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HomeMy WebLinkAboutMinutes-11/09/2009• • November 9, 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, November 9, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Getty, Hart, Greenwood, Steve Schmitt, Welper. Absent: Cole, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. 130167 - Welper/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, November 9, 2009, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130168 - Welper/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 2, 2009, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. Mayor Hurley presented the Flag Football Character Counts Coach of the Year to: Armond Floyd, Patrick Mouton, William Muhammad and Michael Sailor. Mayor Hurley presented the Flag Football Character Counts Player of the Year to: Justin Jasper and Alijah Muhammad. CONSENT AGENDA 130169 - Welper/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. 1-66, dated November 9, 2009, in the amount of $2,579,490.56, 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. 2009-1101. b. Motion to approve the following: 1. James Walsh, City Attorney, to attend IMAA's 2009 Annual Seminar in Johnston, Iowa on November 20, 2009, with costs not to exceed $144.00. 2. Kent Arnsbarger, Visiting Musician/Performer, to perform at the Waterloo Center of the Arts on November 14-15, 2009, with costs not to exceed $835.00. 3. Communication from Mayor Hurley transmitting recommendation of the following to the Local Option Sales Tax Oversight Committee: appointment of Bill Seibert, Geoff Grimes and W. Ray Richardson. c. Beer License Permit Application Class C Hy -Vee Gas #2, 2221 Logan Avenue (Renewal) (Expires 01/02/11) (Includes Sunday Sales) d. Liquor License Permit Application Class C Mexikelly, 209 Jefferson Street (Renewal) (Expires 11/22/10) (Includes Sunday Sales) D'Vine Medical Spa LLC, 2515 Cyclone Drive (Renewal) (Expires 11/30/10) f. Vehicle For Hire Business License Application Paddy Wagon Cab/City Cab, 999 Home Plaza Suite 205 November 9, 2009 Page 2 Consent Agenda continued Prior to a vote on the above motion, the following comments were heard. Rodney Pierce stated that in September a taxicab license for Jason Herrera of Checker Cab was approved. At that time, they hired Patti Arnold to be their independent contractor/owner/operator of the taxicabs. He stated that she indicated that she didn't want to hire others that would step in and take over the business. Mr. Pierce agreed with her. He stated that Ms. Arnold then added her name to the business license. Mr. Pierce stated that when Ms. Arnold then refused to sign a contract with the company, she was told that the cabs would be pulled. Ms. Arnold then responded by firing Mr. Pierce, closed Checker Cab and stated that her name was on the business license and there was nothing they could do about it. Mr. Pierce stated that he and Mr. Herrera went to the City Clerk's office the next day and found out that her name had been added to the business license without Mr. Herrera's consent or knowledge. Checker Cab had to close the Cedar Falls and Waterloo sites. that the city deserves a good cab company and they were on th that. He stated that they were told that the only way that Ms He stated that Mr. Pierce stated eir way of doing . Arnold could be stopped was to cancel the business license because she was granted a license to operate the taxicab under the name of Checker Cab. Mr. Pierce stated that even after terminating her there was no way to stop her from continuing her business other than canceling the license. He stated that Ms. Arnold in turn got her own license and is on the agenda today. Mr. Pierce stated he, Jason Herrera, his family and former co-workers of Metro Taxi have spent 11 months putting the company together. He stated that their hard work, sweat and tears were put into it to get it together and Ms. Arnold just pulled the rug from underneath them. Mr. Pierce does not believe that is the way business is run here in Waterloo and wanted to let the Mayor and Council know that she pulled the wool over everyone's eyes, manipulated the system and the wording of the City Ordinance. He stated that she put Mr. Herrera out of business and all the employees are now unemployed. Mayor Hurley stated that the former City Clerk, Nancy Eckert, was involved with this back in September. He stated that he feels this is a civil matter and not a municipal matter. Mayor Hurley stated that he believes that Rodney Pierce and Jason Herrera would like the Council to take this off the agenda, but the fact is that in checking with the Deputy City Clerk the Paddy Wagon business has followed every step. He stated that insurance and all paperwork is in place. Mayor Hurley stated that it is not necessarily the business of the city to get involved in civil matters. Mayor Hurley believes that her name was added, and Mr. Pierce says that it was after the fact and