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HomeMy WebLinkAboutMinutes-06/16/2008June 16, 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, June 16, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. 127278 - Reggie Schmitt/Greenwood that the Agenda, as amended, for the Regular Session at 5:30 p.m., be accepted and approved. Ayes: Seven. 127279 - Reggie Schmitt/Greenwood that the Minutes, as proposed, for the Regular at 5:30 p.m., be accepted and approved. Ayes: on Monday, June 16, 2008, Motion carried. Session Seven. Mayor Hurley read a Proclamation declaring June Pump Day. Mayor Hurley read a Proclamation declaring June 20, 2008 as Summer Harmony Day. on Monday, June 9, 2008, Motion carried. 19, 2008 as National Dump The CONSENT AGENDA 127280 - Reggie Schmitt/Greenwood that the following items on the consent agenda be approved: a. Resolutions to approve the following: received, placed on file and 1. Resolution approving Schedule AP640, pp. 1-75, dated June 16, 2008, in the amount of $1,039,256.46, 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. 2008-498. 2. Communication from Police Chief transmitting request of Lou Porter to hold KBBG-FM 31st Annual Parade on August 16, 2008, starting at 10:00 a.m., with route to begin on E. 4th & Donald Street, proceed south on E. 4th Street, east to Newell Street, south on Mobile Street, east to Sumner Street and end at Ferguson Field Park on Linden Avenue. Resolution adopted and upon approval by Mayor assigned No. 2008-499. 3. Communication from Police Chief transmitting request of Waterloo to hold BBQ'LOO & BLUES, TOO on July 18-19, 2008 in and location of food vendors on 4th Street from Franklin Street, Mulberry Street from 4th Street to Park Avenue, and Avenue from Mulberry to entrance to CENEX gas station. Main Street Lincoln Park to Mulberry closing Park Resolution adopted and upon approval by Mayor assigned No. 2008-500. b. Motion -to approve the following: 1. Communication from City Clerk transmitting recommendation of appointment of Douglas Anderson to the position of Clerk II, effective June 30, 2008. 2. Communication from Community Planning & Development Director transmitting recommendation of appointment of Chris Western and Shane Graham to the position of Planner II. 3. Frank Krogh, Police Lieutenant, to attend Background Investigations for Public Safety in Omaha, Nebraska on July 13-15, 2008, with costs not to exceed $678.00, including use of city vehicle. 4. Donna Lesyshen, Waterloo Housing Partnership Coordinator, to attend NeighborWorks America Training Institute on Foreclosure and Homeownership Counseling Course in Chicago, Illinois on August 17-22, 2008, with costs not to exceed $270.00. June 16, 2008 Page 2 Consent Agenda continued 5. Lou Cutwright, Building Official/Maintenance Administrator, to attend International Code Council 2008 Annual Conference in Minneapolis, Minnesota on September 13-19, 2008, with costs not to exceed $2,459.00. c. Beer License Permit Application Class C Metro 66, 3201 West 4th Street (Renewal) (Expires 6/30/09) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C The Last Sunday Chaser's Sunday Sales) Vic's Lounge, 1106 Level, Sales) Pub, 3005 118 East e. Bonds. 11th Street (Renewal) (Expires 6/19/09) (Includes University Avenue (Renewal) (Expires 7/7/09) (Includes LaPorte Road (Renewal) (Expires 7/16/09) Ayes: Seven, with Councilperson Steve Schmitt abstaining on payment in the amount of $1,137.79 to Schmitt Telecom Partners, Inc. Motion carried. ASSESSMENT HEARING 127281 - Getty/Hart that proof of publication of notice of public hearing on Sidewalk Inspection and Repair Program - Zone 8, as published in the Waterloo Courier on May 29, 2008 and June 5, 2008, be received and placed on file. Ayes: Seven. Motion carried. 127282 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported a letter was received late this afternoon from Regina Jamieson and council members and Eric Thorson have been given a copy. Ms. Jamieson has property at 128 Kingbard Boulevard and she feels that not enough time was given. verl Johnson, 815 Bayard Street, explained they have a sidewalk that starts in the middle of the block. It starts at the alley and it runs south, and stops eight or ten feet short of the end of the block. There are three addresses on that block: 815, 821 and 825. The other residents are present tonight, and we are talking about $2,000.00 for repairs for a sidewalk that goes nowhere. No one uses the sidewalk. Anyone who walks up and down Bayard Street walks in the street. Mr. Johnson stated the residents don't see any point to having the sidewalk. Councilperson Greenwood explained he lives right around the corner from these folks at 224 Byron. He has a sidewalk that has an $1,800.00 repair bill and the sidewalk goes nowhere. It sits