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HomeMy WebLinkAboutMinutes-01/12/2009• • January 12, 2009 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, January 12, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. 128400 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, January 12, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 128401 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 5, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 128402 - Reggie Schmitt/Steve Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP642, pp. 1-72, dated January 12, 2009, in the amount of $1,323,889.38, 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. 2009-9. b. Motion to approve the following: 1. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Matt Vlasak to the position of Traffic Signal Technician Foreman, effective January 13, 2009. c. Liquor License Permit Application Class E Hy -Vee Food Store, 4000 University Avenue (Renewal) (Expires 3/15/10) (Includes Sunday Sales) Hometown Foods, 1010 E. Mitchell Avenue (Renewal) Expires 3/9/10) (Includes Sunday Sales) d. Wine License Permit Application Class B Hy -Vee Food Store, 4000 University Avenue (Renewal) (Expires 3/15/10) (Includes Sunday Sales) Hometown Foods, 1010 E. Mitchell Avenue (Renewal) Expires 3/9/10) (Includes Sunday Sales) K -Mart, 3810 University Avenue (Renewal) (Expires 2/28/10) (Includes Sunday Sales) e. Beer License Permit Application Class C Hy -Vee Food Store, 4000 University Avenue (Renewal) (Expires 3/15/10) (Includes Sunday Sales) Hometown Foods, 1010 E. Mitchell Avenue (Renewal) Expires 3/9/10) (Includes Sunday Sales) K -Mart, 3810 University Avenue (Renewal) (Expires 2/28/10) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C Blue River, 315 W. 4' Street (Renewal) (Expires 2/14/10) (Includes Sunday Sales) g. Outdoor Service Area Application Blue River, 315 W. 4th Street January 12, 2009 Page 2 Consent Agenda continued Ayes: Seven, with Councilperson Steve Schmitt abstaining on PV in the amount of $1,518.50 and PV in the amount of $237.50 for work performed by Schmitt Telecom Partners. Motion carried. UNFINISHED BUSINESS 128403 - Getty/Hart that communications from Leisure Services Director transmitting recommendation of award of bid in the amount of $62,799.00 to Waterloo Implement of Waterloo, Iowa in conjunction with the Purchase of Three John Deere 5085M Tractors With Attachments, be received, placed on file and "Resolution approving award of said bid", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-10. 128404 Getty/Hart that communication from Leisure Services Director transmitting recommendation of award of bid in the amount of $37,308.22 to Tennant Company of Minneapolis, Minnesota in conjunction with the Purchase of One Tennant S30 Sweeper, be received, placed on file and "Resolution approving award of said bid", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood inquired where the city will use this sweeper and why are we not using one of the city's other sweepers. Paul Huting, Leisure Services Director, :responded that this sweeper will be used in the downtown area, and the sweeper will be shared with Traffic Operations. Its a smaller sweeper, a trailer -able sweeper that will be moved around. It will be used for the Riverwalk Loop Expo Plaza as well as the parking ramps. 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. 2009-11. PETITIONS FROM PUBLIC 128405 - Greenwood/Steve Schmitt that communication from Police Chief transmitting request of John Deere Waterloo Works to extend the original date of closing of River Road from Commercial Street in a northwesterly direction to Conger Street from November 15, 2008 to April 15, 2009 as part of maintenance and resurfacing of the bridge over Black Hawk Creek and construction of a new internal road at the Westfield Avenue site, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that council received a note from Jeff Kutz from Deere today. Councilperson Getty stated he 'did' not see the letter from Mr. Kutz. Councilperson Getty stated his concern and as Councilperson Steve Schmitt mentioned last week about waiting -`for cement to be poured, is the bridge completed. Jeff Kutz, representing John Deere, responded that the bridge was completed on time. Deere requested and it was granted by the city council that the road be closed for the first time until November 15, 2008. That was completed all on schedule. The second project came up, which is actually the internal road which runs parallel to River Road that will service the east end of the plant. Deere had had some things to do before then, such as some storm sewer work and filling in a corner of the pond. Deere had to ask for an extension until the January 15, 2009 date for the River Road so that they could complete that internal road. A few things caused a delay and now with the snow and the frost has gotten into the ground so they can't pour that concrete until spring. Councilperson Steve Schmitt stated the question both he and Councilperson Getty raised last week is given