without their knowledge, but the business taxicab license say that all names have to be on the license if you own and/or operate. He stated that the way it was being set up was that Ms. Arnold would operate and they would own. Mayor Hurley stated that Mr. Pierce and Mr. Herrera did not have vehicles, and Ms. Arnold was providing the vehicles to be operated. He restated his belief that this is a civil matter but it is up to the Council. Councilperson Greenwood stated that he received a phone call from Mr. Pierce and Mr. Herrera and stopped in the Clerk's office regarding this matter. He stated that he feels that it is a civil matter. Councilperson Greenwood stated that the new company has the proper insurance papers, the business is not using the Checker Cab business name and they are using a different business name. Councilperson Greenwood stated that he is unsure of whether to let our legal department look at it and table this item for a week. Councilperson Steve Schmitt asked what the timeliness of this item is and if it is delayed a week would any expiration dates be affected. Mayor Hurley stated that there are no deadlines. Councilperson Hart asked if Paddy Wagon taxicab did anything incorrect in the required process in order to get a taxicab license. Mayor Hurley stated that they have done nothing incorrect. Councilperson Hart stated that he feels that legally those companies need to take it to court but as of right now he sees no wrong doing. Councilperson Hart stated that this should be approved because Paddy Wagon has done everything they are suppose to do and sees no reason as to denying this application. James Walsh, City Attorney, stated that the issuance of the taxicab license is ministerial and once they have met all of the conditions it should be issued. He stated that Council could delay it because a week may not be a crippling event and there is no remedy they could seek in a week that would be effective. Mr. Walsh stated that the problem between the two companies is apparently bad legal advice and there are all sorts of things that could have been done to prevent this. He stated that this is something that cannot be done here and if • • • • November 9, 2009 Page 3 Consent Agenda continued Council feels that this is something that they'd like to delay a week they could. Mr. Walsh stated that Paddy Wagon taxicab service has done everything that needs to be done to get a license issued and stated that they could be arguing for quite some time as to who really owned the Checker Cab business. Councilperson Getty stated that if Council does not proceed with the request, then there will not be a taxicab in Waterloo and some people rely on this transportation. He stated that Paddy Wagon taxicab has done everything that needs to be done and there is nothing Council can do about it. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. HEARINGS & BIDS 130170 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on Appraisal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, as published in the Waterloo Courier on October 22, 2009, be received and placed on file. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130171 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Steve Schmitt that the hearing be closed. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130172 - Greenwood/Steve Schmitt that "Resolution confirming approval of Request for Proposal, contract, etc. in conjunction with Appraisal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1102. 130173 - Greenwood/Steve Schmitt that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1103. 130174 - Greenwood/Steve Schmitt to receive, file and instruct Deputy City Clerk to open and read bids and refer to Community Planning & Development Director for review: Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. Detail of Cost Inputs Evaluation Criteria Qualifications and Experience (Maximum of 30 points) Company Responsiveness to RFP (Maximum of 30 points) Cost Effectiveness (Maximum of 40 PO1IIts) Total (Maximum of 100 points) Residential Appraisal Other Appraisal (i.e., SSA common ground and garages) Rally Appraisal, L.L.C. 42 47 100 189 $400 $300 vacant $1,200 SSA $950 garages McRae Appraisals, Inc. 86 89 108 283 $275 No Bid Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. November 9, 2009 Page 4 HEARINGS 130175 - Hart/Getty that proof of publication of notice of public hearing on Zoning Ordinance Amendment to change the provisions of the Ordinance regulating the placement of alcohol sales related businesses, as published in the Waterloo Courier on November 5, 2009, be received and placed on file. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130176 - This being the time and place of public hearing, the Mayor called for written and oral objections. Ryan Madison, 650 Dawson Street, stated that he would like to have the ordinance amended to include people under the age of 21 from entering liquor stores. He stated that Minnesota and Nebraska have the law that people under the age of 21 cannot be allowed in nor on the premises of a place that sells alcohol. Mr. Madison stated that Waterloo should be following those steps and should be leading the pack because we have a lot of issues with underage kids drinking alcohol. He stated that he lives down the street from a liquor store and sees them selling to our kids. Mr. Madison stated that he also sees the kids smoking cigarettes. He stated that he has called the Police Department and they are understaffed so they don't have the chance to check. He stated that he called the Tobacco and Drug Administration and they cannot do anything until the police does something about it. Mr. Madison stated that Waterloo needs to make a better effort in trying to do something about it and would like to see this amended to see that our kids are not allowed on the premises. Roosevelt Roby stated that he spoke with Tim Andera in the Planning & Zoning Department and the distance between residential and commercial seems a little discriminatory. Mr. Roby stated that it is not discriminatory by race but from the sector of the city. He stated that his understanding is that the business has to be 250 feet from a residence or 150 feet. Mr. Roby stated that there are not many places on the north side of Waterloo where you have commercial zoning. He stated that it varies and it is a Roby stated that the ones we do have, thereby really eliminating any new consider it because that does not seem formed by which someone can still get of way be compensated for that distan that really needs to be looked at. meager amount of commercial zoning. Mr. almost all of them are within 250 feet so developments. He asked the Council to right to him and maybe a mechanism can be into an alcohol business and in some kind ce. Mr. Roby stated that it is something Aric Schroeder, City Planner, explained that a residence is included in the list of what would be considered a protected use. He stated that there is a tiered system there for limited alcohol uses such as a convenient store, grocery store and gas station that sell alcohol items. Mr. Schroeder stated that if it equals out to less than 50 percent of their gross sales those, would be permitted as long as they are 100 feet from a protected use. He stated that when you get into the others above the limited alcohol sales, which is essentially bars, and liquor stores that would have more than 50 percent. Mr. Schroeder stated that the 100 -foot would also apply to them and the 250 -foot would kick in if they are on a principal arterial street and at least 250 feet from a protected use. He stated that they are then a principally permitted use and wouldn't require a special permit approval process. Mr. Schroeder stated that if they are not on a principal arterial street or if they are less than 250 feet from a protected use it is not permitted but it is a special permit use that they have to go through the approval process of Planning Commission recommendation and Board of Adjustment final approval. He stated that there is a tiered system. Mayor Hurley stated that the 150 and 250 feet is dependent upon the zone, whether it is on a major arterial street or interstate. He stated that it doesn't say absolutely not, it is a first screen. He stated that if somebody wants to propose that, they can go through Planning & Zoning Commission or Board of Adjustment. Mr. Schroeder stated that is correct and C-3 is the central business district downtown, which will not be subject to that setback requirement. He defined arterial streets and stated examples of principal arterial streets as University Avenue and Highway 63. Mr. Schroeder stated that these are major roads and minor arterial streets are more like Ansborough Avenue, Ridgeway Avenue and Broadway Street. Mr. Roby asked if Planning & Zoning Commission has determined how many principal arterial streets are on the east side. He asked if there are many and which ones they are. He stated that it would eliminate many of the potential businesses on the east side. • • • • November 9, 2009 Page 5 Hearings continued Mr. Schroeder stated that north and east of the river the principal arterials are Highway 63 and Dubuque Road/Franklin Street, which is the north end of downtown as it heads out of the city. He stated that Highway 218 is also a principal arterial but there are not a lot of businesses along the corridor. Mr. Schroeder stated that there are not a lot of principal arterials along the northeast side and not a whole lot of principal arterials in the city itself. He stated that not being on a principal arterial does not mean you cannot have an alcohol use it just means that either it needs to be a limited alcohol use or it would need the special permit approval process. Mr. Roby stated that is the point he is trying to make. He asked how many minorities may have an ambition to have one