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HomeMy WebLinkAboutMinutes-06/23/2008• • June 23, 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 23, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: Quentin Hart, 4th Ward Council Member. 127320 - Reggie Schmitt/Welper that the Agenda, as amended, for the Regular Session on Monday, June 23, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 127321 - Reggie Schmitt/Welper that the Minutes, as proposed, for the Regular Session on Monday, June 16, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. CONSENT AGENDA 127322 - 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. 1-111, dated June 23, 2008, in the amount of $4,149,932.42, 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. 2008-518. 2. Resolution approving request of Main Street Waterloo to hold Friday'loo event on June 20, 2008 on Lafayette Street between 4th and 5th Streets and to use the East Park Avenue ramp for parking. Resolution adopted and upon approval by Mayor assigned No. 2008-519. b. Motion -to approve the following: 1. Greg Bagsby and Chris Leach, Rehabilitation Specialists, to attend Recertification School for Sampling Tech/Visual Risk Assessor and Inspector II/Risk Course in Dubuque, Iowa on August 20-22, 2008, with costs not to exceed a total of $890.00, including use of city vehicle. 2. Kye Richter and Al Bovy, Police Officers, to attend SWAT Operations Class in Sioux City, Iowa on September 14-19, 2008, with costs not to exceed $430.00, including use of city vehicle. 3. Steve Newell, Police Officer, to attend NASRO Active Shooter Response School in Des Moines, Iowa on June 23-27, 2008, with costs not to exceed $1,185.00, including use of city vehicle. 4. Rebecca Johnson, Human Rights Specialist, to attend EEOC Conference in Altoona, Iowa on August 1, 2008, with costs not to exceed $339.00, including use of city vehicle. 5. Communication from Mayor Tim Hurley transmitting recommendation of appointment of Mike Gerst to the General Contractors Board of Licensing, Examiner and Appeals, with term expiration date of July 18, 2010 and Steve Aries, with term expiration date of July 18, 2009. c. Beer License Permit Application Class C Prime Mart, 3535 Marigold Drive (Renewal) (Expires 8/8/09) (Includes Sunday Sales) June 23, 2008 Consent Agenda continued d. Beer/Liquor License Permit Application Class C Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/28/09) Page 2 e. Liquor License Permit Application Class A El Mecca Shrine Club, 325 E. Park Avenue (Renewal) (Expires 6/20/09) (Includes Sunday Sales) f. Beer/Wine License Application Special Class C Main Street Waterloo, 613 Lafayette (temporary transfer -6/20/08) g. Outdoor Service Area Application Casey's 218 Pub, 4010-4018 University Avenue h. Fireworks Display Application Waterloo Jaycees, 4th Street between Commercial & Sycamore on July 5, 2008 i. Bonds. j. Going Out of Business Application Victoria Room 221 West 4th Street k. Cigarette/Tobacco Permit Application Sixty-six (66) applications on file Ayes: Six. Absent: Cole. Motion carried. 127323 - Getty/Hart that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $246.92 per tonnage to Ceres Environmental of Brooklyn Parks, Minnesota and Contracts, Bonds and Certificates of Insurance in conjunction with 2008 Flood Debris Removal for the City of Waterloo, Iowa, be received, placed on file and "Resolution approving award of said contract and contracts and bonds", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported that bids were sent to eight companies for the 2008 Flood Debris Removal, five from the local area and three from outside the Cedar Valley area. Four bids were submitted, and Ceres Environmental from Brooklyn Park, Minnesota was the low bidder. The bid was to have things picked up in four categories: appliances need to be separated, sandbags should be separated, household hazardous materials should be separated and then everything else is the debris which can be in another pile. Citizens should place those item in the area between the property line and the edge of the street or the back of the curb so the contractors can pick that up quickly and move along. Mayor Hurley emphasized that the flood debris materials need to placed on the city parking or the sidewalk in front. Neither city departments nor the contractor hired by the city will go on private property to pick up material. Tom Trizna, Ceres Environmental, explained that Ceres is about a 30 year old firm, having done more than 60 FEMA funded projects. Over that timeframe, they were one of the prime contractors for Rita and Katrina for the U.S. Army Corp of Engineers. Ceres is well -versed in the pick-up and removal process and final disposal of waste in floods, tornados, ice storms, hurricanes, etc., with a wealth of expertise on the project management end. Ceres has a huge amount of equipment of their own and contractors. Mr. Trizna noted that one of his collateral duties is to also be a hub zone for ADA, Historically Underutilized Business liaison to gather the local or regional subcontractors that are within the area that do have some expertise and the ability to lend a hand. That way Ceres can keep a lot of the federal dollars in the local economy. Councilperson Getty asked if the debris will be taken to the Black Hawk County landfill and asked about the timeframe. Mr. Trizna responded they will be taking the debris to the landfill. Mr. Trizna noted there wasn't a specified timeframe, but they are prepared to get going at least by Friday morning, but they are shooting for Thursday morning. Part of the contract documents mentioned a form for the surety bonds, and he will get those documents to Eric Thorson