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HomeMy WebLinkAboutMinutes-03/24/2008ft March 24, 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, March 24, 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: Don Temeyer, Community Planning & Development Director. 126801 - Reggie Schmitt/Greenwood that the Agenda, as amended, for the Regular Session on Monday, March 24, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 126802 - Reggie Schmitt/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, March 17, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring March 24-30, 2008 as National Community Development Week. Mayor Hurley performed a Swearing -In of the following firefighters: Garrett Gingrich, Steven Spalla, Samuel Hess, Ian Wass. Mayor Hurley read a Proclamation declaring April 3, 2008 as Frank Gotch Day. CONSENT AGENDA 126803 - 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. 1-58, dated March 24, 2008, in the amount of $1,015,040.42, 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. 2008-213. 2. Communication from City Clerk transmitting request of Bruce Stiles for an exception to burning yard waste to burn approximately 3 acres of prairie grass located on Big Rock Road, 1/ mile west of Highway 63 during the time period of April 17 and May 17, 2008, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-214. 3. Communication from Police Chief transmitting request of Waterloo Jaycees to hold Jaycees Fireworks Festival on July 5, 2008 from 6:00 p.m. to Midnight, including live bands, food and beverage vendors, beer gardens and fireworks, and located on the 4th Street Bridge area, Veterans Memorial Park, Soldiers and Sailors Park, lot along 4th Street next to the Courier building and the Sixth Street Bridge. Resolution adopted and upon approval by Mayor assigned No. 2008-215. b. Motion to approve the following: 1. Chuck Carpenter, Chief Electrical Inspector, to attend 70th Annual Educational Meeting of the International Association of Electrical Inspectors in Waterloo, Iowa on April 9-11, 2008, with costs not to exceed $170.00, including use of city vehicle. 2. Communication from Director of Cultural and Arts Commission transmitting recommendation of appointment of Johanna Kramer -Westin to the position of Public Program Coordinator, effective March 25, 2008. March 24, 2008 Consent Agenda continued c. Beer License Class B South Hills (Includes Page 2 Permit Application Golf Course, 1830 E. Shaulis Road (Renewal) (Expires 3/31/09) Sunday Sales) d. Beer License Permit Application Class C Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/09) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/09) (Includes Sunday Sales) CU and the Cellar, 320 E. 4th Street (Renewal) (Expires 3/17/09) (Includes Sunday Sales) f. Outdoor Service Area Application South Hills Golf Course, 1830 E. Shaulis Road CU and the Cellar, 320 E. 4th Street g• Cigarette/Tobacco Permit Application Tiny's Bargain Corner, 500 Sycamore Street Ayes: Seven. Motion carried. HEARINGS & BIDS 126804 - Getty/Steve Schmitt that proof of publication of notice of public hearing River/Exchange Sports Complex Fencing Project, as published Courier on March 14, 2008, be received and placed on file. Motion carried. on 2008 Cedar in the Waterloo Ayes: Seven. 126805 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Steve Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 126806 - Getty/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2008 Cedar River/Exchange Sports Complex Fencing Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-216. 126807 - Getty/Steve Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-217. 126808 - Getty/Steve Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Century Fence Company, Waukesha, WI Iowa Fence Masters, Waterloo, IA Miller Fence, Waterloo, IA Ayes: Seven. Motion carried. $28,478.00 $33,500.00 $32,361.84 • • March 24, 2008 Hearings & Bids continued Page 3 126809 - Getty/Hart that proof of publication of notice of public hearing on Roof Replacement for Filter Building At Waste Water Treatment Plant, as published in the Waterloo Courier on March 4, 2008, be received and placed on file. Ayes: Seven. Motion carried. 126810 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Steve Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 126811 - Getty/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Roof Replacement for Filter Building At Waste Water Treatment Plant", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-218. 126812 - Getty/Steve Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-219. 126813 - Getty/Steve Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Service Roofing, Waterloo, IA 5% $117,439.00 Black Hawk Roofing, Cedar Falls, IA 5% $182,600.00 Ayes: Seven. Motion carried. UNFINISHED BUSINESS 126814 - Hart/Steve Schmitt that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $52,190.00 to Community Motors of Cedar Falls, Iowa in conjunction with Purchase of Two 4 -Wheel Drive Pickup Trucks, 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. 