of those types of businesses and given those arterials, where can they locate. Councilperson Getty stated that in checking with the Code of Iowa, the Iowa stated that anyone over the age of 17 can work in an alcohol establishment. stated that the Iowa law goes a step farther and says that an 18 year old own a liquor establishment. He stated that they can work at age 18 and own business. law He can the James Walsh, City Attorney, stated that he doesn't think the City can be more restrictive when the State law has spoken on the subject. He stated that there is an interaction here between the Board of Adjustment and this ordinance that's unusual for the City. Mr. Walsh stated that we are leaving it up to the Board of Adjustment to determine some things that are normally policy determined by the ordinance and Council. He stated that they may not have the same constraints that Council have, but it is something to consider that when a liquor license is not granted because of the conditions of the new ordinance, they are going to go to another body to have them approve or deny it. Mr. Walsh stated that depending on how well that is done and how satisfied everybody is, we may be in court defending that body's decision with your dollars. He stated that he doesn't know if that would be done any better another way, but it is the first time this has been done. Hart/Steve Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130177 - Hart/Steve Schmitt that "an Ordinance amending the Zoning amended, as it pertains regulating the businesses", be received, placed on file, time. Ayes: Five. Absent: Cole, Reggie 130178 - Hart/Steve Schmitt Ordinance, Ordinance No. 2479, as placement of alcohol sales related considered and passed for the first Schmitt. Motion carried. that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion failed. 130179 - Getty/Greenwood that proof of publication of notice of public hearing on request of Dave and Ellen Beck to sell and convey a parcel of City owned land generally located at 120 Argyle Street for $200.00, as published in the Waterloo Courier on October 30, 2009, be received and placed on file. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130180 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Greenwood that the hearing be closed and recommendation Grounds Committee be received and placed on file. of approval of Building and Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. November 9, 2009 Page 6 Hearings continued 130181 - Getty/Greenwood 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. Councilperson Welper stated that Council has heard him discuss this numerous times about the sale of property policy. He stated that the purpose of it was fairness and just prior to the moratorium, which led to this policy, a parcel of land was sold to a lady for $65.00. Councilperson Welper stated that it was far below what the property value was and the Council approved it. He stated that a short time later someone else made an offer of a similar parcel of property and a dollar was offered and again the Council approved it. Councilperson Welper stated that when the lady who offered $65.00 for her parcel found out, she withdrew her offer hence the sale of property policy was developed. He stated that he spoke with Ms. Beck and told her that he would agree to it if she would agree to a developmental agreement. Councilperson Welper stated that she said she would. He stated that at the Building & Grounds Committee it was asked if the City had ever done this before and the answer is yes. Councilperson Welper stated that Council just approved one about four weeks ago over a vacated alley and both parties signed a development agreement. He stated that the sale'of property policy stated that all properties shall have an asking price of the current appraised price, current assessed value for the parcel, the current price per square foot of the abutting property, and the current price per square foot of the adjacent property. Councilperson Welper stated that at the bottom of the policy it reads otherwise a minimum sale price of 70 percent of the price of the determined value of that property. He stated that when it came before the Building & Grounds Committee, the price of that property was $3,240.00 and 70 percent of that is $2,268.00. Councilperson Welper asked the Council where the amount of $200.00 for the sale of this property came from when we have a city that needs revenue is willing to sell it for $200.00 versus $2,268.00. Councilperson Hart stated that Councilperson Welper brings up some good points about the criteria. He stated that he hasn't seen the current price on the particular properties and what he has seen is the price of the property with the structure that was on it before a particular structure was demolished. Councilperson Hart stated that he hasn't seen a reassessed property value and maybe someone could if there has been a reassessment done