by Thursday morning. • • • • June 23, 2008 Page 3 Ceres will have the trucks here tomorrow afternoon or tomorrow night and do the FEMA required measurements of the trucks, pictures, all the necessary documentation. Ceres will also assist with the FEMA reimbursement paperwork, which is formidable. Mayor Hurley noted that a completion date of July 31, 2008 is in the contract document. The waste will go to solid waste landfill except for hazardous household waste which will be collected at our own waste management secure site and then taken care of from there. Councilperson Getty commented he is concerned about getting started as its bad in the neighborhoods, and it seems like between now and Friday is a long time to wait. Mr. Trizna noted Ceres is shooting for Thursday, and that its been their best move to under promise and over deliver. Mr. Trizna noted they have stacks and stacks of recommendations from cities, counties, the Corp of Engineer, and federal government recommending their performance. Mr. Thorson reported that Ceres submitted all of the other paperwork that was required by our bid specifications with their bid, except for the bond which typically they would not have to submit that until after it is awarded. Mr. Trizna commented that once they get some maps from the city, they will grid the city and then the city can prioritize what areas to do first. Councilperson Greenwood asked if there is a do not exceed amount, at $246.00 per ton are we going to clean up all the city and what would be the funding source for this project. Mayor Hurley responded putting a line item on it, he would guess out of the garbage fund, but that part of the public assistance help that FEMA gives is to reimburse the public pick up. Mayor Hurley commented this is not a city wide pick up, but for flood areas, and he will prioritize in the areas of the city that got heavily hit. Councilperson Greenwood asked how will the city police this. Mayor Hurley responded we will have somebody as a liaison working closely. Mayor Hurley stated he is going to rely on the good character of the people of Waterloo to understand that if its abused, it is just going to cost them more of their own tax dollars. Mayor Hurley noted that there was a clean up Saturday at LAFNOW Neighborhood, and normally we clean up four or five cubic yard containers, and Saturday we took 32 containers to the landfill and there is probably that much more again piled up there. Mayor Hurley noted that the city put the 30 cubic yard containers on San Souci Drive and on Riverside Drive so the people didn't have to haul. Quite a few tons have been picked up and put into containers, and some of the businesses are doing it by their own contract. Councilperson Hart noted before the meeting he drove by Lafayette Park, and there is a pretty nice sized pile there. Councilperson Hart asked if the wind would happen to pick up, would the debris be blowing around the entire neighborhood. Mayor Hurley responded we will have to police it and clean up after ourselves. Councilperson Hart asked how the city will communicate to the residents regarding the debris pick up, will it be communicated in the newspapers. Mr. Trizna explained it is essential to communicate to the citizens to segregate the waste streams into the four different waste categories as it expedites the pick-up. Mr. Trizna stated there will be large trash transfer trucks that have articulating hydraulic grapples that reach down. Its a self -loading truck, and it is essential to pack that truck to get the most amount of tons. Mr. Trizna noted its important to communicate not to stack around fire hydrants, mailboxes or water meters. Mr. Trizna noted where it is available they try to use as many local contractors. Mr. Trizna explained that Ceres' website has a very friendly prequalification process, and Ceres will approach those businesses that have taken the time to get pre -qualified and jumped through the State's hoops by first calling them to see if they are interested. They will then go through some training and testing, and they have to have all FEMA approved road equipment and have all the necessary safety equipment. Mr. Trizna explained that Ceres has 450 pieces of their own gear, everything from a pickup truck to a 3 ton truck through tub grinders which is a giant chipper with a half a jet engine through the large self -loading trucks. June 23, 2008 Page 4 Councilperson Hart asked if there is a possibility of installing a snow fence around the Lafayette area, and Mayor will ask the Street Department to look into that. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-520. HEARINGS & BIDS 127324 - Getty/Hart that proof of publication of notice of public hearing on F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743, as published in the Waterloo Courier on June 17, 2008, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127325 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 127326 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-521. 127327 - Getty/Hart that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-522. 127328 Getty/Hart that proof of publication of notice of public hearing on Purchase of Two Snow Control Trucks, as published in the Waterloo Courier on June 16, 2008, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127329 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 127330 - Getty/Hart that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Two Snow Control Trucks", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-523. 