2008-220. 126815 - Hart/Steve Schmitt that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $33,668.00 to Witham Auto Center of Waterloo, Iowa in conjunction with Purchase of One 4 -Wheel Drive Truck and Service Body, 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. 2008-221. REPORTS 126816 - Hart/Steve Schmitt that communication from Mayor Hurley transmitting changes to Comp Time Policy for non-exempt, non -bargaining employees as it relates to payout of comp time upon promotion and submission of over time hours to payroll, be received, placed on file and "Resolution approving said policy", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-222. March 24, 2008 Reports continued Page 4 126817 - Getty/Reggie Schmitt that communication from Mayor Hurley transmitting amendment to sick leave policy for non -bargaining employees, be received, placed on file and "Resolution approving said policy", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-223. DOCUMENTS 126818 - Getty/Reggie Schmitt that communication from Leisure Services Director transmitting application to Black Hawk Gaming for a grant in the amount of $75,000.00 for improvements to Hoeing -Rice Softball Complex, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-224. 126819 - Getty/Reggie Schmitt that communication from Leisure Services Director transmitting application to Black Hawk Gaming for grants in the amount of $250,000.00 for Mark's Park and $480,000.00 for an amphitheatre on the Cedar River, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood inquired if the amphitheater is already funded in the River Renaissance project. Paul Huting, Leisure Services Director, explained that the amphitheater structure, the physical concrete structure, is funded. This is a shade structure or a larger enclosure for the entertainment. Councilperson Welper noted that $480,000.00 is a great deal of money from these grants and asked if that would be stretched out a number of years. Mayor Hurley responded that would be up to Black Hawk Gaming. Mr. Huting explained that the baseball stadium grant has been partially accepted and they are keeping that application on file and they will continue to consider additional awards for the stadium. Councilperson Hart asked who is coming up with the specific opportunities for resources regarding the various grant applications to Black Hawk Gaming. Mayor Hurley responded he has been receiving those applications from the department heads. The grants are due April 1, 2008. The rules of the grant application are that the CEO or the Mayor or the Chair of the Board of Supervisors has to review and sign for the applications. 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. 2008-225. 126820 - Cole/Reggie Schmitt that communication from Leisure Services Director transmitting application to the Community Foundation of Northeast Iowa for a grant in the amount of $10,000.00 for the T -Ball field project at the Cedar River Youth Sports Complex at Exchange Park, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-226. • • • • March 24, 2008 Documents continued Page 5 126821 Cole/Reggie Schmitt that communication from Leisure Services Director transmitting application to the Minnesota Twins "Fields For Kids" program for grant in the amount of $5,000.00 for T -Ball field project at the Cedar River Youth Sports Complex at Exchange Park, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-227. 126822 Cole/Reggie Schmitt that communication from Mayor Hurley transmitting applications to Black Hawk Gaming for grants in the amount of $19,900.00 for Shaulis Road Recreation Area Traffic Safety Enhancement and $160,000.00 for Cedar Valley Traffic Safety Education Program, be received, placed on file and "Resolution approving said applications", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt asked what is the $160,000.00 application for Cedar Valley traffic education program. Sandie Greco, Superintendent of Traffic Operations, responded the city received a grant from the Iowa DOT for the Drive Safe Cedar Valley Program, and this is to keep that program alive because the grant has run out. Councilperson Steve Schmitt asked if that is something that is done in the schools for the education part. Ms. Greco responded they will be approaching the schools and going out into the community and specific organizations. Councilperson Greenwood asked for an explanation on the Shaulis Road Recreation Area Traffic Safety Enhancement. Ms. Greco responded they are going after LED street name signs which are on mast arms and focusing on night driving. If awarded the grant, they would do the intersections of Shaulis and Hwy 218, Shaulis and Dysart Road, and Isle of Capri and Shaulis. Mayor Hurley noted that we would like to get those street signs that you see in other parts of the country that are very clear and easy to read at night and thought this would be a good intersection for that. Councilperson Greenwood asked if we are developing a new field for the T -ball diamond. Paul Huting, Leisure Services Director, responded that the plans are to add two T -ball diamonds to the complex area near the stadium between the current stadium parking lot and the existing fields. 