the conditions is there a purpose to extending this closure until April, or if Deere maintained the road in an acceptable manner why don't we open it until the weather clears up and then talk about closing it at some point. January 12, 2009 Petitions from Public continued Councilperson Steve Schmitt asked if Deere is going to get anything done in the next couple of months given the weather conditions because this is going to end up totaling eight months by the time we are all done. Councilperson Steve Schmitt stated there is number of folks who are feeling a little inconvenienced, but if there is a good reason they want to facilitate making it as easy as possible for John Deere. If nothing is going to happen would it make sense to open it up for the next couple of months. Mr. Kutz responded the reason they asked for the original closing was because they have unlicensed vehicles using that road to get from around the north side of the plant to the east side of the plant. They have gators, unlicensed Kalamazoos, and their material delivery trucks that are used normally internal to the plant downtown. They are out on the road, and it was just easier to extend the closure because of the fact that Deere would have those vehicles on the road. Page 3 Councilperson Getty stated that his objection is that it takes a long time. Councilperson Getty stated he gets a lot of phone calls from people in the Rainbow Drive area and the north part of Waterloo who use River Road to get to downtown Waterloo and Mullan Avenue. Councilperson Getty noted it was mentioned the other day that they could use Westfield, but there are also four stops signs and semi traffic using Westfield, and it takes much longer to drive Westfield Avenue than it does River Road. Councilperson Getty stated he thinks Deere's request is a big inconvenience and finds it difficult to approve this request. Councilperson Steve Schmitt questioned from a public safety standpoint if this is an issue having a semi -main arterial road closed for that period of time. Doug Carter, Fire Chief, noted that the Fire Department's concern with any road closure is the ability to respond. The only business along that road is Deere, and they still have access to Gate 16. Fire Engines coming to Electric Park and Cattle Congress would be coming from Station 4 at University Avenue and Ansborough Avenue and Station 3 by Allen Hospital than coming from downtown by Westfield Avenue, so they do not feel there is a great impact on the Fire Department. Chief Carter stated their concern has always been the maintenance of the road so if the Fire Department needs to use it then it is available to them. Chief Carter stated as long as Deere meets their part of the bargain of keeping the road accessible then they'do not have a problem with it. Councilperson Greenwood asked who is maintaining it, are city plows maintaining the road or is Deere. Chief Carter responded that Deere' is maint*ining the road. The agreement was not just the section they use but' the`_'elitire' road which means at the in -points attention needs to be paid to the ridge left by our city plows, and it is his understanding that Deere is to clean' that ridge. The barricades are set up such that there is a gap to get in.' The Fire Department would have an issue if there were three or four foot ridge of'snow. Mr. Kutz noted he drove the road not 10 minutes ago, and it is clear on all lanes all the way to Conger Street. At Conger Street, there are barricades, but there is enough room for a vehicle to get through and the ridges from the city plow is cleared out. Councilperson Cole asked staff to display a map showing the distances people have to detour. Mayor Hurley stated that to him its like imagining a football and you have to go from point to point. Its elliptical either way, and there are more stop signs and a jog on the Westfield side. Mayor Hurley urged council to seriously consider this request. They don't come very often, its John Deere with 90 years of jobs and investment in this community, $1.1 million dollars to United Way, several hundred thousand dollars in services and equipment given to the city during the flood. Tom Jennings, Chief of Police, stated tpe Police Department has no concerns in that it doesn't effect them either Fray-:;- Hid ain concern was for public safety and with the vehicles that were goingto be on that stretch of road. Chief Jennings stated personal injury accidents and the injury to a person was why he recommended to keep the road closed so` that they could get back and forth. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-12. January 12, 2009 Page 4 DOCUMENTS 128406 Steve Schmitt/Welper that communication from Airport Director transmitting Change Order No. 1 for a net increase in the amount of $8,775.00 for work performed by K. Cunningham Construction, Inc. of Cedar Falls, Iowa in conjunction with Rehabilitation of General Aviation Apron and Taxilanes, Phase 2, at Waterloo Regional Airport, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 0 128407 - Steve Schmitt/Welper that communication from Community Planning & Development Director transmitting Change Order No. 6 for a net increase in the amount of $1,380.00 for work performed by D.W. Zinser Co. Inc. of Walford, Iowa in conjunction with Demolition of Chamberlain Manufacturing Property, Phase 1, Contract No. 741, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 128408 - Steve Schmitt/Welper that communication from Associate Engineer transmitting Change Order No. 1 for a net decease of $8,440.00 for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Permanent Closure of Railroad Crossing Across Black Hawk Creek, Contract No. 728, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 128409 - Steve Schmitt/Welper that communication from City Engineer .transmitting Completion of Project and Recommendation of Acceptance of work 'performed by Peterson Contractors, Inc. of Reinbeck, Iowa at a total cost of$57,732.50 in conjunction with F.Y. 2007 Permanent Closure of Railroad Crossing. Across Black Hawk Creek, Contract No. 728, be received, placed on file and `"Resolution approving said documents", be adopted and two-year Maintenance bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-13. 128410 - Steve Schmitt/Welper that communication from Community Planning and Development Director transmitting Completion of Project and Recommendation of Acceptance of Work performed by D.W. Zinser Co. Inc. at a total cost of $542,349.20 in conjunction with Demolition of Former Chamberlain Manufacturing Project, Phase 1, Contract No. 741, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-14. 128411 - Welper/Reggie Schmitt that communication from Airport Director transmitting Department of Transportation for a grant in the amount $4,285.00 city match, for pavement manance work at the placed on file and "Resolution approving' said agreement", and City Clerk authorized to execute sine. Ayes: Seven. agreement with Iowa of $10,000.00, with airport, be received, be adopted and Mayor Resolution adopted and upon approval.Mayor assigned No. 2009-15. 128412 - Welper/Reggie Schmitt that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with La Chiquita, Inc., 301-307 E. 4th Street, for $25,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-16. January 12, 2009 Documents continued 128413 - Welper/Reggie Schmitt • Page 5 that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Rock King L.P., 109 Jefferson, for $50,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-17. 128414 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting a lease agreement at a cost of $2,182.20 with Willard Frost to farm approximately 29 acres of land generally located near the Northeast Industrial Park, just west of Northeast Drive between Newell Street and MLK Jr. Drive, 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. 2009-18. 128415 - Cole/Welper that communication from Community Planning & Development Director transmitting agreement with Tallgrass Historians L.C. of Iowa City, Iowa at a cost of $11,672.00 for architectural and historic review of the Chamberlain site, be received, placed on file and "Resolzition approving said agreement", be adopted and Mayor and City Clerk authorized toexecute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Cole asked if this architectural and historic review on a building that we have almost completely demolished is mandated by the federal government. Noel Community Planning & Development Director, responded yes. Councilperson Hart stated that he recently had a conversation with one of our congressmen and the question came up in addition to doing this historical review what are the possibilities of doing a video format to be able to speak a little bit about the life of Chamberlain. That way when its time to advocate like city staff is doing in D.C. maybe that video can used to present something to people in a different format. Noel Anderson, Community Planning & Development Director, stated he will speak with Jan Nash from Tallgrass Historians based on the amount of information that she is able to gather and see what kind of video or other information we can put together. Ms. Nash has been talking with the State Historic Preservation office, and they encourage new formats.. for these types of sites. Councilperson Greenwood asked who gets that information. Mr. Anderson noted that its the environmental review or the Section 106 process for different projects, and we have.to do a historical documentation. A lot of times that is filed with the Planning office, with the City Clerk's office and a copy is sent to the library. The State Historic Preservation office has been looking for new ways of conveying the information to the public so its not always in the same book format. If there is a video or some other types of thing that we can do, staff will explore those possibilities. James Walsh, City Attorney, reported that the Library of Congress records these documents, and they can be found on-line if you Google Waterloo Chamberlain History. The Library of Congress will in a few months have on their website the pictures and story about Chamberlain. They keep a very good record. There is information on it already about Waterloo historically, and there are very interesting pictures from Waterloo's history that are archived. Councilperson Greenwood asked if the cost would be funded with HUD funds. Mr. Anderson responded this would be an eligible expense for HUD money. 