127331 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-524. • • • • June 23, 2008 Hearings & Bids continued 127332 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Page 5 Bid Bid Bidder No Trade With Trade Truck Country, Cedar Rapids, IA $228,626.00 $226,926.00 Hawkeye International, Waterloo, IA $226,534.00 $225,534.00 Harrison Truck Center, Elk Run, IA $220,396.00 $217,396.00 Ayes: Six. Absent: Cole. Motion carried. HEARINGS 127333 - Hart/Greenwood that proof of publication of notice of public hearing on request of Budke Properties to vacate, sell and convey a portion of West Airline Highway adjacent to 3533 West Airline Highway to allow for construction of a monument sign for $1.00, as published in the Waterloo Courier on June 16, 2008, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127334 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming & Zoning Commission, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127335 - Hart/Greenwood that "an Ordinance vacating a portion of West Airline Highway adjacent to 3533 West Airline Highway to allow for construction of a monument sign", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 127336 Hart/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 127337 - Hart/Greenwood that "an Ordinance vacating a portion of West Airline Highway adjacent to 3533 West Airline Highway to allow for construction of a monument sign", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4914. 127338 - Hart/Greenwood that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-525. 127339 Hart/Greenwood that proof of publication of notice of public hearing to vacate a driveway easement and a telegraph easement on Lots 1 through 3 in Block 3 of James Eggers Addition and unplatted land adjacent on city -owned property generally located at the southwest corner of Commercial Street and Mullan Avenue for the purpose of a new US Bank drive-thru facility, as published in the Waterloo Courier on June 16, 2008, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. June 23, 2008 Page 6 Hearings continued 127340 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming & Zoning Commission, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127341 Hart/Greenwood that "an Ordinance vacating a driveway easement and a telegraph easement on Lots 1 through 3 in Block 3 of James Eggers Addition and unplatted land adjacent on city -owned property generally located at the southwest corner of Commercial Street and Mullan Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 127342 Hart/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 127343 - Hart/Greenwood that "an Ordinance vacating a driveway easement and a telegraph easement on Lots 1 through 3 in Block 3 of James Eggers Addition and unplatted land adjacent on city -owned property generally located at the southwest corner of Commercial Street and Mullan Avenue", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4915. DOCUMENTS 127344 Greenwood/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by Nielsen Building System of Racine, Wisconsin at a total amount of $292,908.00 in conjunction with Live Fire Training Building at Fire Rescue Training Facility, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-526. 127345 - Greenwood/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by Failor Hurley Construction of Hudson, Iowa at a total amount of $316,434.00 in conjunction with 2007 Window Replacement for Waterloo Public Library, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-527. 127346 Greenwood/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting one-year agreement with Midwest Janitorial Service for cleaning services at City Hall, Carnegie Annex and Police Department Training Center, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-528. • • • • June 23, 2008 Page 7 Documents continued 127347 - Greenwood/Steve Schmitt that communication from City Clerk transmitting renewal of general and auto liability, law enforcement, public officials, errors and omissions, and umbrella insurance with St. Paul Travelers Insurance for a premium of $552,969.00 and renewal of property insurance with Chubb for a premium of $162,730.00 for a total premium of $715,699.00, together with recommendation of approval of Insurance Committee, be received, placed on file and "Resolution approving renewal of said insurance policies", be adopted. Prior to a vote on the above motion the following comments were heard. Frank Dowie, PDCM representative, explained that there was a discussion with the insurance committee last Thursday morning, and we were all extremely pleased with the rates and premiums that St. Paul/Travelers gave to us this year for our renewal premiums. The premium, its called a flat renewal in the insurance industry, went down by .4 percent. We are increasing coverage under our blanket building and contents by $10.5 million and increasing coverage under our contractors equipment or mobile equipment floater by a little over $1 million. Our third area of increase is the general expenditures and under the general expenditures that is how the company writes up the general liability premium, and those were increased by over $6.7 million. Mr. Dowie noted this is the third year in a row that the rates have gone down. Mr. Dowie explained that last year we used the $56,000.00 savings and purchased an additional $3 million umbrella cover, which took us up to a total limit of $10 million. Mr. Dowie noted that the committee looked and talked about different attachment levels to prepare for the future, a self-insured retention, but we are not ready to do that yet. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-529. 