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HomeMy WebLinkAboutMinutes-10/19/2009October 19, 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, October 19, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Steve Schmitt, Welper, Reggie Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. 130058 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, October 19, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 130059 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 12, 2009, at 5:30 p.m. and Special Session on Thursday, October 15, 2009, be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 130060 - 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. 1-67, dated October 19, 2009, in the amount of $1,585,414.22, 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. 2009-1043a. 2. Communication from Planner II transmitting request of Ulanda Spates for tax exemptions on improvements totaling $184,000.00 for property located at 305 Merriman Street and located in the Consolidated Urban Revitalization Area. Resolution adopted and upon approval by Mayor assigned No. 2009-1044. b. Motion to approve the following: 1. Shannon Farlow, Development/Marketing Director, to attend Iowa Tourism Conference in Tama, Iowa on October 21-23, 2009, with costs not to exceed $460.00, including use of city vehicle. 2. Dennis Gentz, Assistance City Engineer, to attend Iowa Better Concrete Conference in Ames, Iowa on October 29, 2009 with costs not to exceed $175.00, including use of city vehicle. 3. Communication from City Engineer transmitting request of William McCool for a waiver for an asphalt driveway to be located at 1449 Sager Avenue, together with recommendation of approval. c. Beer License Permit Application Class C Prime Mart, 1008 La Porte Road (Renewal) (Expires 11/22/10) (Includes Sunday Sales) Small Mart, 1915% Bourland Avenue (New) (Expires 10/29/10) (Includes Sunday Sales) d. Liquor License Permit Application Class C Embassy Lounge, 225 E. 5th Street (Renewal) (Expires 11/22/10) (Includes Sunday Sales) The Brown Bottle, 209 W. 5th Street (Renewal) (Expires 10/21/10) (Includes Sunday Sales) The Drunken Monkey, 307 W. 4th Street (New Owner) (Expires 7/1/10) New World Lounge II, 504 Riehl Street (Transfer from 120 Sumner Street)(Expires 9/14/10) (Includes Sunday Sales) October 19, 2009 Page 2 Consent Agenda continued e. Beer License Permit Application Class B Black Hawk Tennis Club, 1005 Black Hawk Road (Renewal) (Expires 10/31/10) (Includes Sunday Sales) f. Wine License Permit Application Class B Prime Mart, 1008 La Porte Road (Renewal) (Expires 11/22/10) (Includes Sunday Sales) Small Mart, 191534 Bourland Avenue (New) (Expires 10/29/10) (Includes Sunday Sales) g. Native Wine Permit Application Small Mart, 1915;4 Bourland Avenue (New) (Expires 10/29/10) (Includes Sunday Sales) h. Outdoor Service Area Application Black Hawk Tennis Club, 1005 Black Hawk Road Ayes: Six, with Councilperson Steve Schmitt abstaining on payment of $197.50 for Schmitt Telecom Partners, Inc. Absent: Greenwood. Motion carried. HEARINGS & BIDS 130061 - Getty/Hart that proof of publication of notice of public hearing on F.Y. 2010 Cedar River Water Trail, Contract No. 734, as published in the Waterloo Courier on October 2, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 130062 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 130063 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1045. 130064 - Getty/Hart that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1046. 130065 - Getty/Hart to receive, file and instruct Deputy City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Base Bid Alternate Total Bid Vieth Construction Corp., Cedar Falls, IA 5% $349,424.07 $118,689.82 $468,113.89 Peterson Contractors, Inc., Reinbeck, IA 5% $448,078.88 $192,866.16 $640,945.04 Cramer & Assoc., Inc., Grimes, IA 5% $530,280.97 $248,981.72 $779,262.69 Ayes: Six. Absent: Greenwood. Motion carried. • • October 19, 2009 Page 3 Hearings & Bids continued 130066 - Getty/Hart that proof of publication of notice of public hearing on 2009 Waterloo Boat House Project, as published in the Waterloo Courier on October 9, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 130067 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 130068 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2009 Waterloo Boat House Project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1047. 130069 - Getty/Hart that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1048. 130070 - Getty/Hart to receive, file and instruct Deputy City Clerk to open and read bids and refer to Leisure Services Director for review: Add Bidder Bid Bond Base Bid Alternate #1 Peters Construction, Waterloo, IA 5% $832,320.00 $10,000.00 Cardinal Construction, Waterloo, IA 5% $866,000.00 $9,800.00 Garling Construction, Belle Plaine, IA 5% $844,475.00 $10,000.00 Larson Construction, Independence, IA 5% $899,000.00 $9,263.00 Prairie Construction, Waterloo, IA 5% $972,000.00 $10,900.00 Don Gardner, Waterloo, IA 5% $944,250.00 $11,800.00 Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 130071 - Hart/Steve Schmitt that proof of publication of notice of public hearing on request of INVISION Architecture on behalf of the Iowa Department of Corrections to vacate the south 245' of Elm Street right-of-way, excluding the west 6' between Lafayette and Mulberry Streets in Lane and Fowler's 2nd Addition for the purpose of incorporating the land with the future Human Services