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. 2008-228. 126823 - Reggie Schmitt/Greenwood that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with The Isle Casino, 777 Isle of Capri Blvd., for selling tobacco, tobacco products or cigarettes to person under 18 years of age, 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. 2008-229. 126824 - Reggie Schmitt/Greenwood that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with Walgreen's, 3910 University Avenue, for selling tobacco, tobacco products or cigarettes to person under 18 years of age, 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. 2008-230. March 24, 2008 Documents continued Page 6 126825 - Reggie Schmitt/Greenwood that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with Diamond Bar, 313 West 5th Street, for selling tobacco, tobacco products or cigarettes to persons under 18 years of age, 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. 2008-231. 126826 - Welper/Steve Schmitt that communication from Police Chief transmitting agreement with Silver Eagle Harley-Davidson/Buell for lease of two police motorcycles at a cost of $125.00 per month per bike, 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. 2008-232. 126827 Welper/Steve Schmitt that communication from Police Chief transmitting application with the Governor's Office of Drug Control Policy for FFY 2008 Justice Assistance Grant in the amount of $652,703.00 for funding of the Tri -County Drug Enforcement Task Force for city portion of $360,657.00, with required 25 percent city match of $90,164.00, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-233. 126828 - Welper/Steve Schmitt that communication from Community Planning and Development Director transmitting Consulting Service Agreement with AHTS Architects of Waterloo, Iowa for design services, at a cost not to exceed $42,500.00, in conjunction with redevelopment of Lafayette Park, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood noted that the total project funding is $500,000.00 and asked what would we spend $500,000.00 on in that park. Don Temeyer, Community Planning & Development Director, responded we are going to resurface the courts, build a new shelter, build the trail completely around the park and put in two new fencing areas for the backstop fields so there can be combination soccer and ball fields. The architects will prepare specifications and bid documents. Councilperson Greenwood asked if there are drainage problems in that area. Mr. Temeyer responded Pat's Pond was used as a retention pond and all the water from the area was dumped into it. As a part of the Vinton Avenue reconstruction and the new 18th Street bridge, the water has now been diverted to the Cedar River so it does not go in there. However, in a very high flood when all of the gates are shut, water will revert back into that area because it has to have somewhere to go, so that is a retention area during high floods. During high water table it also have get water because the water table can come up in that area. The low area has been filled in to bring up that table so that the high water table won't effect it as often. Councilperson Greenwood noted that if the city is going to spend this kind of money, we wouldn't want it to be destroyed in a couple of years because of flooding when there is a lot of rain. Mr. Temeyer noted that Bontrager and Liberty Parks have the same types of detention areas that are along West 9th Street, so they do get flooded once in a while. Paul Huting, Leisure Services Director, explained that most of the improvements will be on high ground, with trail along the upper ridge. We are talking about a new shelter which is also on higher ground. The only thing we will have on the low area that will flood will be a kind of a multi-purpose athletic area, which could be flooded without real dire consequences. • • March 24, 2008 Documents continued Charles Holland, a member of Neighbors for Life Neighborhood Association, explained that the park next year will be 100 years old according to their records, and it really needs some renovation. There is a small area for the little kids to play but the basketball and tennis courts are pretty bad. This is about the only place from Bowers Creek to this building for kids to play, and without anything in there they are going to get into mischief. Councilperson Reggie Schmitt reported he received a phone call from John Kincaid, former 4th Ward Council Member, because he worked on this project for five years. The $500,000.00 BEDI loan is part of the Rath Brownfield. Mr. Kincaid could not be here tonight, but he wanted to extend his thanks to Don and Rudy for getting that loan in place and making it happen. Marci Savage, a member of the Neighbors For Life Neighborhood