127348 - Greenwood/Steve Schmitt that communication form City Clerk transmitting one-year renewal agreement for Third Party Administration work comp insurance with Alternative Service Concepts at a cost not to exceed $20,000.00 to provide administrative and claims services for self-funded work comp insurance and Safety National Casualty at a cost of $81,467.00 to provide stop loss coverage, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-530. 127349 - Greenwood/Steve Schmitt that communication from Police Chief transmitting one-year agreement with Waterloo Community School District to provide five School Resource Officers at a cost of $140,000.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-531. 127350 - Greenwood/Steve Schmitt that communication from Associate Engineer transmitting application with Iowa Emergency Management Division for Federal/State assistance under the Disaster Relief Act in conjunction with 2008 Flood, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-532. June 23, 2008 Page 8 Documents continued 127351 - Greenwood/Steve Schmitt that communication from City Engineer transmitting agreement with VJ Engineering of Cedar Falls, Iowa for engineering services at a cost of $1,397.50, with required 50 percent city match, in conjunction with F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-533. 127352 Steve Schmitt/Reggie Schmitt that communication from City Planner transmitting encroach agreement with Budke Properties LC to allow for monument sign and existing flag pole to encroach onto easement over a portion of vacated West Airline Highway, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-534. 127353 Steve Schmitt/Reggie Schmitt that communication from Fire Chief transmitting 28E Agreement with Cedar Township to provide fire and emergency medical response, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-535. 127354 - Steve Schmitt/Reggie Schmitt that communication from Director of Cultural & Arts Commission transmitting an application for Silos and Smokestacks National Heritage Area grant in the amount of $10,000.00, with required 50 percent match, for support of Public Art in the downtown, be received, placed on file and "Resolution approving said application", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt noted that both of those funds are not tax payer money, but they are being raised through contributions locally and business people. Cammie Scully, Director of Cultural & Arts Commission, responded they are using the framing of artwork in the amount of $30,000.00 which has been expended as one of the matches for the humanities grant, but otherwise they are raising contributions. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-536. 127355 - Steve Schmitt/Reggie Schmitt that communication from Director of Cultural & Arts Commission transmitting request to accept grant in the amount of $10,965.00 from Humanities Iowa to be used for the Inception, Intersections, Connections, Directions: Examining Haitian & Afro-Caribbean Art, with required matching in-kind/cash support of $10,965.00 minimum, be received, placed on file and "Resolution approving said grant", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-537. • • • • June 23, 2008 Documents continued Page 9 127356 - Steve Schmitt/Reggie Schmitt that communication from Community Planning & Development Director transmitting Consent to Transfer and Assignment with FDP CD, L.L.C. for the sale of Waterloo Industries Building as required by Section 502 of the original Development Agreement dated March 19, 1998, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley explained that there was a development agreement with Waterloo Industries to build the building, and that building is changing hands and this will do the same as the original agreement but with a different owner. Noel Anderson, Community Planning & Development Director, explained there was a lot of work by the city and by the company to get this site built in downtown Waterloo, including some acquisitions and some demolition of property that cost a lot of money. The original development agreement had a lot of provisions to make sure that the project went forward even if there was a sale in the middle of it or shortly thereafter. The improvements were obviously done since the professional office building is there, but there was still some follow-up needed in the development agreement which is what council is approving tonight. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-538. RESOLUTIONS TO BE ADOPTED 127357 - Steve Schmitt/Reggie Schmitt that "Resolution authorizing the City Clerk to certify against certain parcels unpaid life safety and rental inspection fees", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked how many parcels are there with unpaid safety and rental fee inspections. Nancy Eckert, City Clerk, responded she received that report this afternoon but did not have that with her, but will get those numbers for Councilperson Greenwood. Councilperson Greenwood asked why are people who don't pay their life safety and rental inspection fees allowed to do business with rental property business. Councilperson Greenwood stated he thinks that if a person is in the rental business, they should have enough respect for their renters to be able to supply a safe facility to live in and comply with the laws of paying for their inspection fees, and if they can't do that we shouldn't allow them to be in the business. Doug Carter, Fire Chief, explained the purpose of the inspection is to provide the renters with a safe habitat. Chief Carter stated the Fire Department would like to see changes, and they intend to bring forward a proposal to considerably change the way they do business. One of the directives he has given the fire marshal is for that division to be more business like. Chief Carter noted that the vast majority of the city's