorson, City Engineer, stated that as of this afternoon there are at least three crews working because there were crews in Greenbrier, crews in Riverview and crews over around the Edison school area. As Ceres cleans up the Edison school area, they will be moving more equipment towards Greenbrier because that is the next area on the list, and the crews in the Riverview area will move in another direction. Mr. Hogle reported there are two construction and demolition crews, two sandbag crews and one household hazardous waste and appliance crew out for a total of five crews, but some are doing different types of classification of debris. Councilperson Steve Schmitt explained he was in favor of hiring Ceres because he thought city staff was taxed enough with everything else they were doing and we needed the additional help to get that stuff moving, but he still believes that our city staff, whether its the FEMA paperwork or the monitoring of Ceres, has the ability to do that. Councilperson Steve Schmitt stated he understands its maybe not coming out of the city's budget because we are going to get it back from FEMA, but at the end of the day it is taxpayers' money, and he has a problem with taking taxpayers' money to have one taxpayer funded entity try to figure out the paperwork with another taxpayer funded entity. Mayor Hurley commented that there is an industry out there, and it isn't because this is simple or uncomplicated or that FEMA doesn't have very tight paperwork, and he knows we have the talents on staff as Eric Thorson said from the get -go that staff could be trained as monitors. A large chunk of engineering staff who are not otherwise engaged in regular business are not available for a variety of reasons. The city could have hired temps and sent them to FEMA for training. Mayor Hurley commented he did not want to take the chance that the city would miss something and end up not getting multiples of what this contract would cost us back from FEMA, and a lot of those dollars are tax dollars we have all contributed. Councilperson Steve Schmitt asked if the people Beck has on hand in Waterloo are local people. Mr. Hogle responded he brought in a management staff that consists of the operations manager and then one field monitor. Beck hired two local folks and put them through training and are providing the management oversight, the quality control, the paperwork. July 7, 2008 Page 8 Documents continued Mr. Hogle noted there two additional spots that would be filled with locals in the event that Ceres would bring in additional crews. Mr. Hogle stated his operations manager did indicate that one of the two sandbag crews is going to be diverted to construction and demolition. They are almost done with the sandbag work so we should see some relief in getting some additional trucks out into other parts of the city. Mr. Hogle stated two of the four folks working now are locally hired, being paid by his firm, and in the event that any other folks are needed they will be local hires. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Getty, Steve Schmitt. Absent: Hart, Greenwood. Motion failed. 127427 - Welper/Reggie Schmitt that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $467,737.83 with Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2008 Donald Street Trail, Contract No. 700, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-586. 127428 - Welper/Reggie Schmitt that communication from Assistant City Engineer transmitting Construction Plans for Sanitary Sewer serving Klingaman Park Fourth Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa and Treatment Agreement DNR Form 29 with Iowa Department of Natural Resources, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-587. 127429 - Welper/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting agreement with Midwest Janitorial Service, Inc. for services at a cost of $2,320.00 for Waste Management Services, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-588. 127430 - Welper/Reggie Schmitt that communication from Leisure Services Director transmitting agreement with VJ Engineering of Cedar Falls, Iowa at a cost of $1,000.00 for structural review and assessment of condition of the boat house building in Cedar River Park relating to flood damage, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-589. 127431 Welper/Reggie Schmitt that communication from Leisure Services Director transmitting Contracted Golf Course Rental Contract with Waterloo Jaycees for rental of city golf courses for a fee of $3,000.00 for the period of July 16-20, 2008, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-590. • • July 7, 2008 • 1 Documents continued 127432 Welper/Reggie Schmitt Page 9 that communication from Community Planning & Development Director transmitting Dwelling Unit Rental Agreement with Robert and Lucile Etringer for the lease of property located at 2375 Independence Avenue at a cost of $500.00 per month, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-591. 