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HomeMy WebLinkAboutMinutes-07/27/2009• July 27, 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 27, 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: Jim Walsh, City Attorney. 129520 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, July 27, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 129521 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular at 5:30 p.m., be accepted and approved. Ayes: Session on Monday, July 20, 2009, Seven. Motion carried. Mayor Hurley read a Proclamation declaring July 31 - August 2, 2009 as Iowa Irish Fest Days. CONSENT AGENDA 129522 - Reggie Schmitt/Steve Schmitt that the following items on the consent agenda approved: a. Resolutions to approve the following: be received, placed on file and 1. Resolution approving Schedule AP642, pp. 1-49, dated July 27, 2009, in the amount of $1,906,342.41, 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. 2009-728. 2. Communication from Police Chief transmitting request of Pathways Behavioral Services to hold 6th annual Run, Walk and Roll for a Drug Free Community to be held on October 31, 2009 at 9:00 a.m., with the route to start and end on the access road in front of the Pathways Building at 3362 University Avenue. Resolution adopted and upon approval by Mayor assigned No. 2009-729. 3. Communication from Police Chief transmitting request of the Black Hawk County 4-H Shooting Sports group for a variance to the Code of Ordinances concerning discharging of weapons (5-2-6B) to fire air rifles on July 30, 2009 as part of the Black Hawk County 4-H & FFA Fair being held a the Cattle Congress Grounds. Resolution adopted and upon approval by Mayor assigned No. 2009-730. b. Motion -to approve the following: 1. Eric Thorson, City Engineer, to attend American Public Works Association Iowa Chapter 2009 Fall Conference in Council Bluffs, Iowa on August 26-28, 2009, with costs not to exceed $397.00, including use of city vehicle. 2. Johanna Kramer -Weston, Public Programs Coordinator, to attend Midwest Arts Conference in St. Paul, Minnesota on September 9-12, 2009, with costs not to exceed $1,015.00, including use of city vehicle. 3. Jason Kayser, Fire Engineer, to attend Fire Dynamics Fire Modeling Class in Emmitsburg, Maryland on August 2-15, 2009, with costs not to exceed $232.20. c. Wine License Permit Application Class B Five Sullivan Brothers Convention Center, 200 West 4th Street (Additional Privileges) (Expires 4/30/10) (Includes Sunday Sales) July 27, 2009 Page 2 Consent Agenda continued d. Beer/Liquor License Permit Application Class C Cafe Bar Fontana, 801 Commercial Street (Renewal) (Expires 7/31/10) (Includes Sunday Sales) Mustang Bar, 1927 Jefferson Street (New) (Expires 7/22/10) (Includes Sunday Sales) e. Fireworks Display Application Dermatology Associates at the Supervisors Club on August 21, 2009 f. Bonds. Ayes: Seven, with Councilperson Steve Schmitt abstaining on PV in the amount of $372.50 for work performed by Schmitt Telecom Partners. Motion carried. HEARINGS 129523 - Steve Schmitt/Welper that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on July 17, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129524 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Seven. Motion carried. 129525 - Steve Schmitt/Welper that "Resolution approving said application and authorizing submission of same", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-731. 129526 - Steve Schmitt/Welper that "Resolution granting certain financial assurance to the Iowa Department of Economic Development", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-732. 129527 - Steve Schmitt/Welper that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on July 16, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129528 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Seven. Motion carried. 129529 - Steve Schmitt/Welper that "Resolution approving said application and authorizing submission of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-733. • • • 1 July 27, 2009 Hearings continued 120530 - Steve Schmitt/Welper Page 3 that "Resolution granting certain financial assurance to the Iowa Department of Economic Development", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-734. UNFINISHED BUSINESS 129531 - Hart/Reggie Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $24,999.99 to Miller Fence Co., Inc. of Waterloo, Iowa in conjunction with 2009 Tibbitts Baseball Complex Fencing Project, 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. 2009-735. 129532 - Hart/Reggie Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $79,830.00 to Pries Roofing, Inc. of LaPorte City, Iowa in conjunction with 2009 Gates Park Pro Shop Reroofing Project, 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. 2009-736. 129533 - Hart/Reggie Schmitt that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $48,802.00 to Kayser Plumbing & Heating in conjunction with General Obligation Bond Demolition Project, Contract No. 163 -D -GO -07-20-09, 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. 2009-737. PETITIONS FROM PUBLIC 129534 - Welper/Steve Schmitt that communication from City Planner transmitting request of John Rice to rezone from "C-1" Commercial District to "C-2" Commercial District with Conditions approximately 1.04 acres generally located at 2260 Independence Avenue at the southeast corner of Independence Avenue and Bishop Avenue for purpose of establishing an auto sales lot with incidental repair as well as tire and detailing shop, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 10, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-738. DOCUMENTS 129535 - Greenwood/Steve Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with Snyder & Associates of Ankeny, Iowa at a cost not to exceed $50,000.00 and additional not to exceed $29,390.00 to provide professional services for the Storm Water Utility fee, 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. 2009-739. July 27, 2009 Page 4 Documents continued 129536 - Greenwood/Steve Schmitt that communication from City Planner transmitting application with Iowa Department of Economic Development for Supplemental Community Development Block Grant Disaster Recovery Funding for acquisition and demolition of numerous commercial and residential properties within the city and designate City Planner as authorized representative, 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. 2009-740. 129537 - Greenwood/Steve Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Cunningham Construction, Inc. of Cedar Falls, Iowa at a cost of $375,027.48 in conjunction with F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-741. 129538 - Steve Schmitt/Reggie Schmitt that communication from Superintendent of Traffic Operations transmitting Change Order No. 1 for a net increase in the amount of $1,650.00 and a quantity adjustment for a decrease in the amount of $18,014.13 for work performed by Peterson Contractors, Inc. in conjunction with Orange Road and Iowa 21 Intersection Improvements, Contract No. 699, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 129539 - Steve Schmitt/Reggie Schmitt that communication from Superintendent of Traffic Operations transmitting Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. at a total cost of $849,733.25 in conjunction with Orange Road and Iowa 21 Intersection Improvements, Contract No. 699, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-742. 129540 - Steve Schmitt/Reggie Schmitt that communication from Airport Director transmitting agreement with Iowa Department of Transportation for FY 2010 Commercial Service Vertical Infrastructure Program grant in the amount of $104,376.00, with no required match, to replace T -Hangar doors at the Waterloo Airport, 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. 2009-743. 129541 - Welper/Reggie Schmitt that communication from Planner II transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $90,000.00 for property located at 324 Oneida Street and located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-744. • • • • July 27, 2009 Documents continued Page 5 129542 - Welper/Reggie Schmitt that communication from Planner II transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $87,777.00 for property located at 1317 Solar Drive and located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-745. 129543 - Welper/Reggie Schmitt that communication from Planner II transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $87,777.00 for property located at 1323 Solar Drive and located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-746. 129544 - Reggie Schmitt/Welper that communication from Community Development Director transmitting application with Iowa Department of Economic Development for CDBG Supplemental Flood Recovery Funds for Multi -Family (Rental) Unit Production - New Construction, be received, placed on file and "Resolution approving said application", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley questioned with everything going on if Community Development staff would be able to administer this grant, and does Waterloo need this kind of assistance. Rudy Jones, Community Development Director, reported that they do not have any documentation of multi -units being damaged in the flood. Mr. Jones stated he is hearing there might be somewhat of a need, but Community Development staff is so inundated with all the other projects and they are already over capacity. Mayor Hurley noted that the buyout process is just around the corner. Mayor Hurley asked if there is a drop dead timeline for when the money has to be spent Mr. Jones responded that the state did not say when the units had to be built or occupied, but they anticipate the state will want the units completed in 18 months. Mr. Jones noted that the assistance is in the form of a five-year forgivable loan. Councilperson Reggie Schmitt noted that it says this activity is primarily targeted at communities that lost multi -family rental units as a result of the 2008 flood event. Councilperson Reggie Schmitt stated that if we apply we go to the bottom of the list because we don't qualify. Mr. Jones stated he talked with state officials who thought Waterloo might be a lower priority. Councilperson Steve Schmitt stated he attended the Community Development Board meeting, and someone mentioned that while Waterloo did not lose multi -unit rental properties, we lost other rental property and have other rental properties in deplorable condition, and he supports this application. Councilperson Hart stated that the market equates to need, and he sees other types of moneys coming in. Councilperson Hart stated there could be other communities totally wiped out that are more qualified, and we could just be spinning our wheels. Mr. Jones stated he is not saying there is not a need, but staff needs to focus on new construction and those people affected by the flood. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Cole, Getty, Hart, Reggie Schmitt. Motion failed. July 27, 2009 Documents continued 129545 - Reggie Schmitt/Welper Page 6 that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $623,755.00 with Restoration Systems, Inc. of Chaska, Minnesota in conjunction with Commercial Street Parking Garage Repairs, Phase II, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-747. 129546 - Reggie Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by Failor Hurley Construction of Hudson, Iowa at a total cost of $66,675.00 in conjunction with 2008 Stone Replacement for the Waterloo Public Library, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-748. 129547 - Cole/Greenwood that communication from Community Planning & Development Director transmitting agreement with Federal Aviation Administration (FAA) for repayment in the amount of $223,236.00 for release of approximately 43.13 acres of land generally located at the Waterloo Regional Airport, with city required to pay 50 percent of the appraised value, or $111,618.00, 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. 2009-749. 129548 - Cole/Greenwood that communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a cost of $40,000.00 for writing, preparation, submittal and administration of CDBG Infrastructure For Disaster Recovery funds with Iowa Department of Economic Development for residential lift stations at Cedar Bend, Fletcher and Hollywood, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-750. 129549 - Cole/Greenwood that communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a cost of $40,000.00 for writing, preparation, submittal and administration of CDBG Infrastructure For Disaster Recovery funds with Iowa Department of Economic Development for business lift stations at Westfield, Blowers, Vinton, Virden, and Dry Run Creek, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-751. RESOLUTIONS TO BE ADOPTED 129550 - Getty/Reggie Schmitt that communication from Airport Director transmitting request for authorization to pay Schweiss Doors of Fairfax, Minnesota the amount of $67,500.00 to replace three hangar doors at the Waterloo Regional Airport that were damaged in the recent storm, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-752. • • July 27, 2009 Page 7 Resolutions to be Adopted continued 129551 - Getty/Reggie Schmitt that "Resolution approving an advance of funds in the amount of $111,618.00 for repayment from the MidPort Urban Renewal Tax Increment Revenue Fund for release from Federal Aviation Administration property generally located on the western perimeter of the airport property south of Dunkerton Road, generally located easterly of the Lone Tree Road/Leversee Road Intersection from exclusive airport use for the purpose of economic development and direct filing of Certification Under Iowa Code Section 403.19", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-753. 129552 - Getty/Reggie Schmitt that "Resolution approving an advance of funds not to exceed $217,000.00 for repayment from the Northeast Industrial Urban Renewal Tax Increment Revenue Fund for purpose of making an economic development grant to Veteran Enterprises, Ltd. and repaying related expenses and direct filing of Certification Under Iowa Code Section 403.19", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-754. 129553 - Getty/Reggie Schmitt that "Resolution approving an advance of funds not to exceed $115,000.00 for repayment from the Rath Urban Renewal Tax Increment Revenue Fund for purpose of making an economic development grant to Secor Investments, LLC and repaying related expenses and direct filing of Certification Under Iowa Code Section 403.19", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-755. 129554 - Getty/Reggie Schmitt that "Resolution authorizing installation of a speed hump in the 1400 block of Huntington Road", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-756. 129555 - Hart/Cole that "Resolution calling for a public referendum to be held on November 3, 2009 to authorize the imposition of a local sales and service tax in the City of Waterloo, Iowa, at the rate of one percent to be effective January 1, 2011", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that council had a work session earlier today and these are the changes that were discussed: Adding the word improvement of existing streets to number one where it says One hundred percent of the revenue generated in the City of Waterloo, Iowa be designated for (1) reconstruction/repair/replacement of existing streets; and delete the words stated or federal when talking about matching funds because the city could get funding from other sources. The other change is that the sales tax would be for seven years as opposed to the current five years. It was suggested to table the resolution to next week so that the changes could be added to the resolution and council will have the correct language when voting. Greenwood/Steve Schmitt that this resolution be tabled to Monday, August 3, 2009. Ayes: Seven. Motion carried. 129556 - Hart/Steve Schmitt that communication from Community Planning & Development Director transmitting request to declare 120 -day moratorium for new alcohol related drinking and retail establishments, be received, placed on file and "Resolution approving said 120 day moratorium", be adopted. July 27, 2009 Page 8 Resolutions to Be Adopted continued Prior to a vote on the above motion, the following comments were heard. Noel Anderson, Community Planning & Development Director, distributed a copy of the language for the moratorium. Mr. Anderson explained that staff has been gathering information from other communities and will bring that back to the council. Mayor Hurley noted that number 1 in the wording defines a liquor store and number 2 defines a tavern. Councilperson Getty stated he agrees 100 percent with this moratorium. Councilperson Getty stated he was concerned last week when we zoned that property for the city. Councilperson Getty stated that Roosevelt Roby was going to contact Planning & Zoning to bring his request back for a convenience store. If this moratorium passes, it will stop Mr. Roby's project. Councilperson Steve Schmitt asked if the city needs a moratorium or could we just deal with them as they come along. Councilperson Steve Schmitt stated this moratorium could stop a nationally known chain from coming to Waterloo. Councilperson Steve Schmitt asked what is the purpose of the moratorium. Mayor Hurley stated that we want to be as fair and equitable as we can be and balance that with the voices of our citizens. Staff is looking at other cities, and we have questions such as what do we do with the downtown where we want them to cluster. Councilperson Hart asked what other cities are staff looking at. Mr. Anderson responded cities in similar size such as Iowa City, Davenport, Dubuque and Sioux City. Councilperson Reggie Schmitt noted that the moratorium would not apply to restaurants. Jim Walsh, City Attorney, responded that the moratorium should not affect new restaurants, and four months might just be short enough. Councilperson Hart noted that the a bar and liquor store are spelled out in the moratorium language. 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. 2009-757. ORDINANCES TO BE ADOPTED 129557 - Hart/Reggie Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 401 to Section 2A-5, Rezoning Certain Property" (rezone from "R -3,R -P" Planned Residence District to "C -P" Planned Commercial District approximately 1.47 acres generally located at the northeast corner of Idaho Street and Martin Luther King Jr. Drive for potential commercial development) be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 129558 - Hart/Reggie Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 129559 - Hart/Reggie Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 401 to Section 2A-5, Rezoning Certain Property", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4950. • • • • July 27, 2009 Page 9 Ordinances to be Adopted continued 129560 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (394) Third Street (W) of Section 551, Parking Prohibited At All Times on Certain Streets; and enacting in lieu thereof a new Subsection (394) Third Street (W) of Section 551, Parking Prohibited At All Times (restrict parking on the west side of the 1100 block of W. 3rd Street from Baltimore Street northbound to the alley and to restrict parking on the east side of the 1200 block of W. 3rd Street from Baltimore Street southbound to the alley)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked how many parking spaces would be eliminated. Sandie Greco, Superintendent of Traffic Operations, responded that four parking spaces on each side would be eliminated. Councilperson Greenwood asked what affect the ordinance will have on the parking space availability for citizens living in this area because of the multiple unit dwellings. Sandie Greco, Superintendent of Traffic Operations, noted that she mailed out a letter to property owners and received 11 unopened letters back. Ms. Greco stated that the mayor's office received one e-mail from a woman who stated that she does not have a driveway and parks on the street it front of her house. Ms. Greco noted that they do have alleys in this area. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 129561 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 129562 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (394) Third Street (W) of Section 551, Parking Prohibited At All Times on Certain Streets; and enacting in lieu thereof a new Subsection (394) Third Street (W) of Section 551, Parking Prohibited At All Times (restrict parking on the west side of the 1100 block of W. 3rd Street from Baltimore Street northbound to the alley and to restrict parking on the east side of the 1200 block of W. 3rd Street from Baltimore Street southbound to the alley)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4951. NEW BUSINESS 129563 - Welper/Reggie Schmitt to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with Williston/18th & US 218/Washington Traffic Safety Project, CS -TSF -8155(706)-85-07, be received, placed on file and approved. Ayes: Seven. Motion carried. 129564 - Welper/Reggie Schmitt that plans, specifications, form of contract, etc. in conjunction with Williston/18th & US 218/Washington Traffic Safety Project, CS -TSF -8155(706)-85- 07, be received and placed on file. Ayes: Seven. Motion carried. 129565 - Welper/Reggie Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-758. July 27, 2009 Page 10 New Business continued 129566 - Welper/Reggie Schmitt that "Resolution setting date of hearing contract, etc. as August 10, 2009 at 5:30 p and taking of bids on the above described instructed to publish notice of same. Ayes: on plans, specifications, form of .m. in the City Hall Council Chambers project", be adopted and City Clerk Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-759. ORAL PRESENTATIONS 129567 - Brent Williams, 1442 Robin Road, reported that he just wanted to make sure everyone is aware the grant with the Iowa Department of Economic Development for CDBG Supplemental Flood Recovery for Multi -Family Rental Unit Production - New Construction will provide a not to exceed $5,000.00 per unit to cover staff administration. Mr. Williams stated he believes there is desperate need for rental units in Waterloo. These would be brand new and would meet the green standard for efficiency. Mr. Williams asked the council to reconsider the grant application. Construction of these units would also bring money to our community. Roosevelt Roby asked the council to reconsider what they did last week to his rezoning request, especially in light of the new regulations. Mr. Roby stated that Planning and Zoning staff drew up a restrictive covenant, and he distributed a copy to council members. Mr. Roby stated he can wait on the moratorium, but he wants the right to have a convenience store. Mr. Roby asked the council to reconsider his rezoning request and go over the restrictive covenant drawn up by staff, which he will sign. Mr. Roby stated he feels he is being fair. They will wait for the moratorium and subject themselves to it and subject themselves to the restrictive covenant. Mayor Hurley acknowledge that Mr. Williams is correct that the city would receive $5,000.00 per unit for costs to administer the grant, but Mr. Jones is saying his department is swamped, not getting to other stuff and the buyout is coming up. Mayor Hurley stated the city would have to hire people for this program, but then they would have to be laid off once the funds are gone. Councilperson Hart stated in addition what would the city report when the state asks about guidelines. Getty/Reggie Schmitt that the above oral comments be received and placed on file and the Council adjourn at 6:30 p.m. Ayes: Seven. Motion carried. C-C4C)-t-5S— Na cy e t, CMC City C k •