Campus, as published in the Waterloo Courier on October 9, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 130072 - This being the time and place of public hearing, the Mayor called for written and oral objections. Bonnie Leitz, 331 Independence Avenue stated that she lives on the end of Independence nearest Elm Street. She explained her route to the local credit union using Elm Street and the convenience of it. She spoke of a local tavern and fish market that she enjoys going to also using Elm Street. Ms. Leitz stated her concern about how far she will have to walk for a cup of coffee if Elm Street is closed. She stated that the police department and fire department also use Elm Street. October 19, 2009 Page 4 Hearings continued Ms. Leitz stated that this is a four block spread with no intervenient traffic in a very busy part of Waterloo. Ms. Leitz asked the Council to consider these points when before closing Elm Street. Curtis Ridgeway, 1520 Hawthorne Avenue stated that he owns that little bar that Ms. Leitz is referring to. He stated his concern that when this portion of street is closed off the he will only have three parking spots. He asked who is going to plow the road. Mr. Ridgeway stated that he doesn't think that the plow will go down 54 feet, turn around and then come back because it will be very hard to do. He stated his concern of the limited access his delivery trucks and customers will have once that portion of the street is closed off. He stated his approval of the Human Services Campus. Mr. Ridgeway stated that it is a really good idea and it's going to be good for the community but feels its not going to be very good for him. Noel Anderson, Community Planning & Development Director stated that the city will be vacating the east 54 feet of the street so there still would be a public sidewalk going through that area for pedestrians to be able to traverse from Mulberry down to Sycamore and Lafayette Streets. Mr. Anderson stated that the street is being vacated for the development of the Human Services Campus and they needed that portion to get to the amount of parking they believe they needed to go along with the buildings. Mayor Hurley asked about plowing responsibilities of the street. Mr. Anderson replied that there still would be a portion of public road at the north end that would be the city's responsibility to plow. Mr. Anderson pointed out on the map the portion of Elm Street that would not be vacated up to Mulberry Street. Mayor Hurley asked about the parking on Mulberry Street. Mr. Anderson replied that there currently is parking. He stated that there will be parking on Elm as well as in that portion. He stated that it should be noted that there is another parcel just to the southeast of the Fortune's Tap that was a portion of former railroad right- of-way. The rail was taken out of that area and the city acquired it to go along with development that is being combined for the Human Service Campus. Fortune's Tap was leasing that area from the railroad and the city did continue that. Mr. Anderson stated that it was a month -by -month lease and continued that with Mr. Ridgeway until just recently. Mr. Anderson stated that Mr. Ridgeway was given notice of this project. Councilperson Steve Schmitt stated that he spoke to both the Police Chief and the Fire Chief. They both said that the closing of that section of Elm would not constitute a problem for their departments. Mayor Hurley stated that it was also mentioned at the Tech Review. Hart/Steve Schmitt that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 130073 - Hart/Steve Schmitt that "an Ordinance vacating the south 245' of Elm Street right-of-way, excluding the west 6' between Lafayette and Mulberry Streets", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 130074 - Hart/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 130075 - Hart/Steve Schmitt that "an Ordinance vacating the south 245' of Elm Street right-of-way, excluding the west 6' between Lafayette and Mulberry Streets", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4971. • • • • October 19, 2009 Hearings continued 130076 - Steve Schmitt/Welper Page 5 that proof of publication of notice of public hearing on request of Manatt's, Inc. to vacate, sell and convey a portion of River Road abutting the current property on Mullan Avenue to allow for continued operation and upgrade to the concrete plant facility for $1.00 plus costs, as published in the Waterloo Courier on October 9, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 130077 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mark Rolinger stated that he's present on behalf of Manatt's Inc. He stated that through extended negotiations an agreement has been reached subject to Council approval that also involves TechWorks. He stated his pleasure that a solution has been reached and hopes that Council will endorse it to move forward. He stated that he is also present to answer any questions Council may have. Councilperson Getty asked if any changes have been made. Noel Anderson, Community Planning & Development Director pointed out on the map an area highlighted in orange and stated that it is the portion of River Road which is proposed to be vacated, sold and conveyed to Manatt's. Originally there was an entire portion of River Road as being relocated further to the west as part of the West Commercial Street expansion. He stated that one of the reasons behind relocating River Road