127433 - Reggie Schmitt/Cole that communication from Community Planning & Development Director transmitting Cooperative Agreement with City of Cedar Falls, Iowa Department of Transportation and INRCOG for development of a Corridor Planning Study for a portion of University Avenue from Highway 63 in Waterloo westerly to Highway 58 in Cedar Falls, at a cost of $200,000.00 with Waterloo's portion of 3.5 percent up to a maximum of $7,000.00, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-592. 127434 - Reggie Schmitt/Cole that communication from Community Planning & Development Director transmitting second amendment to Development Agreement with Con Agra Food Packaged Foods, LLC for expansion of the wastewater pretreatment and flow - equalization facility to accommodate Con Agra Foods recent expansion, be received, placed on file, and "Resolution approving said amendment to agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-593. 127435 - Reggie Schmitt/Cole that communication from Community Planning & Development Director transmitting Fifth Amendment to Reciprocal Easement Agreement with U.S. Bank National Association to extend temporary easement rights to June 30, 2009 as part of the purchase of a portion of the drive up parking lot at 425 Cedar Street, be received, placed on file, and "Resolution approving said amendment to agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-594. 127436 - Reggie Schmitt/Cole that communication from Community Planning & Development Director transmitting amendment #4 to the agreement with Craig Ritland Landscape Architects for design and construction inspection services for a sum not to exceed $7,000.00 in conjunction with the Waterloo Exposition Grounds, Phase I Project, be received, placed on file, and "Resolution approving said amendment to agreement", be adopted and Mayor and City Clerk authorized to execute the same. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper commented that he thought the intent was to save this building because it was a sound building for the Farmers Market. A few weeks ago the question was asked why can't we afford to put in windows that we intended to put in, and the answer was we didn't have the money. Now we are spending $7,000.00 for design and construction inspection services for a roof, and he asked where is the money coming to do this plus the new roof if we couldn't afford the windows. Noel Anderson, Community Planning & Development Director, responded as the building plans have evolved for the Public Market design, it became necessary to replace the roof. Some funds have been identified in the public market project contingency that should be able to cover these funds. July 7, 2008 Page 10 Documents continued Mayor Hurley noted that this is one of the reasons we couldn't do the windows. In review of the roof, it was discovered the roof would not hold the mechanicals so we went back and in cooperation with the WDC we said what we are going to do and can't do and this was part of it. Councilperson Welper asked if this building is worth saving. Mayor Hurley responded it is worth saving for the overall purposes of the public market and the storage and activities. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-595. 127437 Reggie Schmitt/Cole that communication from Community Planning & Development Director transmitting Development Agreement with Corstang Enterprises LLC (Craft Cochran) for development of 15,500 sq. ft. building with new minimum taxable value of $1,015,970.,00 on 1.5 acre site generally located at the southeast corner of Titan Trail and Cyclone Drive, including a city grant in the amount of $196,020.00 to purchase 1.5 acres of land and tax rebates for five years at 50 percent, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-596. 127438 Reggie Schmitt/Cole that communication from Community Planning & Development Director transmitting amendment to Development Agreement with Deer Creek Development LLC for development of the Craft Cochran building at the southeast corner of Titan Trail and Cyclone Drive, which will waive Deer Creek's right to the taxable revenue generated by the development, be received, placed on file, and "Resolution approving said amendment to agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-597. RESOLUTIONS TO BE ADOPTED 127439 - Reggie Schmitt/Cole that communication from Community Development Director transmitting request to pay $27,707.88 from Local Housing Assistance Program Housing Trust Fund to reimburse Community Development Block Grant account in conjunction with St. Mary's Villa, 123 E. Parker Street, 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. Mayor Hurley noted that Queen of Peach Parish owned St. Mary's Villa, a multi -family housing project in Waterloo. The city awarded CDBG assistance to Queen of Peace for required improvements at St. Mary's Villa. Queen of Peace sold the property to another entity, and the new use for the property did not qualify under the CDBG program. The U.S. Department of Housing and Urban Development is requiring the city to reimburse the CDBG account in the amount of $37,707.88. Queen of Peace, the previous deed holder, will pay $10,000.00 of that amount. This is not new money, we are just transferring funds from the Local Housing Assistance Program Trust Fund to reimburse the Community Development Block Grant account. Rudy Jones, Community Development Director, noted that the Fire Marshal said St. Mary's Villa needed some improvements, so the city assisted using CDBG funds. Queen of Peace sold the property and now the city has to return the funds. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Hart, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-598. • • July 7, 2008 • • ORDINANCES TO BE ADOPTED 127440 - Getty/Steve Schmitt Page 11 that "an Ordinance amending the 2007 Waterloo Code of Ordinances by repealing Section 7-5B-6, Payment, Assessment of Costs, of Article B, Weeds, of Chapter 5, Vegetation, of Title 7, Public Ways & Property; and enacting in lieu thereof new Section 7-5B-6, Payment, Assessment of Costs, Appeal, of Article B, Weeds, of Chapter 5, Vegetation, of Title 7, Public Ways & Property (waiver of administrative fee if fine is reduced by one-half upon appeal)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Reggie Schmitt explained this came from the city attorney's office. About Six weeks or so ago we added an administrative fee for multiple calls to the same property within the same calendar year. As part of that ordinance, there is also an appeal process where we added an administrative fee for the appeal process. This language will reimburse their appeal fee if they win their appeal and the fine is reduced by more than one-half. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Hart, Greenwood. 127441 - Cole/Reggie Schmitt that "an Ordinance amending the 2007 Waterloo Code of Ordinances by repealing Section 1-3-2, Municipal Infractions, of Chapter 3, General Penalty, of Title 1, Administration; and enacting in lieu thereof new Section 1-3-2, Municipal Infractions, of Chapter 3, General Penalty, of Title 1, Administration (creation of $100 administrative fee for second notice of violation and $300 for each additional notice in the same calendar year)", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Hart, Greenwood. Motion carried. ORAL PRESENTATIONS 127442 Mayor Hurley explained he information from volunteers operations either in filling crews to place the sandbags. volunteer hours as credit for our percent of the cost. We are requesting people's name, address, phone number, date and time that they volunteered, location of where they were either filling sandbags or where they were placing them. We are asking volunteers to contact the City Clerks office at 291-4323, fax the information to 291-4571 or e-mail by July 21, 2008. sent out a press release today requesting who helped generously during the sandbagging sandbags at our various sites or going out with This is FEMA related as the city can use those Mayor Hurley explained that the civil defense sirens are not intended for people to hear inside their homes, but they are intended for people who are outside to warn them to get into a safe enclosure and away from the storm. The city and Black Hawk County Emergency Management recommend that households and businesses purchase a NOAA all hazards whether alert radio to receive those warnings of life threatening situations. Tom Arthur, 526 Midlothian, stated he thinks that the folks who are sitting in this room have had one of the finest hours that he has seen in the 40 years he has lived in Waterloo. There may be lots of things the city would do differently if they had to do it again. Mr. Arthur noted the things that were done right: The city brought sandbags and sand, asked the media for help, and coordinated the train off of utilities. The fire department evacuated in water over their trucks. Security was provided during the flood and as the water receded residents were allowed back into their homes. Mr. Arthur stated he thinks Willie Keller has to be the best ambassador this town knows. Officer Keller used a Gator when the Red Cross and the Salvation Army couldn't get in with water, and he always brought it in with a smile and he transported residents back and forth. The water was turned off within a half hour when it was discovered that a water main was broken. The road was secured so that where it was washed out nobody would get hurt. When the water left the area on Saturday, Mayor Hurley personally answered the city phone to provide assistance because the water was turned off. A 3/8 inch water pipe was constructed to the area where he was working. The fire hydrant and broken water main were rebuilt. The water supply was tested so that we knew we could drink the water that was coming in. July 7, 2008 Page 12 Oral Presentations continued A community person was identified who lived in the area and Mayor Hurley met with that person several times. On the 4th of July, Mayor Hurley called that lead person and talked for quite a while about the status of the homes in the area so that that person could go back. Dumpsters