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. 2009-19. January 12, 2009 Page 6 Documents continued 128416 - Cole/Welper that communication from Community Planning & Development Director transmitting Assistance Agreement Notice with U.S. Environmental Protection Agency for a one- year extension to the Waterloo Brownfields Petroleum Assessment Grant, 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. 2009-20. 128417 - Cole/Welper that communication from Community Pianr ng & Development Director transmitting Assistance Agreement Notice with U.S. Environmental Protection Agency for a one- year extension to the Waterloo Brownfields Hazardous Assessment Grant, 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. 2009-21. RESOLUTIONS TO BE ADOPTED 128418 - Greenwood/Steve Schmitt that "Resolution supporting the Cedar Valley Go 5210! Fit Families Alliance Committee" be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-22. ORDINANCES TO BE ADOPTED 128419 Reggie Schmitt/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by adding Article B, Civil Emergencies,,. of Chapter 2, General Offenses, of Title 5, Police Regulations (authoriz's Mayor to proclaim emergency during natural disasters such floods, tornadoes, etc.)`', be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, he following comments were heard. Mayor Hurley explained that currently the mayor is covered by Iowa State Code 372.14(2), and it is not in Waterloo's Code of Ordinances. Iowa Code 372.14(2) states, "the mayor may take command of the police and govern the city by proclamation upon making a determination that a time of emergency or public danger exists. Within the city limits, the mayor has all the powers conferred upon the sheriff to suppress disorders." Mayor Hurley noted this is reflective of June 2008 when we did some mandatory evacuation orders. The mayor was covered by State Code, but other cities specifically put it in their Code of Ordinances, and, in fact, we borrowed heavily from the City of Iowa City. James Walsh, City Attorney, explained the proposed ordinance really seems to limit the mayor's power rather than to enhance it. The State Code was very general, and sheriffs have wide duties, but there are no definitions in the State Code. This ordinance defines the terms and makes it clearer to constitute what is a state of emergency and makes a very vague state law into a specific city ordinance. Mr. Walsh noted the argument might be made that the city has gotten by since 1868 without this, why do we need it now. In his recollection, this is the first time the city hai3fr `evacuation order, and that raised the issue as to what are the limits f�1�. ` Its within the control of the city council, and they have defined the mayor's duty in regards to this State statute. Councilperson Hart asked Mr. Walsh if he is saying the sheriffs had pretty much jurisdiction instead of us having it locally. Mr. Walsh replied not within the city limits. The sheriffs have broad duties under state law and can do many of the things that are numerated in the proposed ordinance. The reference is they bootstrapped in sheriffs because probably when the state law was written, sheriffs were the primary source of law and police action in the State of Iowa. Councilperson Hart stated the only question he has is being able to offer input and assistance to the mayor in a time of need, bouncing things off of each other. • • • • January 12, 2009 Ordinances to be Adopted continued Page 7 Councilperson Hart stated it seems t'o'''F%m that will be taken away from council to have even a little input as to the direction we need to move collectively instead of putting the burden all on one particular office. Mayor Hurley commented that in June, he was seeking every bit of advise and consultation that he could get from staff and any available council members, but this will take place in time of a natural disaster, a war, or an act of terrorism and you need somebody who is empowered to act quickly. Mayor Hurley stated that Mr. Walsh put a very important coloration on it that this ordinance limits the powers of the mayor as opposed to giving him or her all of the power that a sheriff would normally have. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 128420 - Reggie Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 128421 Reggie Schmitt/Welper that "an Ordinance amending the 2007;Code of;,Ordinances of the City of Waterloo, Iowa by adding Article B, Civil Emergencies; of Chapter 2, General Offenses, of Title 5, Police Regulations (authorizes Mayor' to proclaim emergency during natural disasters such floods, tornadoes, etc.)", be considered and passed for the second and third times and adopted Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4937. NEW BUSINESS 128422 - Hart/Greenwood to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with Purchase of 2009 Golf Turf Equipment, be received, placed on file and approved. Ayes: Seven. Motion carried. 