to that property. Noel Anderson, Community Planning & Development Director, stated that the property has not been reassessed by the Assessor's office. He stated that generally they go back the following year and take the value for the dwelling off and a lot of times the value goes down. Councilperson Hart stated that has been consistent with a lot of the properties that the city has purchase where they still have the same values they had when a structure was at that location. He stated that assuming since this is not large enough to build on and the property no longer has a structure on it, that 70 percent may not get down to the $200.00 but it would be a lot less if it were reassessed. Councilperson Greenwood compliments Councilperson Welper on his time and stated that this is a non -buildable lot and that the assessed value is probably over assessed. He then questioned who is going to buy a non -buildable lot unless it is the adjacent property owner. Councilperson Greenwood stated the cost to the city for maintenance and liability for the property. He stated that even though it doesn't follow the city's sale of property, he thinks it makes common sense to sell it to the adjacent property owners and hopefully in the future they will develop it with a structure on it so it will increase the tax base. Councilperson Greenwood stated that he doesn't think it makes sense to hang on to the property and pay to upkeep it. Councilperson Steve Schmitt complimented Councilperson Welper on his time and stated that the city has somewhere around 1,200 parcels and a variety of those are not non -buildable. He stated that the city should not be in the land owning business and as we continue with the 657A process we are going to have more lots that the city owns rather than less and anything we can do to divert ourselves from the maintenance of those he is comfortable with proceeding on selling them on a case by case basis. Councilperson Welper stated that the property owner agreed upon a development agreement and he is not opposed to them buying the property but stated that the policy should be followed. • • November 9, 2009 Page 7 Hearings continued Councilperson Getty stated that he uses common sense in determining these decisions. Regardless of the policy it is common sense and he would like to move on. He stated that this parcel is no good for anything else and agrees with this sale. Mayor Hurley stated that this is a policy that is constantly changing. He stated that maybe it needs to be revisited by Council. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Welper. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1104. 130182 - Steve Schmitt/Hart that proof of publication of notice of public hearing on request of Ifet and Jasminka Salihovic to vacate, sell and convey a portion of April Street right- of-way north of the property at 2524 Gloria Drive for the purpose of constructing a privacy fence along the north side property line for $253.26, plus costs, as published in the Waterloo Courier on October 30, 2009, be received and placed on file. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130183 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Hart that the hearing be closed. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130184 - Steve Schmitt/Hart that "an Ordinance vacating a portion of April Street right-of-way north of the property at 2524 Gloria Drive", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130185 - Steve Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion failed. PETITIONS FROM PUBLIC 130186 - Hart/Steve Schmitt that communication from Community Planning & Development Director transmitting request of Iowa Heartland Habitat for Humanity to sell and convey property located at 201 and 205 Independence Avenue for $2,210.00 to construct two homes, be received, placed on file and "Resolution setting date of hearing as November 23, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy City Clerk instructed to publish notice of same. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1105. UNFINISHED BUSINESS 130187 - Hart/Steve Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $842,320.00 to Peters Construction Corporation of Waterloo, Iowa in conjunction with 2009 Waterloo Boat House Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. November 9, 2009 Page 8 Unfinished Business continued Paul Huting, Leisure Services Director, read aloud an email from the FEMA representative. He stated that the news on the boat house is good and the State Reviewer looked it over today and it has passed. Mr. Huting stated that it has gone for further review. He stated that its current status is "approval" and is reviewed by the top level of management. Mr. Huting stated that the usual obligation is immediate or within a few days. He stated that is the correspondence that he has received and would recommend based on this that the project moves forward. Mr. Huting stated that Council will still have more actions to approve. Mayor Hurley stated that this is because the quotes received were significantly higher than the estimate but sounds like FEMA is going to cover that. Mr. Huting stated that is correct. Mayor Hurley stated that we should move forward on this because if we don't, we will have to start over again. Mr. Huting stated that the clock is ticking and the bid documents are only good for five days. He stated that if Council does not approve it tonight, then we probably would have to start the bid process over which could take us to the point where we couldn't get it done within FEMA's deadline time frame. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1106. DOCUMENTS 130188 - Hart/Steve Schmitt that communication from Associate Engineer transmitting Amendment No. 1 to Professional Services Agreement with Snyder & Associates of Ankeny, Iowa at a cost not to exceed $5,010.00 to provide additional Storm Water Utility fee services, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1107. 130189 - Hart/Steve Schmitt that communication from Community Planning & Development Director transmitting conditional purchase offers with: 1) John E. Williams, 118 Sans Souci Drive, $130,824.00; and 2) Kent F. Shankle, 15 Sans Souci Drive, $60,072.00 in conjunction with the development of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1108. 130190 - Steve Schmitt/Greenwood that communication from Community Planning & Development Director transmitting Amendment No. 1 to an agreement with Iowa Department of Economic Development for Community Development Block Grant Business Disaster Recovery funding for disaster impacted business sites to give up to six months free rent for businesses renting space, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1109. 130191 - Steve Schmitt/Greenwood that communication from Leisure Services Director transmitting revised agreement with AHTS Architects of Waterloo, Iowa at a architectural services for reconstruction of River Park, be received, placed on file agreement", be adopted and Mayor authorized Absent: Cole, Reggie Schmitt. cost not to exceed $39,000.00 for the boat house building in Cedar and "Resolution approving said to execute same. Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2009-1110. • • November 9, 2009 Page 9 Documents continued 130192 - Steve Schmitt/Greenwood that communication from Community Development Director transmitting request to submit the Analysis of Impediments to Fair Housing Choice document as part of the Five -Year Consolidated Plan for program years 2009-2014 to U.S. Department of Housing and Urban Development, be received, placed on file and "Resolution approving submission of said document", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1111. 130193 - Steve Schmitt/Greenwood that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase of $67,547.50 for work performed by Restoration Systems, Inc. of Chaska, Minnesota in conjunction with Commercial Street Parking Garage Repairs, Phase II, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Louis Cutwright, Building Official/Maintenance Administrator, stated that these items were brought before the staff were not covered under the structural. He stated that these are the ground level items that need to be taken care of. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130194 - Getty/Hart that communication from Community Planning & Development Director transmitting Final Plat of Human Services Campus Addition, together with staff report, aerial photo, final plat, Deed of Dedication and Report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1112. 130195 - Getty/Hart that communication from City Planner transmitting Final Plat of Waterloo Rx Addition, together with staff report, aerial photo, final plat, Deed of Dedication and Report of the City Engineer and request to rescind Resolution No. 2009-531 in its entirety, be received, placed on file and "Resolution approving said Final Plat and rescinding Resolution No. 2009-531", be adopted. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1113. 130196 - Getty/Hart that communication from Associate Engineer transmitting Change Order No. 1 for a net increase of $26,692.80 for work performed by Cunningham Construction Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2010 Geraldine Road, Contract No. 767, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. RESOLUTIONS TO BE ADOPTED 130197 - Greenwood/Steve Schmitt that "Resolution accepting and approving acquisition of property generally located at 510 Elm Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1114. November 9, 2009 Page 10 Resolutions to be Adopted continued 130198 - Greenwood/Steve Schmitt that "Resolution accepting and approving acquisition of property generally located at 620 W. Park Avenue, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1115. 