landlords are good and decent people who do good business, but there are some who feel that ignoring the Fire Department is a way around it. Chief Carter stated the current way of dealing with it is a lien on their property. The Fire Department would like to see some changes, and they are researching through legal and through the City Clerk to find ways that could address that more, possibly in small claims court as opposed to a lien on the taxes. James Walsh, City Attorney, explained right now this is a way to get paid, but it doesn't solve the other problem. If you attach it as taxes in almost every case we end up getting the money sooner or later. The problem with taking more punitive action would be that the next stop would be to just deny them an occupancy permit based on a non-payment. That raises some interesting constitutional takings issues. It may be possible to do that at some point. You may be able to say you can't get an occupancy permit if you don't have a inspection and you can't get an inspection unless you pay for the last one. June 23, 2008 Resolutions to be Adopted continued Chief Carter noted the Fire Department intends in the next few months to bring a proposal to the council on revamping the entire system. Page 10 Councilperson Greenwood in the city every year years and also on a approximately 8,000 to period is difficult and it takes manpower. asked if the Fire Department inspects every rental Chief Carter responded they are inspected every complaint basis. Chief Carter explained there 9,000 units. To inspect them all within a five unit five are year Councilperson Greenwood asked if the unit is inspected in 2008, but not 2009 are they billed in 2009 for a rental inspection. Chief Carter responded they are not billed an occupancy fee, but that is one of the things the Fire Department would like to see instituted. Council Bluffs is kind of the template for it, it is an occupancy fee with a self -inspection program by landlords. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-539. 127358 Steve Schmitt/Reggie Schmitt that "Resolution authorizing the City Clerk to certify against certain parcels unpaid garbage and sewer fees", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-540. 127359 - Steve Schmitt/Reggie Schmitt that "Resolution authorizing the City Clerk to certify against certain parcels unpaid mowing and lot cleanup fees", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-541. 127360 - Welper/Reggie Schmitt that "Resolution renaming private Kunz Drive to Yankee Drive generally located north of Falls Avenue between Maxwell Street and Ansborough Avenue", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that a letter was received from Betty Burch in opposition to this change. Councilperson Greenwood spoke in opposition of changing the name because of the letter from Ms. Burch who is retired and on Medicare who would have to change all her insurance information and mailing information, which can be quite a hassle. Councilperson Greenwood noted that if there are several people her age living in that area that would be quite an inconvenience for them, and he would be in opposition. Paul Fisher, 819 Kunz Drive, submitted a petition signed by 13 of the 16 residents of the mobile homes on this street in opposition. They think it is an inconvenience and see no need for it. They see it as change for the sake of change and in addition to that it would be difficult for people to find them. Right now they have trouble with people who are not familiar with this neighborhood and have difficulty locating them. If the name were changed, they would not be on the maps for two or three years and nobody could find them. They respectfully ask the council to deny this request. Councilperson Reggie Schmitt agreed with Councilperson Greenwood, and he noted that the street is one block long, its a private drive. It was sold by Kunz to Jones Properties, Jones Properties wanted to change it to Jones Circle but couldn't because other city names are too close to that so they asked to change it to Yankee Drive. It may be only one block long, but it is actually a single street in a trailer park that is going to effect 12-13 people, so its not as simple as what Planning, Programming and Zoning Commission sent to the council. • • • • June 23, 2008 Resolutions to be Adopted continued James Walsh, City Attorney, noted if council does not want to approve the name change, they should not approve it and we will see what happens. It may turn out that if the owner changes the name anyway there is nothing the city can do about it, but it certainly is an inconvenience to 15 people for no reason that anybody has stated other than changed ownership. Councilperson Welper noted there was a street in his neighborhood a few years ago that they talked about renaming and it was quite a hassle for all the residents with all the addresses, etc., and its not worth it. Page 11 Following comments a vote was taken on the above motion with the following result. Ayes: None. Nays: Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Cole. Motion failed. 127361 - Welper/Reggie Schmitt that "Resolution dedicating the west 7 feet of property located at 4727 Hoff Road for sanitary sewer easement purposes", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-542. 127362 - Welper/Reggie Schmitt that "Resolution approving an advance of funds not to exceed $425,000.00 for repayment from the Downtown Urban Renewal Tax Increment Revenue Fund and directing filing of certification under Iowa Code Section 403.19 to pay for completing a portion of the East Fourth Street Reconstruction & Streetscape Improvements Project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-543. 