Association, explained that in 2000 the park flooded, but there was minor damage. Ms. Savage agrees completely that their children need a great place to play. Councilperson Steve Schmitt noted that he read somewhere that the school's fee for the architects typically is about 7 percent and asked if this is kind of a ballpark figure. Page 7 Mr. Temeyer responded it is on an hourly basis with a maximum not to exceed and that is for construction inspection also. Part of this is to have a neighborhood meeting, which is not free. Mr. Huting commented that he has been working with Councilman Hart on this, and they will have some neighborhood meetings. There is a very compressed timeframe because this money is now available and we have one short construction season to do the project. If council approves this tonight, he will be meeting with the principal tomorrow. 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. 2008-234. 126829 - Steve Schmitt/Reggie Schmitt that communication from Fire Chief transmitting application with U.S. Department of Homeland Security, Federal Emergency Management Agency, for a 2008 Assistance to Firefighters Grant in the amount of $75,000.00, with 20 percent matching funds, to be used to purchase eight thermal imagers, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-235. 126830 Steve Schmitt/Reggie Schmitt that communication from Superintendent of Waste Management Services transmitting Treatment and Flow Control Agreement with ConAgra Foods -Packaged Foods, LLC, 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. 2008-236. 126831 - Steve Schmitt/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting amendment to 800 MHz Frequency Reconfiguration Agreement with Nextel, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-237. 126832 Greenwood/Reggie Schmitt that communication from Leisure Services Director transmitting agreement with Black Hawk County Gaming Association for grant #1065 in the amount of $190,000.00 for field improvements at Riverfront Baseball Stadium, 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. 2008-238. March 24, 2008 Documents continued Page 8 126833 - Greenwood/Reggie Schmitt that communication from City Planner transmitting Change Order No. 2 in the net increase in the amount of $50,000.00 for work to be performed by Howard R. Green Company of Cedar Rapids, Iowa in conjunction with F.Y. 2007 CMC Parcel 2 Cleanup Project, Contract No. 725, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, City Planner, explained that the change order for the CMC project is because when they started digging where the trench was there were a lot more materials in there than we thought. We were unable to remove it with the funding available so we are going with a new process of basically capping it in place. Howard R. Green will work with us and the EPA and DNR through that process of capping it in place and making sure that all of the regulations are followed. Councilperson Steve Schmitt asked if typically the $50,000.00 would be their responsibility because they should be able to determine that ahead of time, and if they don't then they would be responsible rather than the city. Mr. Anderson responded when working with the Brownfields there are a lot of unknowns. On the CMC site, they were using information that they could gather from past records and from past employees about what might be in the trench. They had no way of knowing how big the trench was and how much was in there until they actually got in there and started to remove some of it and dig it up. The trench was approximately the size and length that they thought it was, but what they were unaware of was that there were a lot of other things in the trench besides just the paint solvents and things that were dumped in there. There were additional materials and metals that were also dumped into the trench. Since those are all intermixed with the other chemicals and contaminants they are considered contaminants so that is the additional cost, and that is basically what drove the change in scope for that site. Councilperson Steve Schmitt asked what would happen if council did not approve the change order. Mr. Anderson responded we are going to have to close out the site under the EPA standards. We would have to have someone with the technical expertise as to how to do that, and we would have to basically reopen it for another consultant. Councilperson Greenwood asked that once this is capped is the city pretty much done with the cleanup. We cap this, we don't try to pump the solvents and that type of thing out of the tank that is there, we just cap it and leave it there. Mr. Anderson noted that we did remove the rail cars. There will be some continued monitoring to make sure that the contaminants aren't going off the site, and we will continue to monitor that for a couple of years. Mayor Hurley noted that this was talked about it at the agenda meeting. They go through all kinds of probing and sampling at different depths. When you open it up