were provided and people to pick up the material. Mr. Arthur said he feels this was our finest hour in his 40 years living here. Coleen Johnson, 1115 Main Street, Cedar Falls, explained that she has two rental homes that were flooded and unlivable. Ms. Johnson asked if anybody has an idea of what a homeowner can do. Ms. Johnson stated she met with FEMA but will receive no help because they don't live in the homes. They are nice homes and always rented for $600.00 per month. The home at 205 Harwood Avenue has brand new laminated floors. The other home at 2070 Locke Avenue the water went into the kitchen and she guesses the city will make her take out the subfloor, and they can't afford to have everything done. Ms. Johnson stated she registered with FEMA, and they told her to get a small business loan. Ms. Johnson stated she received a rejection from FEMA. Mayor Hurley said Ms. Johnson should hang onto that denial letter because depending on why FEMA denied it she can go through an appeal process. Noel Anderson, Community Planning and Development Director, explained that the City of Waterloo is putting together a questionnaire about the amount of flooding and the type of flooding in the different residences. The State of Iowa will be beginning their process of a hazard mitigation program for potential buyouts and things of that nature. Mr. Anderson noted at this point Ms. Johnson needs to get her information to him to be included in the questionnaire. Mayor Hurley noted he will have some time tomorrow with the County Board of Supervisors and FEMA executives and he is going to ask these kinds of questions for clarification. Mayor Hurley commented that individuals have some help and public entities get some help, but small business, large business industry that is something else. Ms. Johnson noted that she has an estimate of $30,000.00 to repair the basement at 205 Harwood Avenue. A big black walnut tree was also uprooted and is on the ground. The water came up through the basement floor and sand piled up from the floor leaving the house unsafe because there is no foundation. Reverend Edward Loggins III, 233 Oliver Street and Vice President of the Roosevelt Neighborhood Association, explained that they have concerns regarding 926 Linn Street which was once NCS Neighborhood Store. They understand it is about to change hands and the new owner wants to apply for a liquor license, and they are very concerned. They have had a number of problems in that area, and they are trying to change the way things work there and having a liquor license at that address is not appropriate. Reverend Loggins stated they have already started petitions against whoever is trying to get a liquor license. Mayor Hurley noted that Chief Jennings is pursuing clarification from the City Attorney regarding the liquor license application for this address. Renee Carson, 1108 Vine Street and representing Common Grounds Neighborhood Association, stated they are standing with Roosevelt Neighborhood Association along with two other neighborhood associations that they don't want this liquor store in this area. Its already a troubled area, and bringing in that liquor store will make it even more trouble, more problems. They are trying to clean up that area, and they don't need a liquor store because they are concerned about the safety of the children and the elderly people who live in the neighborhood. These people should not have to sleep on the floor because of stray bullets. They don't want this element back because a liquor store is going to bring that kind of attention back into the area again and they will not support it. William Austin, 1413 Bluff Street, stated that while he was overseas in Iraq the city council voted for a no parking ordinance for the 1400 block of Bluff Street. Mr. Austin asked the council to re -address the no parking on Bluff Street as he has lived there almost ten years, they always parked on the sidewalks so that there was ample room for vehicles to get by. Its a very narrow street, but he found Ordinance No. 3514 filed with the County in which Bluff Street between 11th Street and where Williston would cross have been vacated by the city, which means that basically its not a street anymore. • • ,July 7, 2008 • 1 Page 13 Oral Presentations continued Mr. Austin stated he found that the Iowa Northern Railroad Company owns that portion and they own 50 feet from the center railroad track, and he doesn't know if that means 50 feet on both sides or 25 feet on both sides but 25 feet would be about to his sidewalk and 50 feet would be in his front porch. Mr. Austin stated he understands the reason that this was brought up was because they had a new neighbor move in and while he was gone his son had friends over and they parked in front of the neighbor's house and he could not park in front of his own house. There are people who have lived on that street for well over the 35 years. His neighbor owned the house he lives in and now owns the house next door and they always parked on that sidewalk. When