127363 - Welper/Reggie Schmitt that "Resolution approving an advance of funds not to exceed $30,000.00 for repayment from the Downtown Urban Renewal Tax Increment Revenue Fund and directing filing of certification under Iowa Code Section 403.19 to pay services provided by Main Street Waterloo", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-544. 127364 - Welper/Reggie Schmitt that "Resolution approving an advance of funds not to exceed $32,000.00 for repayment from the Airport Urban Renewal Tax Increment Revenue Fund and directing filing of certification under Iowa Code Section 403.19 to pay services provided by Greater Cedar Valley Alliance", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-545. 127365 - Welper/Reggie Schmitt that "Resolution approving an advance of funds not to exceed $32,000.00 for repayment from the Northeast Site Urban Renewal Tax Increment Revenue Fund and directing filing of certification under Iowa Code Section 403.19 to pay services provided by Greater Cedar Valley Alliance", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-546. 127366 Welper/Reggie Schmitt that "Resolution authorizing transfer of $7,195,000.00 from Trust & Agency Fund to General Fund to reimburse General Fund for employee benefits", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-547. June 23, 2008 Resolutions to be Adopted continued 127367 - Welper/Reggie Schmitt Page 12 that "Resolution authorizing transfer of $498,267.73 from Trust & Agency Fund to General Fund to reimburse the General Fund for emergency levy", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-548. 127368 Reggie Schmitt/Welper that "Resolution authorizing transfer of $47,430.00 from General Fund to Debt Service Fund in payment of debt payments made for the Five Sullivan Brothers Convention Center Renovation", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-549. 127369 Reggie Schmitt/Welper that "Resolution authorizing transfer of $397,980.00 from General Fund to Debt Service Fund in payment of Vision Iowa portions of general obligation bond principal and interest", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-550. 127370 Reggie Schmitt/Welper that "Resolution authorizing transfer of $2,015,933.40 from Tax Increment Financing Fund to Debt Service Fund for TIF portions of general obligation bond principal and interest", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-551. 127371 - Reggie Schmitt/Welper that "Resolution authorizing transfer of $1,650,610.04 from Sewer Fund to Debt Service Fund for sewer fund portion of general obligation bond and interest", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-552. 127372 Reggie Schmitt/Welper that "Resolution authorizing transfer of $1,288,366.61 from General Fund to Vision Iowa Projects Fund to transfer portion of the distributions from Black Hawk County Solid Waste Commission to the Vision Iowa Projects Fund", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-553. 127373 Reggie Schmitt/Welper that "Resolution authorizing additional transfers from General Fund to Vision Iowa Projects Fund in an amount to cover all additional expenses incurred through June 30, 2008", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-554. 127374 - Reggie Schmitt/Welper that "Resolution authorizing transfer of $13,809.50 from Series 2003 Bond Fund to Debt Service Fund to close Fund 413", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-555. 127375 - Reggie Schmitt/Welper that "Resolution authorizing transfer of $9,200.00 from Tax Increment Financing Fund to Capital Improvements Fund to reimburse amounts paid for the East Fourth Street Streetscape Project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-556. • • • • June 23, 2008 Resolutions to be Adopted continued 127376 - Reggie Schmitt/Welper Page 13 that "Resolution authorizing additional transfer from Tax Increment Financing Fund to Capital Improvements Fund to cover additional expenses incurred through June 30, 2008 for the East Fourth Street Streetscape Project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-557. 127377 Reggie Schmitt/Welper that "Resolution authorizing transfer of $94,000.00 from Tax Increment Financing Fund to General Fund to reimburse contract expenses paid by the General Fund", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-558. ORDINANCES TO BE ADOPTED 127378 Getty/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 1, Planning, Programming and Zoning Commission, of Title 2, Boards and Commissions, in its entirety; and enacting in lieu thereof a new Chapter 1, Planning, Programming and Zoning Commission, of Title 2, Boards and Commissions (changing to six members at large and one member from the Community Development Board, Human Rights Commission and Waterloo School Board and minor language change)", 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 Steve Schmitt noted that he has had conversations with some current and former Planning, Programming and Zoning Commission members, and they don't necessarily argue with the downsizing of this commission but they asked if this is an unusually large board or commission. Councilperson Steve Schmitt noted that he thinks the city has boards and commission with five to thirteen to fifteen members, so he doesn't think thirteen is an odd or out of proportion number. Councilperson Steve Schmitt stated he knows there was some discussion about the lack of a quorum, but it was pointed out that this is a thirteen member commission, but right now there are only eleven folks appointed to it. Councilperson Steve Schmitt asked if the city is having a problem with folks stepping up to get on these boards and commissions. One of the folks he talked