you find stuff in there that the probes didn't uncover and then you have to realign yourself because now you are working with something different than you thought you were. Mr. Anderson noted that the city has received over $1.3 million in grants to use to clean up the Rath and CMC sites, along with some bond money. We have been working with the EPA and DNR through Howard R. Green to receive a lot of this grant money. Councilperson Reggie Schmitt noted that the city is paying Howard R. Green a total of $72,000.00 to prepare the paper work for the Iowa DNR. Howard R. Green has been on the CMC project since day one and we stayed with them because they are familiar with the project. If we do not pass this tonight that $50,000.00 is going to come out to another $150,000.00 because someone would have to start from scratch. Councilperson Steve Schmitt commented that he knows that in a variety of businesses it would be their responsibility to stand behind that, not the city's responsibility. That is part of being a vendor, that's why they have insurance, that's why they have their degrees, that's why they do what they do, but he is not familiar enough with this type of work to know if this is typical. • • 4 • • • March 24, 2008 Documents continued Mr. Anderson noted that it is definitely not non -typical in terms of working with Brownfields to discover things that you are not aware of just because of the unknowns associated with those sites. CMC is not a corporation so there was nowhere we could go and no one to speak with, it was all word of mouth from past employees that we were working with. Councilperson Hart noted that Howard R. Green has done great work in helping us alleviate some of our Brownfields, but is there a process that we can use to maybe take a look at some other consulting firms. Whether or not they get the city $1.4 million we will never know, but it seems like every week or so there is another change order from Howard R. Green. Councilperson Hart noted that he just wants to be on record as posing the question about the possibility for some others later in the future. Page 9 Mayor Hurley commented that Howard R. Green has been working with the city for a long, long time, and every time we go through the process, Howard R. Green is the one that is chosen. Councilperson Reggie Schmitt explained the city sent out RFQs to engineering firms four years ago, and he, Don and Noel were a part of the selection committee. Five different engineering companies were interviewed. Howard R. Green was the one selected and they were developing the familiarity and knowledge of Waterloo of what's underground and what other problems we've got coming. They were selected and that is why you keep seeing them. Not to say we can't do that again, but four years ago we did exactly what Councilperson Hart suggested. Following comments a vote was taken on the original motion with the following result. Ayes: Seven. Motion carried. 126834 - Greenwood/Reggie Schmitt that communication from City Planner transmitting Change Order No. 4 in the net increase in the amount of $3,900.00 for work to be performed by Howard R. Green Company of Cedar Rapids, Iowa in conjunction with Former Chamberlain Manufacturing Brownfields Assessment Project, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, City Planner, noted that the site is contaminated and the city continues to work with the EPA. Chamberlain is still a viable corporation out of the Chicago area that we are working with along with the EPA in cleaning up the site. This is for additional assessment and having Howard R. Green as our consultant to help us through that process. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 126835 - Greenwood/Reggie Schmitt that communication from Fire Chief transmitting application with Black Hawk County Gaming for a grant in the amount of $185,000.00 to be used to purchase a new ambulance for Waterloo Fire Rescue, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-239. RESOLUTIONS TO BE ADOPTED 126836 - Reggie Schmitt/Welper that "Resolution designating National Community Development Week of March 24-30, 2008 to commemorate the Community Development Block Grant Program in the City of Waterloo, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-240. March 24, 2008 ORDINANCES TO BE ADOPTED Page 10 126837 Getty/Steve Schmitt that "an Ordinance vacating alleys generally located between W. 3rd Street and W. Park Avenue and between Commercial Street and Washington Street for the development of the Waterloo Riverloop Expo", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 126838 - Getty/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 126839 - Getty/Steve Schmitt that "an Ordinance vacating alleys generally located between W. 3rd Street and W. Park Avenue and between Commercial Street and Washington Street for the development of the Waterloo Riverloop Expo", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4901. 