Mayor Rooff was in office, his neighbor's husband had an agreement with him. Mr. Austin commented he understand that fire trucks can't make it through if they park on the street. Mr. Austin stated he works for the Waterloo Sewer Department and has driven big trucks down that road before. He has helped plow the streets in this town and been in many tight spots and knows that it is not fun to do that. Mr. Austin asked the council to re -address this ordinance and talk to the property owners as they are ready to vacate the sidewalk which would allow them to park on the sidewalk if it makes the road wider. Mayor Hurley stated the Traffic Department, Planning & Zoning Department or Fire Department will take a look at the ordinance referenced by Mr. Austin, but one of the main concerns was fire and ambulance access to get to Mr. Austin's front door. Noel Anderson, Community Planning generally a street is dedicated as can vacate a portion of the plat or It is still city property until it purposes such as a road. & Development Director explained that part of a platting process, and the city a specific segment like a street portion. is sold, but it is not for right-of-way Forrest Dillavou, 1725 Huntington Road, stated that a lot of the city workers did a wonderful job throughout the flooding process. A lot of people were helped, a lot of people helped each other. There is one area of town that got flooded twice, that is Black Hawk Road. First the creek came up and invaded houses. There are two families along there that have large families, six or seven kids. Waterloo Fire Rescue pulled out six or seven kids from one house. They went down to another house and pulled out a handicapped person who was in a wheel chair. They got those out safely, and they went around other areas around Black Hawk Creek. After it was over he helped carry out of their house one of the families who didn't require any assistance. Code Enforcement went out and said they were sent by the mayor's office and issued them a citation about some of their property that floated off into city property. He thinks this was terrible timing as the owner was trying to clean up his house and get his multiple children back in their home. Either Code Enforcement or the mayor's office called the DNR and asked them to also go out and give this family a citation. One of these kids is in a wheelchair. After the first flood when they were trying to clean their homes so they could get their family back in, a little kid in a wheelchair came to him on a rainy day and said, "could you give me a ride home so I could help my parents clean their home so I can get back home." Mr. Dillavou stated he thinks that it is bad that the city did something like that to someone who is suffering drastically. He realizes that there are some ongoing problems between that family and the City of Waterloo, but when they were trying to get back in their home, code enforcement issued a citation to give them five days to get their debris off the city land. Lawrence Wheeler, 433 Bratnober, stated he is in the Common Ground Neighborhood Association and he would like to sign the petition against the liquor store. Mr. Wheeler stated there is still looting and scavenging of the flood debris in the Common Ground neighborhood. People have been using St. Vincent De Paul at both Fairview and Broadway as a dump. At Jordan shopping center people have been dumping flood debris next to the Denver recycling bins. When Denver comes to empty the bins, they can't even wench it up on the truck because there is a great big giant mountain of debris piled in front of the container. Mr. Wheeler noted that he doesn't feel Denver Construction has been staying on top of the recycling bins at some of the shopping center. People just leave stuff on the ground, the wind gets a hold of it and scatters it through the neighborhoods, and it is becoming very unsightly. The recycling sites that have become a nuisance are Arrow and Jordan between 4th and 5th Street on the Westside of town, Hometown Foods on Stn Street, and the Ridgeway Plaza over by Walgreen's across from Covenant Hospital. July 7, 2008 Page 14 Oral Presentations continued Mr. Wheeler stated he complained to the Fire Department about the Family Dollar Stores on Broadway and Franklin Streets, and either the Fire Department is not doing its job or we have a habitual offender with them sticking cardboard boxes and shrink wrap inside of shopping carts. They park it in front of the fire doors and leave all kinds of debris in the alley and the aisles. We have ADA violations because if a person wanted to go in the shop in their wheelchair they cannot navigate those aisles. Fire Chief Doug Carter stated he will check on the Family Dollar Stores. Getty/Cole that the above oral comments be received and placed on file. Ayes: Five. Absent: Hart, Greenwood. Motion carried. ADJOURNMENT 127443 - Cole/Reggie Schmitt that the Council adjourn at 6:59 p.m. Ayes: Five. Absent: Hart, Greenwood. Motion carried. re -412- -4)-• "IL N'an� cy Eckert, CMC City Clerk • •