to said that they were also on the Local Option Tax Board and they are down a couple of members. Councilperson Steve Schmitt stated he is not opposed to the downsizing of this commission but would like to take time to make sure that this is the only commission we should be looking at doing this or is there something we should be looking at in more of a general sense and be a little bit more encompassing. Mayor Hurley responded he feels we are in pretty good shape. We have a number of applicants. Sometimes they write in and they say they would like to be on this one and if not this one then that one, and if those boards are full we keep those active up to three or four years. Mayor Hurley stated that because of a vacuum otherwise pouring energy into boards and commissions and training them and making sure that they understand and everything is left in the mayor's office, and when he can get some help from other quarters, whether its the Boards and Commissions standing committee in recruiting, training and deciphering then it will move faster. Mayor Hurley noted that appointing members to the boards and commissions is the mayor's prerogative. The mayor makes the recommendation and council approves. Mayor Hurley noted that there are commissions such as the Local Options Sales Tax Commissions, and he has been promising to appoint more member. Councilperson Steve Schmitt noted that currently there are 11 members and asked if there is a plan on who goes and who stays when we downsize the membership to nine members. June 23, 2008 Ordinances to be Adopted continued Mayor Hurley responded he does not have a plan at this time, but there are probably some volunteers. There are good people who are interested in becoming a member of a board or commission and you have to do a little discernment about where you place them based upon their talents and their philosophical views of things. Page 14 Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Motion carried. 127379 - Getty/Reggie Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 127380 Getty/Reggie Schmitt that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 1, Planning, Programming and Zoning Commission, of Title 2, Boards and Commissions, in its entirety; and enacting in lieu thereof a new Chapter 1, Planning, Programming and Zoning Commission, of Title 2, Boards and Commissions (changing to six members at large and one member from the Community Development Board, Human Rights Commission and Waterloo School Board and minor language change)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4916. Councilperson Hart commented that with the conversation about absenteeism he would like to reiterate to those who serve on boards that it is highly important to continue to take that role seriously. Be at the meetings, find out what is going on and be accountable. 127381 - Hart/Steve Schmitt that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 5 -1B -3(G) and 5 -1B -3(H); Section 5 -1B -4(E) and Section 5 -1B -4(F); Section 5 -1B -7(B) and Section 5 -1B -7(N) and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof a new Section 5 -1B -3(G) and 5 -1B -3(H); Section 5 -1B -4(E) and Section 5 -1B -4(F); Section 5 -1B -7(B) and Section 5 -1B -7(N) and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations (clarification to ownership ban after two strikes)", 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 commented that just like any other city ordinances if there is not voluntary compliance there has to be consequences. This change puts additional teeth into the ordinance because there was a hole in the ordinance after the two strikes banning someone because they were irresponsible and not taking care of their animals, banning them from ever owning that animal again. If they had two strikes with dogs they are never allowed to own a dog again in the City of Waterloo. What this ordinance change does is provide written notification to them of that fact and adds a $500.00 fine and confiscation of the third animal because they are banned from ever owning another animal within the city limits. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Motion carried. 127382 - Hart/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. • • • 0 June 23, 2008 Page 15 Ordinances to be Adopted continued 127383 - Hart/Steve Schmitt that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 5 -1B -3(G) and 5 -1B -3(H); Section 5 -1B -4(E) and Section 5 -1B -4(F); Section 5 -1B -7(B) and Section 5 -1B -7(N) and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof a new Section 5 -1B -3(G) and 5 -1B -3(H); Section 5 -1B -4(E) and Section 5 -1B -4(F); Section 5 -1B -7(B) and Section 5 -1B -7(N) and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations (clarification to ownership ban after two strikes)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4917. NEW BUSINESS 127384 Steve Schmitt/Welper to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with Purchase of Six Solar -Powered Radio -Controlled Flashing Beacons, UST -8155(703)-4A-07, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 127385 - Steve Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with Purchase of Six Solar -Powered Radio -Controlled Flashing Beacons, UST -8155(703)-4A-07, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127386 - Steve Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-559. 127387 - Steve Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as July 7, 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-560. 