was to create more developmental lots on the riverfront and this is being accomplished to that project in turn making this portion of River Road available for vacation. He stated that originally Manatt's talking with city staff was looking at half of River Road with TechWorks looking at the other half. In looking for the future development of this area staff thought that larger portions of River Road could potentially go with the lot to the west which is owned by TechWorks and began to explore exactly what was needed from Manatt's to continue to upgrade their facility as well as maintain access that they felt would be needed for the movement through their site. He stated that Building & Grounds Committee approved the proposal before you today which is essentially to vacate the portion shown for $1.00. As a result of that Manatt's would give up their rights to the remaining portions of River Road as well as agree not to file any kind of suit against the city for the state code. Councilperson Cole stated that the land that we are looking at is valued at $88,000.00 and then we divide that in half because we are going to maintain a utility easement. Ms. Cole then stated that is $44,000.00 and we are going to give it to them for $1.00 if they promise not to sue us. Mr. Anderson stated that they are promising not to sue us and giving up their rights to the remaining portion. Councilperson Reggie Schmitt stated that given the proximity to the riverfront development that we talked about in several work sessions he still thinks that if we do this that this sale has nothing to do with the future of that land if Manatt's is ever not there. He stated that this same area should come back to the city for $1.00. He declared that he would like to amended the ordinance to say that this particular portion of land comes back to the city for $1.00. He then stated that one sale has nothing to do with the other. That we go ahead and sell this $88,000.00 worth of property devalued by 50 percent because of the easement is down to $44,000.00. Mr. Schmitt stated that if that's what its worth today and we transfer it for $1.00 if there is ever riverfront development here the city negotiates a fair value for this property. He stated that this portion should come back for a $1.00 because that's what we sold it to them for. Mark Rolinger stated that Manatt's would prefer that Council not include that. He stated that it wasn't part of what was agreed upon and stated that it's not a part of the City's sale of property policy. He stated that maybe one of the things that might not be clear is that the value of that parcel to Manatt's is worth more than $1.00 and under the sale of property policy that the City take into consideration not just the threat of the lawsuit. He stated that discussions have been ongoing with the City for a year and a half or more and it is not as if they've been threatening a lawsuit to try to co horse the City into anything. Mr. Rolinger state that they've worked hard to find some resolution with the city that makes sense not only for Manatt's but also for TechWorks. The sale of property policy takes into consideration the City's own sale of property policy takes into consideration a reduction in the purchase price to account for engineering costs and redevelopment costs. October 19, 2009 Page 6 Hearings continued Mr. Rolinger stated that if any of the Council have gone over and looked at the property there is a substantial amount of redevelopment that's going on. Manatt's is going to look a lot better, its going to be more quite and its going to be cleaner. Mr. Rolinger stated that Manatt's plan is to be a good neighbor. He stated that its not just the threat of the lawsuit that brings us here today and results in the City agreeing that it would be appropriate to convey for $1.00. He stated that the other thing to understand with respect to that lawsuit is that its not a transaction where Manatt's came to the City and asked to be given the land for $1.00? He stated that Manatt's is before you today because they've been told that their access is going to be lost when River Road is vacated and the Iowa Code says that if access is lost as a result of vacating right-of-way then compensation needs to be paid. He stated that if you take all the factors together he does not believe that Manatt's is asking a lot of the City to convey it for a $1.00 and feels that its well within the sale of property policy. Mr. Rolinger stated that attaching a condition to it really gives no benefit to the City of Waterloo and actually works a bit of a hardship on Manatt's. He explained that assuming for the moment that a condition is attached to the resolution that requires that if Manatt's goes away they would be asked to convey that back for $1.00. He stated that agreement would not bind Manatt's at all with respect to the balance of its real estate and Manatt's could take a position with respect to the remainder of the real estate that prevents the deal from going through in the first place. He stated that he doesn't see that it adds any benefit to the City's position in the matter and it creates a possible detriment from Manatt's creating a cloud on titlist. He stated it's a converter, which is almost never seen anymore. He stated that he never sees it when examining an abstract. He stated that it really works a hardship on Manatt's. Mr. Rolinger states that if Manatt's ever goes to sell the property to another buyer it