130199 - Greenwood/Steve Schmitt that communication from Associate Engineer transmitting request to authorize Peterson Contractors, Inc. of Reinbeck, Iowa to make emergency/valve engineering repairs at a cost not to exceed $35,649.17 for Sanitary Sewer Relocation at Canadian National Railroad Bridge Over No Name Creek, be received, placed on file and "Resolution approving said request", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1116. NEW BUSINESS 130200 - Getty/Hart to instruct Building Official/Maintenance specifications, form of contract, etc. Brothers Convention Center Kitchen file and approved. Ayes: Five. carried. 130201 - Getty/Hart that plans, specifications, Sullivan Brothers Convention placed on file. Ayes: Five. 130202 - Getty/Hart Administrator to prepare plans, in conjunction with Five Sullivan Equipment Upgrade, be received, placed on Absent: Cole, Reggie Schmitt. Motion form of contract, etc. in conjunction with Five Center Kitchen Equipment Upgrade, be received and Absent: Cole, Reggie Schmitt. Motion carried. that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Five. Absent: Cole, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1117. 130203 - Getty/Hart that "Resolution setting date of hearing on contract, etc. and bid opening as November 23 Hall Council Chambers on the above described City Clerk instructed to publish notice of sam Reggie Schmitt. plans, specifications, form of , 2009 at 5:30 p.m. in the City project", be adopted and Deputy e. Ayes: Five. Absent: Cole, Resolution adopted and upon approval by Mayor assigned No. 2009-1118 ORAL PRESENTATIONS 130204 Ryan Madison, 650 Dawson Street, stated that he has been coming before the Council for six years about two properties. He stated that one is located on West Parker Street and the gentleman lives off of Olympic Drive. Mr. Madison stated that if the tables were turned and this property was on Olympic Drive he is sure he wouldn't be standing here for six years. He stated that not one fine has been written, one citation been delivered and nothing has been done. Mr. Madison stated that it is going to be seven years now that the Council, Code Enforcement or Planning & Zoning have done nothing to this gentleman about this property. He stated that after speaking to Noel Anderson and the Mayor, he was told that they would speak to the gentleman and has not received a response back yet. Mr. Madison stated that it has been about nine months. He stated that the gentleman is now going through bankruptcy but feels that there needs to be fines issued regardless. Mr. Madison stated that the city is losing money from not fining this gentleman. Mayor Hurley asked what the address was. Mr. Madison stated that it is the old manufacturing building. He stated that the other building is a building owned by Roosevelt Roby that the city gave $55,000.00 to develop 11 years ago. • • • • • November 9, 2009 Page 11 Oral Presentations continued Mr. Madison stated that the city has not collected one dime on that property and believes that the city is losing a lot of money from this property. He stated that he feels that the city should either get the money or retrieve the property back. Forest Dillavou, 1725 Huntington Road, stated that Council has spoken about development agreements on land that is sold or given away. He stated that between Lafayette and Sycamore Streets there is a lot of land there that was given to a developer or sold at a low cost to develop. Mr. Dillavou stated that on Lafayette and Sycamore on 8th Street four lots were sold at a reasonable price to develop. He stated that a marketing agreement was done on those four lots where one house per year would be built. Mr. Dillavou stated that it has been at least three years and nothing but a garden plot is there. He stated that Council makes development agreements and don't enforce them. Mr. Dillavou stated that they are allowed to keep it and do nothing with it for $1.00 a year. Mayor Hurley stated that Rick Hurtado from Veterans Memorial Hall passed on information about the ceremonies to take place at Veterans Memorial Hall on Wednesday, November 11, 2009. He stated that at 6:00 p.m. they will be lighting the reworked sign and there was an article in the Courier regarding the ceremony to take place. Welper/Steve Schmitt that the above oral comments be received and placed on file. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. 130205 - Welper/Steve Schmitt that the council adjourn to Executive Session at 6:44 p.m. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. City Attorney Jim Walsh stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2007) . EXECUTIVE SESSION 130206 - Welper/Steve Schmitt that the council adjourn Executive Session at 7:02 p.m. Ayes: Five. Absent: Cole, Reggie Schmitt. Motion carried. ADJOURNMENT 130207 - Welper/Steve Schmitt that the Council adjourn at 7:03 Schmitt. Motion carried. p.m. Ayes: Five. Absent: Cole, Reggie Faiag Carol Failor Deputy City Clerk