in the front of his parking lot. It starts at the corner of St. Francis Drive and it goes up to his entrance into the parking lot and stops. There is nothing on as it goes up the street to the west. Everybody who walks on that street on Byron Avenue walks on the north side of the street, so he feels the residents' frustration regarding a sidewalk that doesn't go anywhere. Councilperson Getty asked if council decides to eliminate the existence of the sidewalk at 815, 821 and 825 should that be included in the motion now or does that come back to council. Eric Thorson, City Engineer, explained there is a process to have sidewalk vacated. An application has to be made with the Planning & Zoning office, which is reviewed by staff and then placed on a Planning & Zoning Commission meeting for recommendation for council who makes the final decision. Mr. Thorson stated that if folks go through that process and the sidewalk is ultimately determined to be vacated, they still have to remove it and then fill it in with dirt, seed it or sod, so there is still a cost. Mayor Hurley noted that over the years the city has talked about the intention to complete our sidewalk system, and this would be a step backwards. The intention has been to someday have the funding to have sidewalks. Currently, if a new housing plat or neighborhood is developed, sidewalks have to be included. • • • June 16, 2008 Page 3 Assessment Hearing continued Mayor Hurley noted it was the skip and miss kind of thing over the years as we approved plats that some have sidewalks and right across the street they don't. Mr. Thorson stated they would certainly recommend that residents make application very quickly so that they may fit in with the time frame of the next Planning & Zoning Commission meeting and then on to council. There is a 45 day period that started on May 30, 2008 for folks to determine what they would like to do. Whether they would like to fix the sidewalk through hiring their own contractor, pursue a vacation type of action or whether they would like to leave their sidewalk and let the city fix it under the assessment program. Mr. Thorson noted that currently the City of Waterloo and the City of Cedar Falls are working through the school system and some federal money that comes in through the state to do safe routes to the school. Sidewalk review and there are monies being made now to complete sidewalks, so we will have to look at all those things in relation to these requests. It is up to the homeowners to decide how they want to proceed and whether they want to start that process or continue on with either repair or letting it go into the city's assessment program. Noel Anderson, Community Planning & Development Director, noted that there has been a growing trend in a lot of our subdivision plats for the provision of recreational trails in some of our business centers, such as the Greenbelt Center and the Country Club business center. We have also required some sidewalks in some of those business areas as well as the new residential developments. We have also been working with the schools and INRCOG for further sidewalk provisions for schools as well as looking at the capital improvements program for providing gaps. That is one of the reasons why the vacation of a sidewalk goes through the Planning Commission to review each one on its own merits. The turn -in date for the Planning Commission for July is tomorrow. A resident explained her husband has already filled out a paper and sent it in but nobody has called back. He sent it in as soon as they found out that it had to be repaired. They live on the corner, the sidewalk doesn't even go down to the road, it just stops. He sent in a letter saying that he doesn't went the sidewalk and he has never heard anything back. Mr. Thorson noted to the best of his knowledge they haven't seen that yet but he will check on that tomorrow. Getty/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 127283 - Getty/Hart that "Resolution authorizing proposed repairs to sidewalks", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-501. UNFINISHED BUSINESS 127284 - Greenwood/Steve Schmitt that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $876,375.98 to Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2008 E. 4th Street Reconstruction & Streetscape Improvements (Division I & Division II + Alternate 1, Contract No. 742, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-502. June 16, 2008 DOCUMENTS 127285 - Greenwood/Steve Schmitt Page 4 that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $876,375.98 with Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2008 E. 4`n Street Reconstruction & Streetscape Improvements (Division I & Division II + Alternate 1, Contract No. 742, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-503. 