128423 - Hart/Greenwood that plans, specifications, form of contract, etc. in conjunction with Purchase of 2009 Golf Turf Equipment, be received and placed on file. Ayes: Seven. Motion carried. 128424 - Hart/Greenwood that "Resolution preliminarily ap'pt'cing'• plans, specifications, form of contract, etc. in conjunction with'a'bbdescribed purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-23. 128425 - Hart/Greenwood that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as January 26, 2009 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-24. ORAL PRESENTATIONS 128426 - Buck Clark, 217 Normandy Street, stated for the past few months it has been a little bit of a tough time being a business owner in downtown Waterloo. Starting in June with the flood, there were several businesses closed for a while. The street was closed, which had a tremendous affect on the businesses, and winter started early in downtown. Mr. Clark stated when we get snow on a Friday or a Saturday, it shuts down the businesses, and it can cost several thousand dollars over a couple of day..when the customers don't have access to the businesses. This morning was the_.p*th-''t'ime`that he had to call the mayor's office to get a little piece of taat'''4`°" Street cleaned that is the city's responsibility. January 12, 2009 Page 8 Oral Presentations continued Mr. Clark stated he knows the city has a tough time getting snow removed, its city wide and its all over the place, but its tough for those trying to make a living in downtown when the customers can't get to them. The 100, 200 and 300 blocks of East 4th Street are really having a tough time this year with snow removal in the parking areas and certain parts of the sidewalk. That little stretch of about 60 feet of sidewalk .just north of the Screaming Eagle just south of Jameson's next to Levi just continually gets left out. The whole block of Lafayette between 4th Street and Park is almost impassable. All of the parking areas for the cars along there seem to get left until the very last before those parking areas are cleaned and nobody can park downtown. Mr. Clark stated he doesn't know what it would take to get the priority issue changed for maybe those three blocks so that t e.bmsinesses could get access sooner, and anything that mayor and council could'i''do to help the businesses get that snow out of there sooner than its getting out'' now would be greatly appreciated. Mayor Hurley stated that everyone understands the tough year downtown business owners have had, the flood happened, the snow happens and the street work was planned. The street will be temporarily disrupted again next construction season so we can finish on the 100 block. The city sent the Bombardier to clean the sidewalk area of East 4th and Lafayette north of the Screaming Eagle and around the corner. Mayor Hurley stated he doesn't know what caused that area to be left out, but it has gotten the city's attention and will be taken care of regularly. The snow removal policy is set by council. The city does plow downtown at night, but there are vehicles parked, etc., and what we can't get to right away during the priority will wait for removal until everything else is taken care of. Mayor Hurley stated he was told by staff that the way things are looking it could be Thursday night or maybe Wednesday night before the city removes the snow piles. Mayor Hurley stated he has a tentative plan to attack that tomorrow night using other personnel. Mr. Clark stated its not the piles of snow that are of concern but its the actual parking areas, the spaces where cars park. The plow comes down and plows the street open, but they don't plow open the parking spaces for some time, and the Main Street parking lot has not been plowed. Mayor Hurley responded that Main Street pays for their own parking lot. Mayor Hurley noted that the city has to' plow `downtown when there are the least amount of vehicles so plows can cut and go curb to curb. Mayor Hurley asked Mr. Clark how he thought downtown business owners would react if council adopted an amendment to the snow removal ordinance that said no parking in the downtown from November 1 through March 31t from 2:00 a.m. to 6:00 a.m. Mr. Clark responded he can't speak for anybody but himself, but he thinks it would be fabulous. Mr. Clark stated its really critical if we get snow on Friday that affects Friday's business, and if the snow is not gone by Saturday then it still affects his business on Saturday. Mayor Hurley noted there is a fine number of equipment, a fine number of people and a fine number of hours that they can be behind the wheel. They work really hard and tonight with the wind, they will be in drift control. Mayor Hurley noted that according to the state climatologist, we are at about 170 percent of our normal precipitation for this time of the year. Ominously similar to last year, we are all cognizance of that and are watching things very closely and trying to make the moves that keep us from having like we did last spring and summer. Mayor Hurley passed along a request from the Fire Chief asking citizens' cooperation in clearing snow from the hydrants. It slows down the Fire Department if they have to find.. them and clear them themselves. Mayor Hurley explained that the street,"'crews do' the best they can when garbage containers are out in the street an. they try to go around them but just the force of the snow knocks them over not necessarily the blade. Put them in your driveway or try to keep them on the parking, do the best you can to keep your garbage containers out of the street.' 'Mayor Hurley noted that early December there was a press conference detailing with the city's snow and ice control policy that runs regularly on Channel 15. The list of streets and the map are shown on Channel 15 and are also available on the city's website. Mayor Hurley commented that a good citizen has written saying the Street Department is doing a good job clearing the streets but due to parked cars its impossible to do an adequate job. The citizen feels that mayor and council are not enforcing the odd and even parking policies, which the city does not have that policy. Parked cars must be moved within so many hours but this too is not enforced. The writer is correct in some of that. • • • • January 12, 2009 Page 9 Oral Presentations continued We have a snow emergency policy which allows citizens to park their cars for 48 hours and then it can be ticketed. Mayor Hurley stated that a few years back the same kind of things came up and city council really got after the mayor and staff to enforce that policy, but they reversed their decision about a week later because of the outcry from the citizens because they had nowhere to put their cars. Mayor Hurley commented that the City of Cedar Falls has "Current" which is an informative publication that comes out quarterly. The front page story is about their snow removal on over 200 miles of city streets, and we have probably 500 miles of city streets. They are categorized by traffic load. Each street is assigned a priority for service. Priority one streets are the major thoroughfares with heavy traffic. Priority two streets are collectors and priority three streets are residential. Mayor Hurley noted that Cedar Falls' policy is very much the same as Waterloo's, so we are not doing anything odd. Mayor Hurley gave an update on street lights. There are sections of street lights out on Highway 63 North (Logan Avenue) on the west side of the street from Parker Street to Donald Street, but all street lights on the east side of the street are working. Sections of lights are out on the south side of W. Ridgeway Avenue from Highway 63 (Sergeant Road) to the west side of the bridge, and it will be necessary to work in the ditch along with MidAmerican Energy to make the repairs. Street lights are out on the east side of LaPorte Road from Easton Avenue to San Marnan Drive, but the lights are working on the west side of LaPorte Road. Street lights are out on the south side of Mulberry Street between Park Avenue and East 3rd Street, but the lights on the north side are working. Due to an accident over the weekend five street lights are out on Airline Highway, east of Leversee Road; however the city is working with MidAmerican Energy to repair the damageand get them working as soon as possible weather permitting. Mayor Hurley noted the city appreciates the Waterloo Courier's editorials over the loss of LS Power, and their encouragement of the community to move forward. Mayor Hurley stated that a recent editorial leaves the impression that the City of Waterloo lost the Monsanto Plant:The Monsanto Plant was a loss to Waterloo but that was not a City of Waterloo project. The City of Waterloo had peripheral involvement because we are paid by Black Hawk County to provide Planning and Zoning services for the county. We do not impose the city's Planning and Zoning ordinances on the county, we just provide the expertise and manpower to enforce Black Hawk County's ordinances. Councilperson Hart reminded people of Martin Luther King Jr. Day on Monday, January 19, 2009. Councilperson Hart noted that everyone is calling this a day of service, and he encouraged citizens to find something in the community to do to give back. Councilperson Hart stated that he knows a lot of people are giving back a lot of time, but this is' a very special day. The annual Martin Luther King Jr. banquet will be held on Sunday at Hawkeye Community College. It is an excellent opportunity to celebrate in remembrance with a lot of our residents throughout the Cedar Valley. Getty/Reggie Schmitt that the above oral comments be receiVed and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 128427 - Welper/Greenwood that the Council adjourn at 6:24 p.m. Ayes: Seven. Motion carried. Nancy EckZrt, CMC City Clerk