would work as a hardship and could devalue the property. He stated that its not part of what was discussed prior to today. He asked the Council to consider if we were talking about an involuntary sale as opposed to a voluntary one. He stated his point he made on the voluntary is that the price could be adjusted on the balance of the real estate by Manatt's and the $1.00 buy back would make no difference. On an involuntary sale the law is clear that what the property owner is to receive is the fair market value of the property. He states that he doesn't think we'd ever get to an involuntary sale but he doesn't want this ordinance to contradict the spirit of our states statutes on condemnation proceedings and involuntary type proceedings. He stated that the driving factor should be fair market value and asked the Council to reconsider. He stated that Manatt's came to the Council with a resolution or proposal that was thought made sense and asked that it not have any conditions attached to it. Mayor Hurley stated that he thinks Mark makes a valid point. He reminded Council that they do represent the taxpayers and the taxpayers would be giving away property in five figures for $1.00. He stated that what the spirit of what Council is trying to do is protect taxpayers in the future from paying multiples of that. He stated that Manatt's could agree to the amendment and just inflate the price in the rest of the property if some project did come along. He reiterates that Council is trying to do their duties to protect the taxpayers. Councilperson Steve Schmitt asked if there is road or land north of the area that is being vacated that Manatt's is bequeathing to the city. He asked if the north part of River Road going to the city. Mr. Anderson responded that there was a small portion that Manatt's would deed to the city. He stated that there is no longer a portion shown. Mayor Hurley stated that we do have some property boundaries along the north of the river line. Mr. Anderson stated that would be a separate request and reiterated that along River Road there would be no portion that they would be deeding to the city. Mr. Rolinger stated that Manatt's was taking the position that they should be given the right to acquire the right-of-way all the way along their property heading north. He stated that if the question Councilperson Steve Schmitt is asking is about whether or not there was a compromise on the part of Manatt's then the answer is yes. He stated that Manatt's was looking to acquire the right-of-way along the full length of Manatt's property. Through the negotiations it lead Manatt's to relinquish any claim or interest in anything beyond the orange area on the map. Typically a property owner similar to Manatt's would be able to acquire not only the orange portion on the map but also the gray portion or the east half of the roadway along Manatt's property. Manatt's has relinquished any interest or claim to a right to purchase that as part of these negotiations. • • • • October 19, 2009 Hearings continued Cole/Reggie Schmitt Page 7 that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. Councilperson Reggie Schmitt stated that the address of Manatt's is 84 W. Mullan Avenue they have two entrances off of River Road. He stated that Manatt's will still have the W. Mullan Avenue entrance and they are going to have one entrance off of River Road. My amendment is that if the city acquires Manatt's, not anybody else there is no retainer on it. He states that because of river development in that area ten years from now if the city acquires Manatt's then we will get that portion back for $1.00. There are no other ties except if the city buys Manatt's whenever for future river development that the portion that we are selling now for a $1.00 reverts back to the city for $1.00. 130078 - Reggie Schmitt/ that "an Ordinance vacating a portion of River Road abutting the current property on Mullan Avenue and in the event that Manatt's should decide to sell the property it shall be reverted back to the City at a cost of $1.00", be received, placed on file, considered and passed for the first time. Motion failed due to a lack of a second. 130079 - Steve Schmitt/Welper that "an Ordinance vacating a portion of River Road abutting the current property on Mullan Avenue", be received, placed on file, considered and passed for the first time. Ayes: Four. Nays: Cole, Reggie Schmitt. Absent: Greenwood. Motion carried. 130080 - Steve Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Four. Nays: Cole, Reggie Schmitt. Absent: Greenwood. Motion failed. UNFINISHED BUSINESS 130081 - Hart/Reggie Schmitt that communication from City Planner transmitting request of Colin Hurley's appeal of the City Code, Section 7-1-4(B), concerning the disallowance of multiple curb cuts on a corner lot to allow for two curb cuts for property located at 2604 Crestline Avenue, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and denied. Ayes: Six. Absent: Greenwood. Motion carried. DOCUMENTS 130082 - Reggie Schmitt/Welper that communication from Superintendent of Waste Management Services transmitting renewal of 5 -year Biosolids Agreement with Nutri-Ject Systems, Inc. of Hudson, Iowa for the period of August 1, 2009 to July 31, 2014, be received, placed on file, and "Resolution approving renewal of said agreement", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1050. 