127286 - Greenwood/Steve Schmitt that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $75,599.47 with Scott's Electric of Waterloo, Iowa in conjunction with 2008 Lafayette Park Electrical Improvements, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-504. 127287 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting Brownfield Project Financial Assistance Agreement with Iowa Department of Economic Development for $175,000.00 forgivable loan for the continued demolition and asbestos removal work at the former Chamberlain Manufacturing site, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-505. 127288 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting amendment to agreement with Howard R. Green for professional services at a cost of $7,500.00 for continued demolition of buildings at the former Chamberlain Manufacturing site, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-506. 127289 - Greenwood/Steve Schmitt that communication from Director Substantial Completion of Project for work performed by Cardinal $31,302.00 held as retainage, in Center For The Arts, be received, documents", be adopted. Ayes: of Cultural & Arts Commission transmitting and Recommendation of Acceptance of Project Construction at a cost $4,404,118.00, with conjunction with Youth Pavilion Addition at placed on file and "Resolution approving said Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-507. RESOLUTIONS TO BE ADOPTED 127290 - Steve Schmitt/Welper that "Resolution approving and authorizing a form of Loan Agreement and authorizing and providing for issuance of $300,000.00 General Obligation Capital Loan Notes, Taxable Series 2008C, and levying a tax to pay said notes", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-508. • • • • June 16, 2008 Page 5 Resolutions to be Adopted continued 127291 - Steve Schmitt/Welper that communication from Community Planning & Development Director transmitting request to approve and accept acquisition of the former Lafayette School generally located at the corner of Lafayette Street and Indiana Street, be received, placed on file and "Resolution approving acquisition of said property", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked about the timeline with doing something with the Lafayette School and does the city have funding for asbestos removal and demolition. Noel Anderson, Community Planning & Development Director, responded the city does have bond money allocated for demolition activities. There is no asbestos report for the building at this time, so we will begin with doing an asbestos survey, then removal and then demolition. Mayor Hurley noted its a nice combination of land for track housing, housing development or something else. The will own it and we will have to take care of it once the building is down. Mayor Hurley stated he thinks the potential advantages in that neighborhood for some new housing or new commercial development outweighs the short term risks the city might have. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-509. ORDINANCES TO BE ADOPTED 127292 - Reggie Schmitt/Hart that "an Ordinance vacating a portion of alleys generally located in Block 7 and Block 8 of Rose Hill First Addition and Ash Street between Sumner Street and Cottage Street and rescind Ordinance No. 4866 in its entirety due to an error in the legal description", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 127293 - Reggie Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 127294 - Reggie Schmitt/Hart that "an Ordinance vacating a portion of alleys generally located in Block 7 and Block 8 of Rose Hill First Addition and Ash Street between Sumner Street and Cottage Street and rescind Ordinance No. 4866 in its entirety due to an error in the legal description", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4910. 127295 - Reggie Schmitt/Hart that "an Ordinance amending Ordinance No. 3842, known as the Traffic Code, by adopting the 2008 Traffic Code for the City of Waterloo, Iowa", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 127296 - Reggie Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 127297 - Reggie Schmitt/Hart that "an Ordinance amending Ordinance No. 3842, known as the Traffic Code, by adopting the 2008 Traffic Code for the City of Waterloo, Iowa", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4911. June 16, 2008 Page 6 Ordinances to be Adopted continued 127298 - Hart/Steve Schmitt that "an Ordinance amending the 2007 Waterloo Code of Ordinances by repealing Subsection B, Discharging and Possessing Air Rifles and Similar Devices; Exception, of Section 5-2-6, Discharging Weapons, of Chapter 2, General Offenses, of Title 5, Police Regulations; and enacting in lieu thereof new Subsection B, Discharging and Possessing Air Rifles and Similar