127388 - Greenwood/Reggie Schmitt to instruct Director of Cultural & Arts Commission to prepare specifications, bid document, etc. in conjunction with Collection Storage, Phase I, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 127389 Greenwood/Reggie Schmitt that specifications, bid document, etc. in conjunction with Collection Storage, Phase I, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127390 - Greenwood/Reggie Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-561. June 23, 2008 Page 16 New Business continued 127391 - Greenwood/Reggie Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. as July 7, 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-562. ORAL PRESENTATIONS 127392 - Lawrence Wheeler, 433 Bratnober, noted that Mayor Hurley has asked people not to mix water debris with the regular garbage, but people are doing that. Mr. Wheeler stated that while driving around various parts of Waterloo he has seen people are putting flood debris out to the curb, and he has observed looters and scavengers going through the piles of debris. There are people who have documents that have gotten flood damaged, and if looters and scavengers are going through that, that opens the door for identity theft. Mr. Wheeler noted that people are putting appliances out to the curbs, and there are scavengers and looters going for items like refrigerators and removing the copper and aluminum radiators, discharging such items as Freon and other refrigerants into the air. Mr. Wheeler stated he has seen people putting flood damaged appliances out to the curbs and people are taking wire cutters and cutting cords off, and that should not be allowed. Mr. Wheeler stated when he first moved to Waterloo, he observed the same people on the bicycles riding around. Some of them are picking up deposit bottles on the curbs and the sidewalks. But there are others who he has seen looking in the back of vehicles, and if somebody has a pop bottle laying in the back of their pickup truck, these people are taking them and sticking them in their pockets or their backpacks. Some people are actually getting into vehicles and taking deposit bottles and cigarettes and other small items out of vehicles. People need to start locking their cars. Mr. Wheeler stated this has been going on in the 3rd and 4th wards, and he has seen isolated incidents over by Elmwood Cemetery. Ryan Madison, 650 Dawson Street, explained that he received a number of calls from individuals who asked him to push the envelope about economic development, and one lady called him who is handicapped and said that she felt as if it was the first or the fifth of the month. The first and the fifth of the month is when people get their checks and its pretty busy with one grocery store. With 40 percent of the population living on the eastside, council has the power when these people come in front of the city for permits or are asking for permission to develop to ask have they considered developing on the eastside and let the citizens hear their response when council asks this question. We can fix the issue or change whatever we need to change to get more development on the eastside. Mr. Madison commented that imagine if that Sans Souci bridge would have gave out with Hy -Vee not having any groceries. Imagine if that bridge would have gave out how would the people who are locked in their houses, who are handicapped, how would they have been able to get groceries with Hy -Vee being empty. Mr. Madison commented that the school on Lafayette Street looks ridiculous. Mr. Madison stated when he goes out to dump his yard waste, the guy asks him for his ID to make sure he is a citizen of Waterloo. There is nobody out there checking to see if people are actually flood victims or people just dumping their trash. He has seen car parts out there, which are not flood debris. Mr. Madison stated he feels we need to have somebody out there policing it because our tax dollars are being spent for people who have been in a disaster and people are taking advantage of that. Mr. Madison thanked Councilperson Greenwood for his comment about the landlords because that was something that needed to be stated. Mayor Hurley commented that concerning the comments about development on the eastside, that question is always present. A lot of times when economic development comes, it becomes kind of the reverse way as Mr. Madison stated. They don't come with a blank slate. They say you have some property here of x - teen acres and its got infrastructure, etc., and that is what we are looking for. It may not be over on the eastside but it might be. The Planning Department and our Economic Development people and those with whom we work with do have the eastside in mind always. If somebody comes and says specifically that we need to move to the northeast industrial park, that fits our bill, we are sort of helpless to say have you considered moving over to Fowler. It just doesn't work that way. There is a constant effort to attract and retain business throughout the community and the eastside, whatever its defined as, is never left off the table. • • • June 23, 2008 Page 17 Oral Presentations continued Getty/Greenwood that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127393 - Reggie Schmitt/Hart that the council adjourn to Executive Session at 7:07 p.m. Ayes: Six. Absent: Cole. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1) (j) (2007) . EXECUTIVE SESSION 127394 - Reggie Schmitt/Greenwood that the council adjourn Executive Session at 7:30 Cole. Motion carried. 127395 - Reggie Schmitt/Greenwood p.m. Ayes: Six. Absent: that Planning, Programming & Zoning staff be authorized to proceed. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 127396 - Reggie Schmitt/Hart that the Council adjourn at 7:31 p.m. Ayes: Six. Absent: Cole. Motion carried. A.Nevv-t3ccAll.._+. Nancy Eckert, CMC City Clerk