126840 - Getty/Steve Schmitt that "an Ordinance amending the Logan Avenue Urban Renewal and Redevelopment Plan doing the Amendment No. 1", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 126841 - Getty/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 126842 - Getty/Steve Schmitt that "an Ordinance amending the Logan Avenue Urban Renewal and Redevelopment Plan doing the Amendment No. 1", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4902. ORAL PRESENTATIONS 126843 Janice Zanders, 1302 Newell Street, stated she is here tonight to present some facts to support their claim for reimbursement for an appeal that she and her husband feel strongly falls within city responsibility. They have followed all appropriate channels as outlined to them by other city officials and have ultimately arrived to the point where they are optimistic that the city will reverse its decision. Ms. Zanders noted that she has supplied documentation that outlines what occurred on January 11, 2008 when sewage backed up into their home. They called the plumber, the plumber arrived and determined it was a city problem. City officials were called and remained on the scene until the problem was resolved. Since they called the plumber they paid the bill feeling confident they would be reimbursed by the city. A representative from the city's insurance company called her to notify her that the claim was denied. When she asked what was the carrier basing the decision on she implied she had no real reason since she had not spoken to any city official. She said she would follow up with a city official and get back to her. A city official later called her husband and talked to him and again agreed that the problem was a city problem, but she has not heard back from the insurance company nor the man who called. They have again received a denial letter based on the city needs advanced notice of a problem before they would take care of it. Unfortunately, her husband and her are not psychic so they had no way of knowing either. They are not asking now nor have they ever asked for anything they have not been entitled to. This is a matter of fairness and the city doing the right thing. City officials have agreed this is a city problem and her only question is when can they expect reimbursement of $96.30 for the payment they made. Nancy Eckert, City Clerk, explained a claim has been filed with our insurance company and what she is reading is the reason for the denial of the claim. Ms. Zanders noted she was instructed to send copies to Mr. Getty, Mr. Reggie Schmitt and Mr. Greenwood and also left a copy in the mayor's office. • • 4 , , 0 • 1 March 24, 2008 Page 11 Oral Presentations continued Lawrence Wheeler, 433 Bratnober, commented there seems to be a problem in Waterloo, it's a racial problem. Not a black and white racial problem but a Latino racial problem. What is going on is that people use environment as an excuse to keep out the coal plant. They used traffic as a problem to keep Monsanito out. Several years ago there was a country song that came out, "Mamas don't let your babies grow up to be cowboys". That song, from a psychological profile, trained people who work in factories, farms and construction is dirty work and work that should be signed off to workers of a third world nation. Because we have a large infiltration of Mexican Latino workers that come across the borders that do construction work because its heavy work, dirty work and work that is out in extreme heat. Americans have grown lazy to be doing it themselves. Mr. Wheeler stated that when he was in Kansas, in addition to being a person who did real estate development and worked as a millwright, 90 percent of his crews if that shop was not a used shop it was all Latino work. Mr. Wheeler challenged these people, are they really concerned about environment, are they really concerned about traffic, or are they trying to keep the Mexicans out of Waterloo. The Statue of Liberty is an open door. You don't have to come through New York to become a U.S. citizen of this country. Mr. Wheeler commented that he has seen an awful lot of white firefighters, he doesn't see any Mexicans, nor very many Blacks. In February this city did not recognize Black History Month, and its been around longer than Martin Luther King day. Mr. Wheeler noted that Malcolm X Day is coming up on May 19, 2008, and he hopes the city acknowledges those people. Councilperson Hart asked what type of follow-up will there be for Ms. Zanders. Will there be some kind of communication or should we make copies of her letter to put on file for the other council members. Mayor Hurley responded he has seen the letter from Ms. Zanders. Nancy Eckert and he will find out what the situation is. Mayor Hurley stated he would like to hear from council once they read the facts and deliberate on them to tell him what they would like to do and why. Getty/Reggie Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 126844 - Reggie Schmitt/Cole that the Council adjourn at 6:46 p.m. Ayes: Seven. Motion carried. Nancy Et7cert, CMC City Clerk