Devices; Exception, of Section 5-2-6, Discharging Weapons, of Chapter 2, General Offenses, of Title 5, Police Regulations (allowing person with valid fishing license to use bow and arrow during time periods permitted by state law and city stipulations)", be received, placed on file, considered and passed for the second time. Prior to a vote on the above motion, the following comments were heard. Mike Hertges, 1904 Falls Avenue and owner of Mike's Archery, commented there are hundreds and hundreds of people who bowfish in Waterloo and in the metropolitan area. It's a very safe sport. The arrow is captured by a line, you retrieve your arrow back every single time. Mr. Hertges stated that as far as he knows they have never had an accident in the City of Waterloo or in the metropolitan area. Mr. Hertges stated they are supported by the local DNR who are fully in favor of this ordinance. Mr. Hertges encouraged the council to pass this for the second and third time. Councilperson Getty asked if archers have to pass a proficiency test. Mr. Hertges responded not during bowfishing, but most of the people who bowfish also hunt in the urban area. Most of these guys already have taken the International Bowhunters Safety Course. Mr. Hertges stated it is very safe, you shoot at a downward motion all the time and retrieve your arrows all the time. Councilperson Reggie Schmitt noted that the language for bowfishing is pretty much the same as for hunting within the city limits. There are a total of nine restrictions and the basic one for the bowfishing is it has to be done from a boat. Mr. Hertges stated that 99 percent of the people who bowfish do not have a boat because they bowfish from the bank. Councilperson Reggie Schmitt noted there are nine restrictions covering that the arrow must be constructed of a solid shaft arrow; the type of point used; the arrows tethered with a cord no more than 20 foot in length; 50 pound test; while bowfishing always shoot tethered arrow directly into the water; there is language about picking up the fish; staying away from dwellings, places of business, other structures likely to be occupied by other people; all bowfishing must take place from a boat; bowfishing is not allowed from the bank, any boat dock or while waiting. Mr. Hertges stated that is not really the ordinance they were looking as 99 percent of the bowfisherman fish from the bank, and that what has been written is not acceptable. Requiring them to bowfish from a boat eliminates 99 percent of them. Tom Jennings, Chief of Police, stated that part of the reason we are having this discussion is because of the complaints the police department is receiving from the community that bowfishermen were fishing in public areas and populated areas. The police department had a number of calls of concern from the public because of the method in which it was being done, the area it was being done, traffic problems. Chief Jennings noted that no one from the DNR has contacted the police department. Councilperson Getty stated when this was first brought up he made the statement he was opposed to this ordinance change in its entirety. When it came back that the bowhunters would have to bowhunt from a boat, in the back of his mind he knew that the only bowhunters he has seen are standing alongside the river or standing alongside wherever they are at and bowhunt. Councilperson Getty stated he was opposed to it in the very beginning because of the missile bouncing off the water or off of a rock, and he will continue to oppose it. Mayor Hurley asked if Councilperson continues to have that fear knowing that the arrows are tethered with no more than 20 feet of line. Councilperson Getty responded yes because of the fact that most bowhunters, as was stated, won't use a boat or don't use a boat. • • • June 16, 2008 Ordinances to be Adopted continued Councilperson Steve Schmitt asked if the prior ordinance allowed bowfishing. Mayor Hurley responded it was not allowed. Councilperson Steve Schmitt commented that we are not confining bowfishing, we are opening the door to bowfishing. Councilperson Steve Schmitt commented he received calls from folks he knows from scouts who are bowhunters, deer hunters primarily, but they do bowfish at George Wyth. They are in favor of this and would echo what Mr. Hertges said that this the way that they do it. Its just like hunting with a gun, if you abide with the rules, he thinks it is a safe sport. Councilperson Steve Schmitt stated he thinks what we are trying to do is to put some rules in to not do this in populated areas, to not do this near some homes and that type of thing. Based on what he has heard from folks who bowhunt and are in favor of this, he will be in favor of the ordinance. Councilperson Steve Schmitt noted this may be more restricted than