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HomeMy WebLinkAboutMinutes-07/13/2009• • July 13, 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, July 13, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Welper, Reggie Schmitt. Absent: Steve Schmitt. Moment of Silence. Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member. 129435 - Reggie Schmitt/Hart that the Agenda, as amended, for the Regular Session on Monday, July 13, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Steve Schmitt. Motion carried. 129436 - Reggie Schmitt/Hart that the Minutes, as proposed, for the Regular Session on Monday, July 6, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Steve Schmitt. Motion carried. CONSENT AGENDA 129437 - 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 AP642, pp. 1-103, dated June 13, 2009, in the amount of $4,044,227.86, 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. 2009-672. 2. Communication from City Clerk transmitting request of Noel Anderson for a variance to the Noise Ordinance on July 11, 2009 from 5:00 p.m. - 10:00 p.m. in conjunction with party to be held at 209 Alice Avenue, including a band. Resolution adopted and upon approval by Mayor assigned No. 2009-673. b. Motion -to receive and file the following: 1. Communication from Iowa Department of Transportation transmitting official notification of letting of a traffic signal project on U.S. 20 at the U.S. 63 Interchange area on July 21, 2009. c. Liquor License Permit Application Class E Kwik Stop, 4335 Texas Street (New) (Expires 6/1/10) (Includes Sunday Sales) d. Wine License Permit Application Class B Kwik Stop, 4335 Texas Street (New) (Expires 6/1/10) (Includes Sunday Sales) e. Beer License Permit Application Class C Kwik Stop, 4335 Texas Street (New) (Expires 6/1/10) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C Guppy's on the Go, 1615 Bishop Avenue (Renewal) (Expires 9/8/10) (Includes Sunday Sales) g. Outdoor Service Area Application Narey's 19th Hole, 2073 Logan Avenue h. Cigarette/Tobacco Permit Application Save More Food, 1975 Franklin Street The Jet Lounge, 451-453 W. Parker Street Elite Liquor, 1309 Lafayette Street July 13, 2009 Page 2 Consent Agenda continued i. Pool and Billiard Table Application Chases Pub, 3005 University Avenue j. Outdoor Cafe Application Screaming Eagle, 228 E. 4th Street k. Outdoor Beer Garden Application Piramida Bar, 712 Jefferson Street Ayes: Six. Absent: Steve Schmitt. Motion carried. HEARINGS 129438 Hart/Welper that proof of publication of notice of public hearing on request of Gateway Real Estate Holdings, LLC to sell and convey property generally located at 416-418 East Mullan Avenue for $3,270.00, as published in the Waterloo Courier on June 29, 2009, be received and placed on file. Ayes: Six. Absent: Steve Schmitt. Motion carried. 129439 - 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. Ayes: Six. Absent: Steve Schmitt. Motion carried. 129440 - Hart/Greenwood that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-674. 129441 - Greenwood/Welper that proof of publication of notice of public hearing on request of VGM Development Corp. to sell and convey land left over after construction of Fitzway Drive to use for future campus expansion and development, as published in the Waterloo Courier on June 29, 2009, be received and placed on file. Ayes: Five. Abstain: Cole because she is an employee of VGM. Absent: Steve Schmitt. Motion carried. 129442 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported that we received an e-mail today from Daniel Pawlak stating his opposition to the sale. Greenwood/Welper that the hearing be closed and written comments be received and placed on file. Ayes: Five. Abstain: Cole because she is an employee of VGM. Absent: Steve Schmitt. Motion carried. 129443 Greenwood/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that the council packet has a letter dated April 27, 2009 from Chris Wendland, the City Attorney's office. Sale of this property to VGM was in a way pre -ordained because of the development agreement between the City and VGM, which goes back some time. • • • • July 13, 2009 Page 3 Hearings continued Noel Anderson, Community Planning & Development Director, noted that this remnant of land is essentially the back portions of the two lots. There were two homes there when VGM did the expansion to properly locate the new roadway, which is Fitzway Drive on Ansborough Avenue between San Marnan and the Highway 20. There are certain restrictions that you have to be a certain distance away from the Highway 20 interchange ramps, and there was a certain distance recommended south of San Marnan. That put the road entrance right where those houses were. The homes were purchased with RISE money for the construction based on the VGM expansion project, and that is why these remnants are the rear portions of those two lots. The land would be unbuildable unless it was hooked on with the other VGM land out there. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Abstain: Cole because she is an employee of VGM. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-675. UNFINISHED BUSINESS 129444 - Getty/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $623,755.00 to Restoration Systems, Inc. of Chaska, Minnesota in conjunction with Commercial Street Parking Garage Structural Repairs, Phase II, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-676. 129445 - Getty/Reggie Schmitt that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $11,500.00, with city's share of $5,750.00, to Quick Construction Company in conjunction with Rath Administration Building, Misc. Contract No. 0001 -GO, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-677. DOCUMENTS 129446 - Welper/Reggie Schmitt that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $166,455.11 with Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2009 U.S. 63/218 Sidewalk and Median Improvements, Contract No. 757, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-678. 129447 - Welper/Reggie Schmitt that communication from Contracts and Grants Coordinator transmitting contract in the amount of $11,500.00, with Quick Construction Company, with city's share of $5,750.00 in conjunction with Rath Administration Building, Misc. Contract No. 0001 -GO, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-679. July 13, 2009 Page 4 Documents continued 129448 - Welper/Reggie Schmitt that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $1,191,614.95 to Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2009 West Shaulis Road, Contract No. 759, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-680. 129449 - Reggie Schmitt/Welper that communication from Police Chief transmitting agreement with Governor's Office of Drug Control Policy for FFY 09 Byrne -Justice Assistance Grant in the amount of $466,183.00, with local match of $116,547.00, for funding of the Tri - County Drug Enforcement Task Force, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-681. 129450 - Reggie Schmitt/Welper that communication from Police Chief transmitting one-year School Resources Officers Agreement with Waterloo Community School District at a cost of $140,000.00 for assignment of five police officers at the middle school and high school level and additional services at the elementary level, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-682. 129451 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting Temporary Easement Agreement with Martinson Real Estate Development, LLC for construction of Geraldine Road, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-683. 129452 - Cole/Welper that communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with Struxture Architects at a cost not to exceed $74,396.50 for completion of design, bidding process and contract documents for the New Fire Station #8, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if this PSA means that the city is going down the process a little further and are the bids lining up so that we are coming out okay. Mayor Hurley responded at this point he cannot answer either way, but he can say that the bids definitely did not line up in the city's favor. We went back to the firm representing the interested party and said we are short and the ball is in your court. We have been looking at alternative funding that could help on our part and we have not received word on that yet. The dollars that we are asking for are more in the category of sunk costs. When they went into it $18,000.00 was going to be forgiven if we stopped a long time ago. We didn't stop, everybody pursued and hopefully things will work out. Otherwise its money we spent. Councilperson Greenwood commented so like Mayor Hurley said in the past, we are moving down parallel tracks but the tracks are not real parallel at this point. • • • • July 13, 2009 Page 5 Documents continued Mayor Hurley stated he has no interest in putting the citizens through a costly new fire station just to relocate it several hundred feet. There was a time when we all thought there might be some six -figure funds in here to pay back the citizens by putting it in the general fund, but it did not pencil out that way. However, there are several things we get: we get a new 50 year fire station, an improved intersection that we want anyway, and we get a retail, tax paying business that in perpetual will pay property taxes where the fire station does not. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-684. 129453 - Cole/Welper that communication from Airport Director transmitting agreement with Federal Aviation Administration for grant in the amount of $95,000.00, with no required match, to be used for the Ground Power Unit project at the Waterloo Regional Airport, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-685. 129454 - Cole/Welper that communication from Airport Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $72,550.00 with K&W Electric of Cedar Falls, Iowa in conjunction with 400 HZ Ground Power Unit (GPU) at the Waterloo Regional Airport, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-686. 129455 Getty/Greenwood that communication from Community Planning & Development Director transmitting Parking Ramp Use Agreement with Bourbon Street Restaurant, L.L.C. to lease 70 spaces in the top level of the East Park Avenue Ramp at a cost of $1.00 per space per month, 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 Getty noted the agreement is for five years. Mayor Hurley noted the city got a heck of an investment in downtown Waterloo where we want it. We expect that to be successful and be a destination. There will be a lot of folks employed. The tax base for the building, the taxable valuation should go up. We will have many new employees, new jobs. We want them off the street. We want to give patrons the chance to also use that parking space and enjoy the restaurant and the building, staying off the street, particularly during noontime. Mayor Hurley stated we have not been in this territory before but he thinks its a good agreement. Its not unique or unusual in the workings of other cities. It just that we haven't done anything like this in Waterloo. Councilperson Cole stated she received a phone call expressing dismay of about the agreement this afternoon. That we were giving this away, and she thinks her comment would be that no one is parking in these spaces now, so our revenue in these spaces is zero dollars. While $840 doesn't sound like a lot of money its better than zero dollars. We certainly welcome the entertainment development downtown. Its just what we have been trying to do. Mayor Hurley stated probably all our parking rates, whether they are in ramps or on the street, are ridiculously low, but that is for another administration. There will be others that will look at this, and he doesn't mean to be smart- alecky, but bring him a project of $2 million plus and we will talk. Councilperson Hart stated he received an e-mail from Pat Burke that was given to the council in regards to her concerns, and he just wanted to acknowledge on record that we received that e-mail. July 13, 2009 Documents continued Page 6 Mayor Hurley responded we did have a nice e-mail supportive of the project, but just thought that we went too far in our terms. Councilperson Greenwood asked what is the current utilization percentage wise. Nancy Eckert, City Clerk, responded she would guess probably under 50 percent, but she does not have those numbers but could get them for council. Councilperson Greenwood asked if all the spaces in the upper levels are used at all. Ms. Eckert responded no, not where they are going. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-687. 129456 - Getty/Reggie Schmitt that communication from Community Planning & Development Director transmitting Notice of Intent to Apply for State of Iowa I -Jobs Program, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated a few weeks ago staff and he went to Waverly and heard the traveling show on the I -Jobs Program. They learned that there were deadlines fast approaching, and tomorrow is one of them to get a Notice of Intent for anything we want to apply for I -Jobs money. The $800 and some million dollars of bonded money, but there is really only $180 million or more in competitive grants. Mayor Hurley noted that the infrastructure people and planning people have met two or three times. Council received a general letter in their packet to the state, but Noel will be ready tomorrow with a specific application for the NOI for four projects from out of maybe 15 that they brainstormed. Some of them just fell out because there are later due dates for them. Some of them fell out because we don't have match money for them. Some of them fell out for other reasons. But right now in no particular order we will go after the residential lift stations, Riverfront Stadium flood protection is number two. Some device out there to keep that place from getting flooded if the Corp of Engineers will allow us. A public works building. We have had an external staff looking at how to consolidate and they have got some great information, and its just a matter of financing it and building it in phases. Then there is a question about this one on whether its doable or not or how much it would cost and that is to elevate Easton Avenue. When we have high waters like we did last year, we had two employees out there isolated for two or three days and we couldn't get to the station. We contemplated bringing in helicopters. WFR has passed along an old boat to them if it happens again, but really the way out so that Larry Smith and his crew can get in and out and run our Waste Treatment Facility would be to elevate Easton. Those are the four projects we are looking at. Some of the ones that are not on there right now: Park Avenue bridge, combined sewer system separations, the No Name Creek railroad bridge, Prescott Creek. We looked at waste gas coal generation, which was a good one but that has a later due date this fall. The Public Market building alternative energy, solar panels or wind generation on that building to help with the utility bills, but that also has later submission dates. Mayor Hurley stated that he and staff are asking for council's approval to let us put this Notice of Intent in tomorrow by 5:00 p.m. Noel Anderson, Community Planning & Development Director, stated the local infrastructure had a definition of disaster recovery, mitigation or future flood prevention. All the projects are related some way in disaster recovery or preventing future disasters from happening. That is how we narrowed down the list to meet the definition provided for the $118.5 million in competitive grants. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-688. • • July 13, 2009 Documents continued 129457 - Getty/Reggie Schmitt Page 7 that communication from Community Planning & Development Director transmitting agreement with JDE Engineering at a cost of $67,900.00 for design services and preparation of construction documents for the Tower Park Recreational Trail at San Marnan Drive and Kimball Avenue, 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 Hart stated he thinks this is just the city getting contractual services, but this doesn't necessarily mean that this will leap frog some other priorities within our master trails plan. Noel Anderson, Community Planning & Development Director, responded that is correct. This is just to do the design work. We thought it was pertinent to go ahead with the full design work in this area because number one there is some existing structures out there, and if they are looking for additions or something like that where this trail will go through, we had a limited amount of options as to how to get the trail through developed area. Number two, there is a large amount of undeveloped land in this area. As that is platted in the future we would like to make sure that we would have the trail design in place, as the platting would come through so that we can accommodate that in their platting designs. We did change one thing in that contract based on the finance department's comments about not paying late fees, so that has been amended. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-689. 129458 - Hart/Reggie Schmitt that communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a cost of $2,000.00 to prepare Rail Revolving Loan and Grant Program application for funding of construction of 600' rail spur off Lafayette Street, serving 3215 Lafayette Street, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-690. 129459 - Hart/Reggie Schmitt that communication from Community Planning & Development Director transmitting application for Rail Revolving Loan and Grant Program for funding of 80 percent of construction of 600' rail spur off Lafayette Street, serving 3215 Lafayette Street, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-691. 129460 - Hart/Reggie Schmitt that communication from City Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal for Preliminary and Final Plat of South Port, be received, placed on file and "Resolution approving said variance", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-692. 129461 - Hart/Reggie Schmitt that communication from Community Planning & Development Director transmitting Preliminary Plat of South Port, together with staff report, aerial photo, preliminary plat, Deed of Dedication and report of the City Engineer, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-693. July 13, 2009 Page 8 RESOLUTIONS TO BE ADOPTED 129462 - Greenwood/Reggie Schmitt that "Resolution authorizing any utility relocation for the traffic signal project on U.S. 63 at the U.S. 20 Interchange area", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-694. 129463 - Greenwood/Reggie Schmitt that "Resolution approving General Rules of Public Participation at City Council meetings", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that these rules are put on every council agenda below our goals and over time, including just recently, there have been questions directed to his office. It says you may address any item, and it emphasizes any, on the agenda by stepping forward. People would ask why does the Mayor say he doesn't have to let people speak. Mayor Hurley stated he doesn't recall ever not allowing comment, but it just was a sticky point. So in clarification what we really want to do, nobody wants a plebiscite, nobody expects that your elected representatives are not going to do their job and think and study about things and represent the people. We are not going to take every single item and open it up to a hearing. On the other hand there are things, certainly in a hearing which we have had several tonight, where we have had time for a public hearing, and we definitely ask for input and we listen to it all until it is done. But on resolutions occasionally people say well wait a minute I want to talk about that, and that is where he is trying to lay the groundwork. Four, five, six and seven are just exactly the same. In number one, just saying that its not required but we can have orals. That speaks to the orals part of our agenda. We don't have to have orals. Number two speaks to the presider whether its him, the pro tem, or a chair of a standing committee. At that presiders discretion you can address an item on the agenda. Step up to the podium and after recognition you can speak. Then at the hearing where we absolutely invite participation. Mayor Hurley stated that is what this is all about, just trying to clear things up for our interested citizens. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-695. NEW BUSINESS 129464 - Greenwood/Hart that communication from Community Planning & Development Director transmitting application with Iowa Department of Economic Development for a Community Development Block Grant for Infrastructure for Disaster Recovery funding of lift stations in the Blowers Creek area, Vinton Street area, Dry Run Creek area, Virden Creek area and Westfield area, be received, placed on file and "Resolution setting date of hearing as July 27, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described application", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-696. 129465 - Greenwood/Hart that communication from Community Planning & Development Director transmitting application with Iowa Department of Economic Development for Community Development Block Grant for Infrastructure for Disaster Recovery funding of lift stations improvements at Cedar Bend Street, Hollywood Avenue and Fletcher Avenue, be received, placed on file and "Resolution setting date of hearing as July 27, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described application", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-697. • • 1 • • July 13, 2009 Page 9 ORAL PRESENTATIONS 129466 - Phil Goedken, 409 Baltimore Street, stated that on June 28, 2009 about 8:30 p.m. a neighbor boy just two houses from where he lives darted out on his bicycle on West 3rd Street and got hit by a van. Its nobody's fault, its just one of those things that happen. In a newspaper article he got from the on-line Courier on July 10, 2009, Mr. Welper encouraged people to come forward and talk about the conditions of the intersection. Mr. Goedken stated there has been a huge increase in the presence of patrol on his part of town, and its been appreciated as it is making a difference. If you start on West 3rd Street, a main arterial road at Allen, you have a bit of a curb there and your heading southerly direction. By the time you get to Bayard you come to a sharper curve. Its six blocks. Baltimore is the middle of that six -block stretch. Traffic in that area seems to accelerate until it gets to his intersection and slows down when it gets to the curb. It doesn't matter if their going north or south. The other thing about that particular intersection when compared to the other six blocks, all four corners of it have old growth trees. There are times where there have been vacant houses where he trimmed them so he could walk without bending over. A couple of those trees, two on the corners, are actually in the parking. On one side there are some new trees less than 15 years old that are very low. Branches are only three feet off the ground. When you pull out into that intersection, whether your coming from either direction on Baltimore wanting to go on West 3r1 Street, whether your turning right or left you have to get out into traffic to see because the parking is not restricted to the stop sign. Mr. Goedken noted that there is an ordinance, he can't remember if it is twelve or eighteen feet, but its not enough. We need to have it back a little further so that we can see or some serious tree work needs to be done. They are all beautiful, but we've need to do something so that that intersection is more visible. With the amount of traffic that is there they would love to have a stop sign but he doesn't think that is a practical thing on an arterial but he would at least like the city to take a look at that to open that thing up so that people can see what is going on. Maybe there is some trimming that does need to be done on the trees that are in the parking. If you take the time and drive down those six blocks you will see that that is the only intersection that is blocked from every direction no matter which way that your going. It is a dangerous place to come out of. There have been many fender benders there, there have been a few where there has been some bodily injury. This is the first time where someone was hurt bad enough he is going to have continuous medical care for at least six months. He is going to have on-going issues for a long time because they have taken a piece out of his head that's as big as his hand just for him to be able to recover. Mr. Goedken asked Mayor Hurley to send traffic engineering out there to take a look at this and consider doing something to help control the traffic there. Mayor Hurley stated that the day after the accident, he sent Traffic to look at this area. Mayor Hurley stated that Traffic Operations sent out a letter to the neighbors, and they should receive the letter today about a proposal that will come before the council to move parking back from Baltimore Street to the alley. We are pulling it back both the north and south directions, and that will be explained in the letter that the residents get. Councilperson Cole commented that she has a note from Art Knowledge News, which is an e -newsletter. It covers such institutions as the Royal Academy of Arts Exhibition, the Real Van Gough, and Christie's London Auction of Old Masters in 19th Century Art, and right in the middle of it is the Dreaming Cows Exhibition at the Waterloo Center for the Arts. Councilperson Cole encouraged everybody to go, and she thinks it is really cool that Waterloo is listed with these other very important art institutions. Councilperson Cole gave an update on the Youth Pavilion attendance in the past six months: 15,456 visitors. That is an average of 2,576 a month, and over 12 months we have had 30,311 visitors. Councilperson Cole congratulated the Center for the Arts. Mayor Hurley noted that its probably over 43,000 in attendance since the Youth Pavilion opened. Mayor Hurley stated he was there Saturday for the opening night of High School Musical, and he recommends it if you can get tickets and watch for the red head who is making her debut, his granddaughter. Getty/Reggie Schmitt that the above oral comments be received and placed on file and the Council adjourn at 6:13 p.m. Ayes: Six. Absent: Steve Schmitt. Motion carried. Nancy Ec ert, CMC City Clerk