130083 - Reggie Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting Change Order No. 3 for a net increase in the amount of $34,279.00 for work performed by Failor Hurley Construction of Hudson, Iowa in conjunction with Commercial Street Parking Garage Repairs, Phase I - Stairwells, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. October 19, 2009 Page 8 Documents continued 130084 - Cole/Hart that communication from City Planner transmitting contracts and promissory notes for Disaster Recovery Business Rental Assistance Program with the following: Happy Chef of Waterloo, Inc., 218 W. Mullan Avenue, for $34,502.04; Upstairs After Hours, 710 Jefferson Street, for $18,000.00; Piramida Bar, Inc., 712 Jefferson Street, for $9,000.00; Dave Nagle Law Office, 501 Sycamore Street, for $3,775.26; Jefferson Street Tap, 708 Jefferson Street, for $9,000.00; and Gur- Land, Inc. dba Brown Bottle, 209 W. 5th Street, for $33,049.88, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1051. 130085 - Welper/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting Supplemental Agreement No. 1 with AECOM Technical Services, Inc. at a cost of $15,000.00 for construction -related services in conjunction with the Pedestrian Access Plan (Greenhill Road/University Avenue), be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1052. RESOLUTIONS TO BE ADOPTED 130086 - Welper/Reggie Schmitt that communication from Superintendent of Traffic Operations transmitting request to install temporary Stop signs on Hoover Street at Bertch Street and on Leavitt Street at Randolph Street in conjunction with detour on Williston Avenue, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1053. NEW BUSINESS 130087 - Steve Schmitt/Reggie Schmitt to instruct City Planner to prepare Request for Proposal, contract, etc. in conjunction with Appraisal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 130088 - Steve Schmitt/Reggie Schmitt that Request for Proposal document, contract, etc. in conjunction with Appraisal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 130089 - Steve Schmitt/Reggie Schmitt that "Resolution preliminarily approving Request for Proposal document, contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1054. 130090 - Steve Schmitt/Reggie Schmitt that "Resolution setting date of hearing on Request for Proposal document, contract, etc. and taking of proposals as November 9, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1055. • • • • October 19, 2009 Page 9 New Business continued 130091 - Getty/Steve Schmitt that communication from City Planner transmitting Zoning Ordinance Amendment to change the provisions of the Ordinance regulating the placement of alcohol sales related businesses, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 2, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1056. 130092 - Cole/Reggie Schmitt to instruct Contracts and Grants Coordinator to prepare plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 170 -D -GO -11-02-09 (Houses: 326 Courtland Street, 1333 Leavitt Street, 1203 Beech Street, 402 Adams Street, 121 Sumner Street, 201 Lincoln Street, 231, 239 & 251 Jackson Street, 520 Locust Street, 510 Elm Street, 620 W. Park Street; Garages: 1333 Leavitt Street, 1203 Beech Street, 620 W. Park Street), be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 130093 - Cole/Reggie Schmitt that plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 170 -D -GO -11-02-09 (Houses: 326 Courtland Street, 1333 Leavitt Street, 1203 Beech Street, 402 Adams Street, 121 Sumner Street, 201 Lincoln Street, 231, 239 & 251 Jackson Street, 520 Locust Street, 510 Elm Street, 620 W. Park Street; Garages: 1333 Leavitt Street, 1203 Beech Street, 620 W. Park Street), be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 130094 - Cole/Reggie Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1057. 130095 - Cole/Reggie Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and bid opening as November 2, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-1058. ORAL PRESENTATIONS 130096 - Forrest Dillavou, 1725 Huntington Road stated that on October 6, 2009 he notified two different departments of the city that there are 17 streetlights not working from the Cedar Falls city limits to Highway 63. He received a call back and he was to give them a better location so that the streetlights could be repaired. He stated that he called and offered to do that if he had a vehicle with a light on the top that he could do that safely. He stated that at 45 mph he did not want to stop and write down the intersections and locations of lights. The taxpayers of Waterloo are paying for lights all over the city that aren't working and continue to pay year after year. He affirmed that he has been here about five or six years giving lists of lights. He stated that it takes too long to get them repaired and guesses that there is nearly 10 percent that are not working from Cedar Falls to Highway 63. That is 10 percent of taxpayer's money being given to MidAmerican for lights that don't work. He stated that the city needs to be better stewards of the tax dollars and require that they work or taken off of the assessment. Mayor Hurley routed a Character Counts proclamation around and cards for the Council's keeping. October 19, 2009 Page 10 Oral Presentations continued Welper/Reggie Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 130097 - Welper/Reggie Schmitt that the Council adjourn at 6:30 p.m Ayes: Six. Absent: Greenwood. Motion carried. ealitei'Reuiet Carol Failor Deputy City Clerk