what Mr. Hertges wants, but he would recommend to him that this is opening the door for them. See how this goes and then come back again at some point down the road and see if council can maybe expand the rules somewhat. Page 7 Councilperson Reggie Schmitt commented he had one of the local Scout Masters stop him during one of our sandbagging operations, and he explained to him the same restrictions and he was all in favor of it. He supports it because they teach the safety, they teach archer, they teach bowfishing as well as hunting with a bow, and he said he was totally in favor of what was written here. Paul Hutting, Leisure Services Director, stated his understanding was we were going to open this up to fishing in the parks, but he thinks the boat restriction effectively eliminates bowfishing from the banks in our parks. Mr. Huting stated if council is going to allow it as Mr. Hertges is requesting, the Leisure Services Commission should weigh-in on that and discuss it because that would change the way that things are currently being managed in our parks. What council has before them tonight is not an issue, with restricting bowfishing from a boat, because boats are not allowed in most of our parks except adjacent to the Cedar River. Mr. Huting noted if council is comfortable with this proposed change, he doesn't think it will impact the parks. Mayor Hurley asked where do the hundreds of people who bowfish do that. Mr. Hertges responded right now 80 percent of them fish at George Wyth State Park and 99 percent of them bowfish from the bank. Mayor Hurley noted the technical problem with George Wyth allowing it is that George Wyth is now part of the City of Waterloo in terms of jurisdiction, so he doesn't if DNR rules supercede the city's rules. Chief Jennings stated this is the first time they had any input from the DNR. The Police Department is getting the phone calls, getting the complaints. There are a number of people upset about the way the bowhunters are fishing and the Police Department is receiving calls for service, its causing traffic problems. Chief Jennings stated he thinks we have to have rules and respect people's property and not do it in public areas. There has got to be a certain amount of safety and people are nervous when people are walking around with bows shooting in populated areas, shooting in traffic areas. Chief Jennings suggested removing this from the agenda and working with the DNR to see if they want to start policing it and taking care of that problem because the Police Department is talking the phone calls, not the DNR. Tom Jennings stated the calls are coming from neighborhoods, populations, intersections where people are in fear because people are running around with bows and shooting arrows. Hart/Greenwood that the above item be tabled. Prior to a vote on the above motion, the following comments. Councilperson Reggie Schmitt asked what is the expectation to tabling. Right now, there is no such thing as bowfishing in the City of Waterloo. Its discharging a weapon and we have opened it up from a boat only. Councilperson Hart stated he doesn't want to create and continue to put an ordinance in place that doesn't have an impact on 99 percent of the people that actually bowfish. If they are not doing it from a boat already, then why would we put in an ordinance and not have further discussion because there is no one doing it right now. June 16, 2008 Page 8 Ordinances to be Adopted continued Councilperson Hart stated he doesn't see how we can if the communication hasn't been from the DNR to our police, who are very high stake rollers in this entire process then how can we continue to put something in to do bowfishing from a boat when it is obvious that we need more communication taking place between both entities. A vote was taken on the motion to table with the following result. Ayes: Getty, Hart, Welper. Nays: Cole, Greenwood, Steve Schmitt, Reggie Schmitt. Motion failed. 127299 - Councilperson Greenwood called the question. A vote was taken on the original motion to receive, file, consider and pass for the second time with the following result. Ayes: Five. Nays: Getty, Hart. Motion carried. 127300 - Hart/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Getty. Motion carried. 127301 - Hart/Greenwood that "an Ordinance amending the 2007 Waterloo Code of Ordinances by repealing Subsection B, Discharging and Possessing Air Rifles and Similar Devices; Exception, of Section 5-2-6, Discharging Weapons, of Chapter 2, General Offenses, of Title 5, Police Regulations; and enacting in lieu thereof new Subsection B, Discharging and Possessing Air Rifles and Similar Devices; Exception, of Section 5-2-6, Discharging Weapons, of Chapter 2, General Offenses, of Title 5, Police Regulations (allowing person with valid fishing license to use bow and arrow during time periods permitted by state law and city stipulations)", be considered and passed for the third time and adopted. Ayes: Five. Nays: Getty, Hart. Ordinance adopted and upon approval by Mayor assigned No. 4912. 