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HomeMy WebLinkAboutMinutes-05/18/2009May 18, 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, May 18, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Getty. Moment of Silence. Pledge of Allegiance: Eric Thorson, 129047 - Reggie Schmitt/Steve Schmitt City Engineer. that the Agenda, as amended, for the Regular Session on Monday, May 18, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 129048 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session Six. Absent: Getty. Motion on Monday, May 11, 2009, at 5:30 p.m., be accepted and approved. Ayes: carried. Mayor Hurley read a Proclamat Works Week. ion declaring May 17-23, 2009 as National Public Mayor Hurley read a Proclamation declaring May 19, 2009 as Youth Baseball and Softball Day. Mayor Hurley read a Proclamation declaring May 23, 2009 as KOKZ Cool 105.7 Fourth Street Cruse. Mayor Hurley read a Proclamation declaring May 17-23, 2009 as Emergency Medical Services Week. CONSENT AGENDA 129049 - Reggie Schmitt/Steve Schmitt 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. 1-72, dated May 18, 2009, in the amount of $890,457.74, 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. 2009-435. 2. Communication from City Clerk transmitting request of Waterloo Public Library for a variance to the Noise Ordinance on June 17, 2009 from 7:00 p.m. to 8:00 p.m. in conjunction with Rock'n Read Program to be held in the Library parking lot, including a band and PA system, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2009-436. 3. Communication from City Engineer transmitting request of Brenda Jarchow for a waiver for a concrete driveway to be located at 825 Bayard, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2009-437. 4. Communication from City Engineer transmitting request of Craig Cose for a waiver for a concrete driveway to be located at 890 Belle Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2009-438. May 18, 2009 Page 2 Consent Agenda continued 5. Communication from Police Chief transmitting request of Cool 105.7 Radio to hold the 4th Street Cruise on May 23, 2009 from 12:00 Noon to 4:00 p.m. with cars from the East side will travel from Mulberry Street across the river on Fourth Street to Bluff Street and will return on Park Avenue back to Mulberry Street; cars from the West side will travel from Bluff Street across the river on Fourth Street to Mulberry Street and will return to Bluff Street on Fifth Street, with alternate route if 4th Street is not finished. Resolution adopted and upon approval by Mayor assigned No. 2009-439. 5a. Communication from Police Chief transmitting request of Executive Director of My Waterloo Days to hold My Waterloo Days event on May 28-31, 2009, with activities to be held at the Expo Plaza and Lincoln Park, including People In The Park on May 28-29, Fireworks on May 29, and Parade and 5K Run on May 30, including street closures and barricade needs. Resolution adopted and upon approval by Mayor assigned No. 2009-440. b. Motion to approve the following: 1. Nancy Gulick, Community Development Coordinator, to attend Prevention and Rapid Re -Housing Program Training in Chicago, June 3-5, 2009, with costs not to exceed $960.00, including vehicle. Homelessness Illinois on use of city 2. Gary Ciddio, Fire Lieutenant; and Shane Schellhorn, Fire Engineer; to attend Juvenile Firesetters Intervention Specialist I Class in Ames, Iowa on May 15-16, 2009, with costs not to exceed $220.64, including use city vehicle. of 3. Gary Ciddio, Fire Lieutenant; and Shane Schellhorn, Fire Engineer; to attend Juvenile Firesetters Intervention Specialist II Class in Ames, Iowa on June 5-6, 2009, with costs not to exceed $220.64, including use of city vehicle. 4. Mike McNamee, Police Lieutenant, to attend Property Evidence Training Seminar in Ames, Iowa on May 14-15, 2009, with costs not to exceed $528.00, including use of city vehicle. 5. Dave Bovy and Brad Walter, Police Officers, to attend Midwest Association of Technical Accident Investigators Conference in Wisconsin Dells, Wisconsin on June 8-11, 2009, with costs not to exceed $1,132.67, including use of city vehicle. 6. Communication from Mayor Tim Hurley transmitting recommendation of appointment of Cyd McHone and Bari Richter to the Waterloo Convention and Visitors Bureau, with term expiration date of June 30, 2012. c. Beer/Liquor License Permit Application Class C Chaser's Pub, 3005 University Avenue (Renewal) (Expires 7/7/10) (Includes Sunday Sales) Diamond Daves Crossroads, 124 Crossroads Blvd. (Renewal) (Expires 5/14/10) (Includes Sunday Sales) Monica's, 324 East 4th Street (Renewal) (Expires 5/20/10) (Includes Sunday Sales) Wildside, 312 West 4th Street (New) (Expires 4/30/10) (Includes Sunday Sales) d. Fireworks Display Application Waterloo Bucks Baseball, 850 Park Road, for May 30, June 6, June 20, July 3 and August 6, 2009 My Waterloo Days for May 29, 2009 from the bank of the Center For The Arts e. Outdoor Service Area Application Chasers Pub, 3005 University Avenue f. Bonds. g. Motion to deny the following: Outdoor Service Area Application The Winning Edge, 341 Fletcher Avenue Ayes: Six. Absent: Getty. Motion carried. 1 • • • May 18, 2009 Page 3 HEARINGS & BIDS 129050 - Steve Schmitt/Welper that proof of publication of notice of public hearing on Purchase of Four Galvanized Mast Arm Poles for Traffic Signals, Easton & Hammond Traffic Safety Improvements, Contract No. CS -TSF -8155(702)-85-07, as published in the Waterloo Courier on May 8, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129051 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Greenwood that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 129052 - Steve Schmitt/Greenwood that "Resolution confirming approval of plans, specific Purchase of Four Galvanized Mast Arm Poles for Traffic Signals, Easton & Hammond Traffic Safety Improvements, Contract No. CS -TSF -8155(702)-85-07", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-441. 129053 - Steve Schmitt/Greenwood that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-442. 129054 - Steve Schmitt/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Bond Bid Amount Crescent Electric Supply Company, Waterloo, IA 5% $11,987.78 3E Company, Waterloo, IA 5% $12,260.22 Ayes: Six. Absent: Getty. Motion carried. HEARINGS 129055 - Reggie Schmitt/Greenwood that proof of publication of notice of public hearing on Issuance of not to exceed $5,060,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high water, including flood control, storm water, tributary and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; the acquisition, construction and installation of storm sewer and sanitary sewer improvements, including pump station, lift station and interceptor improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; the rehabilitation and improvement of city parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in city parks, including sports facilities and boating center improvements and the acquisition of off-road maintenance equipment; the acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including traffic signal and street light improvements; and the acquisition and improving of the automated GIS/GPS system, as published in the Waterloo Courier on May 5, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129056 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Reggie Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. May 18, 2009 Page 4 Hearings continued 129057 - Reggie Schmitt/Welper that "Resolution instituting proceedings to take additional action and authorizing issuance of said bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-443. 129058 - Reggie Schmitt/Greenwood that proof of publication of notice of public hearing on Issuance of not to exceed $6,350,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of refunding and refinancing of certain outstanding city indebtedness consisting of the General Obligation Bonds, Series 2001, dated June 1, 2001, as published in the Waterloo Courier on May 5, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129059 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Reggie Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 129060 - Reggie Schmitt/Welper that "Resolution instituting proceedings to take additional action and authorizing issuance of said bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-444. 129061 - Reggie Schmitt/Greenwood that proof of publication of notice of public hearing on Issuance of not to exceed $710,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of refunding and refinancing of certain outstanding city indebtedness consisting of General Obligation Bonds Taxable Series 2003B, dated June 15, 2003, as published in the Waterloo Courier on May 5, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129062 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none Reggie Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 129063 - Reggie Schmitt/Welper that "Resolution instituting proceedings to take additional action and authorizing issuance of said bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-445. 129064 - Reggie Schmitt/Greenwood that proof of publication of notice of public hearing on Issuance of not to exceed $1,620,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of aiding in the planning and undertaking and carrying out of urban renewal project activities and the Urban Renewal Plans for the Rath Tax Increment Redevelopment Area, the MidPort America Business Park at Waterloo Airport and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including the downtown development plan, the acquisition of properties and clearance and preparation of the same for public and private redevelopment, and the construction, repair and improvement of the Commercial Street Parking Ramp, as published in the Waterloo Courier on May 5, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129065 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Reggie Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. • • • • May 18, 2009 Page 5 Hearings continued 129066 - Reggie Schmitt/Welper that "Resolution instituting proceedings to take additional action and authorizing issuance of said bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-446. 129067 - Cole/Hart that proof of publication of notice of public hearing on Issuance of not to exceed $680,000.00 General Obligation Bonds for General Corporate Purposes to pay costs of reconstruction, renovation and improvement of Riverfront Stadium, Young Arena, the Center For The Arts and Youth Pavilion, as published in the Waterloo Courier on May 5, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129068 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 129069 - Cole/Hart that "Resolution instituting proceedings to take additional action and authorizing issuance of said bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-447. 129070 - Cole/Hart that proof of publication of notice of public hearing on Issuance of not to exceed $550,000.00 General Obligation Bonds for General Corporate Purposes to pay costs of acquisition of capital equipment, office equipment and vehicles for various city departments, operations and buildings, as published in the Waterloo Courier on May 5, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129071- This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 129072 - Cole/Hart that "Resolution instituting proceedings to take additional action and authorizing issuance of said bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-448. 129073 - Cole/Hart that proof of publication of notice of public hearing on Issuance of not to exceed $700,000.00 General Obligation Bonds for General Corporate Purposes to pay costs of reconstruction, remodeling, improvement, equipping and repairing of various city buildings and facilities, including the Five Sullivan Brothers Convention Center, Central Garage, Fire Stations, Public Library and swimming pools renovations, as published in the Waterloo Courier on May 5, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129074 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. May 18, 2009 Hearings continued 129075 - Cole/Hart Page 6 that "Resolution instituting proceedings to take additional action and authorizing issuance of said bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-449. 129076 - Cole/Hart that proof of publication of notice of public hearing on Issuance of not to exceed $390,000.00 General Obligation Bonds for General Corporate Purposes to pay costs of improvement of city golf courses and acquisition of maintenance equipment, as published in the Waterloo Courier on May 5, 2009, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129077 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 129078 - Cole/Hart that "Resolution instituting proceedings to take additional action and authorizing issuance of said bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-450. DOCUMENTS 129079 - Greenwood/Steve Schmitt that communication from Planner II transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $82,000.00 for property located at 409 Thompson Avenue, together with recommendation of approval, 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: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-451. 129080 - Greenwood/Steve Schmitt that communication from Fire Chief transmitting application with U.S. Department of Homeland Security, Federal Emergency Management Agency 2009 Assistance to Firefighters grant in the amount of $203,475.00, with required 20 percent local match, to be used to purchase 31 SCBAs, 69 face pieces and related equipment, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-452. 129081 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting Certified Local Government National Register Review form with United States Department of the Interior National Park Services to nominate the Fowler Building, corner of Lafayette Street and East 4`h Street, for National Register of Historic Places, be received, placed on file and "Resolution approving said recommendation", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-453. 129082 - Greenwood/Steve Schmitt that communication from Superintendent of Waste Management Services transmitting agreement with Terracon Consulting Engineers of Cedar Falls, Iowa, at a cost of $2,485.00 for subsurface exploration and laboratory testing for the construction of the shallow foundation system and floor slab for the WPFC Storage Building, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-454. • • • • May 18, 2009 Documents continued 129083 - Welper/Reggie Schmitt Page 7 that communication from Airport Director transmitting agreement with AECOM of Waterloo, Iowa at a cost of $182,000.00 for construction related engineering services for the Rehabilitation of Runway 18/36 at the Waterloo Airport, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-455. 129084 - Welper/Reggie Schmitt that communication from Airport Director transmitting agreement with AECOM of Waterloo, Iowa at a cost of $320,000.00 for construction related engineering services for the federal stimulus portion of Rehabilitation of Runway 18/36 at Waterloo Airport, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-456. 129085 - Welper/Reggie Schmitt that communication from Associate Engineer transmitting agreement with VJ Engineering of Cedar Falls, Iowa at a cost not to exceed $28,250.00, with 50 percent required city match, for engineering services for the F.Y. 2010 New Road Off Of Airline Highway, Contract No. 767, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-457. 129086 - Welper/Reggie Schmitt that communication from Assistant City Engineer transmitting Change Order No. 7 for a net increase in the amount of $54,346.60 for work performed by Cedar Valley Corp in conjunction with F.Y. 2008 West Commercial Street Extension, River Road Relocation and Storm Water Pump Station, Contract No. 720, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Motion carried. 129087 - Hart/Cole that communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for funding in the amount of $62,000.00, with 20 percent required local match, for Traffic Safety Awareness Campaign, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-458. 129088 - Hart/Cole that communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments to write EDA grant for lift station improvements 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 approving said Memorandum of Understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-459. 129089 - Hart/Cole that communication from Community Planning & Development Director transmitting application with Environmental Protection Agency for grant in the amount of approximately $8.175 million for funding permanent lift station improvements 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 approving said application", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. May 18, 2009 Documents continued Page 8 Councilperson Greenwood inquired about the timeline for Blowers Creek. Mayor Hurley responded its our number one priority when it comes to lift stations. We have identified possible funding in the CIP. We have already purchased all the portable pumps. This will probably not happen this year, but perhaps as early as next year if we receive the funding. Eric Thorson, City Engineer, stated if the city is successful in getting this EDA funding then we will have to go through a selection process to hire a consultant to design the project. The consultant will design the project, we will have to bid it out and typically pumps of that size take a while to get. They are not usually on the shelves so they'll probably have to be manufactured. If things went really smoothly and everything kind of clicked, there is Corp and DNR review, then we might be able to get it under construction next year. But more likely, it might be the following year. The sooner we know about this grant the sooner we'll be able to get started on that selection process. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-460. NEW BUSINESS 129090 - Steve Schmitt/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 West Shaulis Road, Contract No. 759, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 129091 - Steve Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 West Shaulis Road, Contract No. 759, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129092 - Steve Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-461. 129093 - Steve Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 15, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-462. 129094 Steve Schmitt/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 U.S. 63/U.S. 218 Interchange Area, Contract No. 757, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 129095 - Steve Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 U.S. 63/U.S. 218 Interchange Area, Contract No. 757, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129096 - Steve Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-463. • • • • May 18, 2009 Page 9 New Business continued 129097 - Steve Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 15, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-464. 129098 - Steve Schmitt/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of One Current Year Tandem Dump Truck and Two Single Axle Dump Trucks With Snow Control Package for the Street Department, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 129099 Steve Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with Purchase of One Current Year Tandem Dump Truck and Two Single Axle Dump Trucks With Snow Control Package for the Street Department, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 129100 Steve Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described purchase", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-465. 129101 Steve Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and bid opening as June 8, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2009-466. ORAL PRESENTATIONS 129102 - Mike Carter explained that he is a former resident of Waterloo and just moved back to Waterloo about a year ago, and they felt because of the fact that he had been living in Texas for the last 20 plus years that he was the qualified candidate to come to the city council today to talk about the Juneteenth activities on June 19, 2009. Juneteenth is the oldest known celebration of ending of slavery dating back to 1865. It was on June 19 that the soldiers led by Major General Gordan Grainger landed in Galveston, Texas with the news that the war had ended and that all slaves were now free. Note that this was 2 years after the Emancipation Proclamation had been passed. That had little impact on Texas due to the minimal union troops that were involved in activities in the state of Texas. Grainger and his guys when they came into town pretty much were just passing information on that had already been given. There were many stories behind it that there was a murder of some messenger who was on his way to Texas who was killed. There were stories that the union troops were allowing slave masters to capitalize on another good year of crops in the cotton market. But whatever the stories have been or whether the stories have changed tradition continues on. A range of activities that are being provided right now to entertain the masses continue to this day, such as rodeos, fishing, barbeques, baseball. On January 1, 1980 Juneteenth became an official state holiday in the state of Texas through the efforts of an African American state legislator. The successful passage of this bill marked Juneteenth as the first Emancipation celebration granted official state recognition. They are in the process of working on Juneteenth becoming a nationally recognized holiday. What we are doing Waterloo and what they have been doing for the last 14 years is participating in the national Juneteenth celebration. Activities generally start on Friday of that weekend and continue through Sunday. Some of the activities will start on Friday at 1:00 p.m. with the Summer Harmony program at Lincoln Park. It will be followed by Hoopin for Jesus basketball tournament at Sullivan Park on Friday at 5:30 followed by a fashion show from 7:00 to 9:00 p.m. at the Talk Shop Cafe. May 18, 2009 Oral Presentations continued Page 10 The rest of the activities will continue on Saturday with a Hoopin for Jesus basketball championship game at Sullivan Park, a NAACP sponsored Peace March from Gates Lincoln Park and area churches to Sullivan Park at 10:00 a.m. The Cedar Valley local talent show followed by a gospel explosion and step show at 1:00 p.m. East High will have their summer concert series at 4:00 p.m. followed by a Blues Blowout from 6:00 to 9:00 p.m. by Jazzcap. Sunday will be Sunday service in the park from 11:00 a.m. until 1:00 p.m. followed by youth basketball tournament at 1:00 p.m. There will be plenty of vendors selling food, plenty of activities for families. Mr. Carter stated they are asking that the city continue to support the Martin Luther King, Jr. Center at Hawkeye Community College along with the other organizations that are participating in this: Talk Shop Cafe, Social Action Inc., NAACP, Shout Production Ministries, African American Museum, Waterloo Commission on Human Rights, City of Waterloo and Healing Touch. Any additional questions regarding activities that will be taking place or any way that you might be able to get involved in these activities can be directed to Ms. LaTonya Graves at 296-4440. Dale Willie, 2648 Saratoga Drive, reported that his wife and he took a trip to San Diego, California recently to visit his son and future daughter-in-law. They were told that when they left they could call the police department and ask for a police watch. He called and talked to dispatcher and gave her all of the pertinent information and was told that it would be watched. He doesn't know how shorthanded the police department is and whether or not it happened is immaterial, but the fact that it appeared on a public internet access and had his name and address as being gone, he will ask that the appropriate department heads take care of that. His wife was rather upset when she saw it on the computer herself and he was told about it, and he will leave that for the mayor to remedy for future people who go out of town requesting that their names and addresses aren't put in a public place where people can get at it. Mr. Willie stated the second item he would like to address is the flooding at Bontrager Park and the flow of water. The last two years he has had human feces floating in his basement from sewers backing up, and the cost to him as been enormous and the loss of items in his basement is rising. The floodgate was meant to keep children out, which he agrees is paramount. But it was also meant to keep out cornstalks and anything else that would clog up the sewer. The problem is that the grate is clogged. The water cannot go through the storm sewer where it belongs and consequently comes into Bontrager Park which it was designed to do. The gate is a flat gate, and when you put water pressure against it, it cannot be moved. Mr. Willie asked that the city consider looking at a boxed grate that would go straight up instead of out. It would be much easier to move it up than out. The flow of water that is coming into Bontrager Park come from the development of businesses like Lowe's, Sam's and the Audubon Park residential area, and now the development of the new business on the west side of Kimball and the south side of Marnan. A plan needs to be established eliminating the overflow of water into the sewers, thus leading to residents in that area having human waste flowing in their basement. He and many of the residents want to know about a new code. It says that you have to put in a sump pump if you are going to put in backup valves in the drains of your basement. Mr. Willie stated he has never, ever, ever had sewer water come into his basement like he has for two years, and he never had flood water. He knows of no sump pump that will take human waste and pump it out. He knows this new code was established just recently. Before he came he was told that plumbing inspector Bob Osgood told the two plumbers who gave him estimates about the code. Mr. Willie stated he thinks the code is ridiculous because if you are in a flood plain he agrees you need a sump pump, but he never had water in his basement. When he put in the sump pump, the plumber was amazed at how dry the ground was, both when the sump pump went in and when it came out. Mr. Willie stated he doesn't feel that citizens of Waterloo are being listened to when it comes to certain areas and this is one of them. He has numerous people who are willing to sign a petition. He wants to know why the flow of water has stopped from Bontrager and not going into Liberty Park. He knows that last year when the flood hit, the city boarded up that area to protect the downtown. He would like a response as to know why the water is not going from Bontrager into Liberty Park. Two weeks ago when we had that flooding there was no water in Liberty Park. They also feel the city is unaware of the danger that exists when there is that much water going over the bank. Right now there are currently four banks, one 90 feet and one 60 feet. The 60 foot bank is swayed so the water can flow over. It is a dangerous situation. He has six adopted grandkids. Two of them live right by the park. One of them is he calls Pocket Rocket. The last time the water was going over the park two weeks ago it was 6 feet deep going over the bank. What would happen if little Pocket Rocket decided to go and investigate it, slipped and was washed away. A two year old boy would have been lost. There is also concerns along that creek bank of large trees, some have fallen over. • • • • May 18, 2009 Page 11 Oral Presentations continued Not hurting anything at this point, but he would like to know who is responsible for those large trees along the creek bank, and what would happen if those trees fell on a house. Who would be responsible for cleaning up and repairing the homes in that area. Mr. Willie asked for something that is rightfully theirs. Government is to be for the people, by the people and of the people. For the people means that government is for the little people. By the people means that we elected you to hear our concerns and act on them. Of the people means you are the ones who we elected. We the people have the constitutional right to ask for a written report as to what you as the city council acting with the department heads, who have the knowledge to fix these things. He doesn't feel a petition is needed, but if asked he will produce one. Mayor Hurley stated he and Mr. Willie were discussing several of the items this morning, and he asked Mr. Willie to get a copy of what he read and add that to the other things he was discussing with the Waste Management Superintendent and the City Engineer, and then he will respond. Mr. Willie may not agree but we will respond to each of these. Mr. Willie asked that a report be sent to his address so he could show that to the citizens in his area and out of his area. Mr. Willie thanked Paul Huting for cleaning the park and for giving him the paint. Mr. Willie also thanked Madonna, Zack and Rick Curran. They have been a great bunch to work with and Paul Huting is a great department head. Ryan Madison, 650 Dawson Street, stated before he purchased his home, he and his wife stepped back and took assessment of their financial state and their ability to maintain the stability of the neighborhood where they wanted to purchase property. For six years he has been coming before this council as well as speaking to them behind the scene about 520 West Parker. Ronald Voss owns the property on 931 Sheridan Road. Mr. Madison stated his patience has run thin. When he sees Mr. Voss pulling permits for $22,000.00 for just a porch and he has a dilapidated property in his neighborhood a few blocks away from his house. No citation has been written. All e-mails have been sent. Mr. Madison stated he is sinking money in his property, and this guy owns dilapidated property in his neighborhood and something needs to be done this year. Mr. Madison stated his patience is thin, and he wants something done now because this guy is pulling permits for a house for $22,000.00, and he has no pity for a guy who does stuff like that and has dilapidated property in his neighborhood and something needs to be done. Mayor Hurley stated he will make sure that address gets looked at if its not already on the list. Councilperson Greenwood stated he received a call this morning from a citizen about code enforcement issues. When he first got on the council they used to get a report by ward about code enforcement actions and resolutions. Councilperson Greenwood stated he would like to have that report so when people call he can say you know its been called in before and here is where it is at in the process. Mayor Hurley stated he thinks that report is still available. As recent as last year it was coming out quarterly, and we can crank it up again. Reggie Schmitt/Welper that the above oral comments bereceived and placed on file. Ayes: Six. Absent: Getty. Motion carried. ADJOURNMENT 129103 - Reggie Schmitt/Welper that the Council adjourn at 6:25 p.m. Ayes: Six. Absent: Getty. Motion carried. Nancy Eckert, CMC City Clerk