127302 - Cole/Reggie Schmitt that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (B), Composition of Board, of Section 9-1A-3, General Contractors Board of Licensing, Examiners and Appeals, of Article A, Building Contractors, of Chapter 1, Building Code, of Title 9, Building Regulations; and enacting in lieu thereof new Subsection (B), Composition of Board, of Section 9-1A-3, General Contractors Board of Licensing, Examiners and Appeals, of Article A, Building Contractors, of Chapter 1, Building Code, of Chapter 1, Building Code, of Title 9, Building Regulations (adding fire protection engineering professional and industrial safety professional)", 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. Doug Carter, Fire Chief, reported this ordinance will include a person with expertise in fire alarm systems and a person with expertise in sprinkler systems. There are two openings on the current board which will fill these two requirements. As another seat comes up, they would like to fill it with a safety hygienist or industrial safety hygienist. The Fire Code says we shall have an appeals board so we are developing an appeals board for fire code issues within an existing board. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 127303 - Cole/Reggie Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. • • • • June 16, 2008 Ordinances to be Adopted continued Page 9 127304 - Cole/Reggie Schmitt that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (B), Composition of Board, of Section 9-1A-3, General Contractors Board of Licensing, Examiners and Appeals, of Article A, Building Contractors, of Chapter 1, Building Code, of Title 9, Building Regulations; and enacting in lieu thereof new Subsection (B), Composition of Board, of Section 9-1A-3, General Contractors Board of Licensing, Examiners and Appeals, of Article A, Building Contractors, of Chapter 1, Building Code, of Chapter 1, Building Code, of Title 9, Building Regulations (adding fire protection engineering professional and industrial safety professional)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4913. NEW BUSINESS 127305 - Hart/Cole that "Resolution ordering preparation of a final plat and schedule of assessments in conjunction with F.Y. 2008 Sidewalk Repair Assessment Program - Zone 7, Contract No. 724", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-510. 127306 - Hart/Cole that "Resolution adopting and levying final schedule of assessments and providing for payment thereof in conjunction with F.Y. 2008 Sidewalk Repair Assessment Program - Zone 7, Contract No. 724", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-511. Getty absent at 7:02 p.m. 127307 - Welper/Steve Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 West Commercial Street Extension Storm Water Pumps, Contract No. 750, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 127308 - Welper/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 West Commercial Street Extension Storm Water Pumps, Contract No. 750, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 127309 - Welper/Steve Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2008-512. 127310 - Welper/Steve Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as July 14, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2008-513. 127311 - Welper/Steve Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 West Commercial Street Extension, River Road Relocation and Storm Water Pump Station, Contract No. 720, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. June 16, 2008 New Business continued 127312 Welper/Steve Schmitt Page 10 that plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 West Commercial Street Extension, River Road Relocation and Storm Water Pump Station, Contract No. 720, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 127313 - Welper/Steve Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2008-514. 127314 - Welper/Steve Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as July 14, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2008-515. 127315 - Welper/Steve Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 127316 - Welper/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 127317 - Welper/Steve Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2008-516. 127318 - Welper/Steve Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 23, 2008 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2008-517. Getty present at 7:04 p.m. ADJOURNMENT 127319 - Cole/Hart that the Council adjourn at 7:05 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk r