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HomeMy WebLinkAboutMinutes-09/28/2009• • September 28, 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, September 28, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Cammie Scully, Director of Cultural & Arts Commission. 129891 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, September 2009, at 5:30 p.m., be accepted and approved. 129892 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, 2009, at 5:30 p.m., be accepted Ayes: Seven. Motion carried. 28, for the Regular Session on Monday, September 21, and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring October 2009 as Disability Employment Awareness Month. Mayor Hurley read a Proclamation declaring the fourth Monday of every September as Family Day - A Day to Eat Dinner With Your Children. CONSENT AGENDA 129893 - 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. 1-55, dated September 28, 2009, in the amount of $3,223,434.89, 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. 2009-962. 2. Communication from Planner II transmitting request of Kent Orchard for tax exemptions on improvements totaling $65,000.00 for property located at 1727 Commercial Street and located in the Consolidated Urban Revitalization Area. Resolution adopted and upon approval by Mayor assigned No. 2009-963. 3. Communication from Planner II transmitting request of East Waterloo Family Housing, LLLP for tax exemptions on improvements totaling $9.4 million for property bounded by Newell Street to the north, Webster Street to the south, Mobile Street to the west and Ash Street to the east and located in the Consolidated Urban Revitalization Area. Resolution adopted and upon approval by Mayor assigned No. 2009-964. b. Motion to approve the following: 1. Noel Anderson, Community Planning & Development Director; Shane Graham, Planner II; Tim Andera, Associate Planner; to attend 2009 APA Iowa Chapter Annual Conference in Des Moines, Iowa on October 29-30, 2009, with costs not to exceed $574.00, including use of city vehicle. 2. Mary Peterson, Human Resources Secretary, to attend 2009 PERE Conference in West Des Moines, Iowa on October 7-9, 2009, with costs not to exceed $220.00, including use of city vehicle. e. Bonds. Ayes: Seven, with Councilperson Steve Schmitt abstaining on payment in the amount of $624.17 to Schmitt Telecom Partners, Inc. Motion carried. September 28, 2009 Page 2 Consent Agenda continued 129894 - Reggie Schmitt/Hart that communication from Police Chief transmitting application with Black Hawk County Gaming Association for grant in the amount of $20,000.00 to help fund clothing and equipment for five new officers hired under the COPS Hiring Initiative grant, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same.. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood thanked the Municipal Telecommunications Utility Board for their hard work the past several years. The council appreciates their initiatives in helping council get on track with our telecommunications here in the city. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-965. 129895 - Reggie Schmitt/Hart that communication from Mayor Hurley transmitting application with Black Hawk County Gaming Association for grant in the amount of $40,000.00 to hire a consultant to conduct a needs assessment of the city's overall Telecom needs, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Resolution adopted and upon approval by Mayor assigned No. 2009-966. HEARINGS & BIDS 129896 - Hart/Reggie Schmitt that proof of publication of notice of public hearing on General Obligation Bond Demolition Project, Contract No. 167 -D -GO -10-05-09, (former US Bank Drive UP Teller Building at 315 Cedar Street, as published in the Waterloo Courier on September 17, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129897 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Reggie Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 129898 - Hart/Reggie Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 167 -D -GO -10-05-09, (former US Bank Drive UP Teller Building at 315 Cedar Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-967. 129899 - Hart/Reggie Schmitt that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-968. September 28, 2009 Page 3 Hearings & Bids continued 129900 - Hart/Reggie Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review: Bidder Bid Bond Bid Amount Peterson Contractors, Waterloo, IA 5% $13,300.00 Lehman Trucking & Excavating, Waterloo, IA 5,% $9,000.00 Frickson Brothers Excavation, Waterloo, IA $2,190.00 $43,800.00 Ayes: Seven. Motion carried. 129901 - Getty/Hart that proof of publication of notice of public hearing on General Obligation Bond Demolition Project, Contract No. 166 -D -GO -10-05-09 (Houses: 302-304 Fowler Street, 404 Fowler Street, 116 Peek Street, 232 Leland Avenue, 1203 Beech Street, and 728, 731 and 745 Vinton Street; Garages: 1203 Beech Street), as published in the Waterloo Courier on September 14, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129902 - 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: Seven. Motion carried. 129903 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 166 -D -GO -10-05-09 (Houses: 302-304 Fowler Street, 404 Fowler Street, 116 Peek Street, 232 Leland Avenue, 1203 Beech Street, and 728, 731 and 745 Vinton Street; Garages: 1203 Beech Street)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-969. 129904 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-970. 129905 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review: Bidder Bid Bond Bid Amount Lehman Trucking & Excavating, Waterloo, IA 5% $63,965.00 Stickfort Construction, Cedar Falls, IA 5% $71.750.00 C & J Construction, Cedar Falls, IA $3,612.85 $72,257.00 Ayes: Seven. Motion carried. 129906 - Steve Schmitt/Welper that proof of publication of notice of public hearing on Purchase of One 2010 Automated Side -Loading Garbage Truck, as published in the Waterloo Courier on September 14, 2009, be received and placed on file. Ayes: Seven. Motion carried. September 28, 2009 Page 4 Hearings & Bids continued 129907 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Seven. Motion carried. 129908 - Steve Schmitt/Welper that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with Purchase of One 2010 Automated Side -Loading Garbage Truck", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-971. 129909 - Steve Schmitt/Welper that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-972. 129910 - Steve Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Truck MFG Bid Amount Truck Country, Cedar Rapids, IA Condor $222,123.00 Truck Country, Cedar Rapids, IA AutoCar $209,289.00 Cedar Rapids Truck Ctr, Cedar Rapids, IA Peterbilt $199,474.00 Ayes: Seven. Motion carried. 129911 - Hart/Cole that proof of publication of notice of public hearing on Byrnes Pool Painting Project, as published in the Waterloo Courier on September 22, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129912 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Cole that the hearing be closed. Ayes: Seven. Motion carried. 129913 - Hart/Cole that recommendation of Building Official/Maintenance Administrator to accept proposal from Acco Unlimited Corporation in the amount of $62,274.20 in conjunction with Byrnes Pool Painting Project, be received, placed on file and "Resolution approving acceptance of said proposal and authorizing to proceed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-973. HEARINGS 129914 - Welper/Steve Schmitt that proof of publication of notice of public hearing on request of Phillip Douglas on sale and conveyance of city -owned property generally located at the southwest corner of Martin Luther King Jr. Drive and Idaho Street for $668.00, as published in the Waterloo Courier on September 14, 2009, be received and placed on file. Ayes: Seven. Motion carried. • • • • September 28, 2009 Page 5 Hearings continued 129915 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Steve Schmitt Councilperson Getty asked if we know what Mr. Douglas plans to put on this lot. Chris Western, Planner II, responded that Mr. Douglas would like to build a home on the lot. There was a home there before that they tried to rehab. It got to be too costly so they tore down the house and they want to build a new house on the lot. that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 129916 - Welper/Steve Schmitt that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-974. 129917 - Reggie Schmitt/Welper that proof of publication of notice of public hearing on request of Grace Baptist Church to rezone from "A-1" Agricultural District to "R-2" One and Two Family Residence District property generally located at 3820 Hammond Avenue to allow for construction of 1,600 square foot addition to the exiting church, as published in the Waterloo Courier on September 14, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129918 - 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 and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 129919 - Reggie Schmitt/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 404 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 129920 - Reggie Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 129921 - Reggie Schmitt/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 404 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4961. September 28, 2009 PETITIONS FROM PUBLIC 129922 - Hart/Getty Page 6 that communication from City Planner transmitting request for a site plan amendment for the Greenbelt Centre Development generally located at the southeasterly corner of Greyhound Drive and Athens Drive located within a "B -P" Business Park District to further cover designation of uses, with the majority of the lots located along Ridgeway Avenue and Athens Drive to allow for office or restaurant development to serve and enhance the business park development, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 12, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-975. 129923 - Hart/Getty that communication from Community Planning & Development Director transmitting request of Midwest Buildings, Inc. on behalf of Tyson Fresh Meats for a minor site plan amendment development of a 30' meat packing complex, King Jr. Drive, be request", be adopted. to the "M -2,P" Planned Industrial District for the x 76' storage building to be located west and south of the north of the employee parking with access to Martin Luther received, placed on file and "Resolution approving said Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-976. REPORTS 129924 - Cole/Welper that communication from City Engineer transmitting Reconstruction and Overlay Street Improvements Lists for 2010, be received, placed on file and "Resolution approving said lists", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-977. DOCUMENTS 129925 - Cole/Welper that communication from Superintendent of Waste Management Services transmitting Joint Funding Agreement with U.S. Department of Interior, Geological Survey to fund the operation and maintenance of the River Gage Station at 6th Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-978. 129926 - Cole/Welper that communication from City Planner transmitting contracts and promissory notes for Disaster Recovery Business Rental Assistance Program with the following: Crossing Checking, Inc. DBA The Penalty Box, 118 Commercial Street, for $20,706.42; Nelson Properties, 501 Sycamore Street, for $14,535.00; MCI Communications Services, Inc., 501 Sycamore Street, for $3,730.86; Iowa Investment Group, 501 Sycamore Street, for $2,137.08; Gleason Financial Group/Gleason Resource Group, 501 Sycamore Street, for $4,095.00; Families First Counseling Services of Iowa, 501 Sycamore Street, for $10,788.54; Todd P. Western Memorial Scholarship Fund, 501 Sycamore Street, for $866.44; the CE Solutions Group, Inc., 501 Sycamore Street, for $3,775.98; Community Educational Outreach, Inc., 501 Sycamore Street, for $673.50; Airgas North Central, Inc., 10 West 4th Street, for $50,000.00; SBT, Inc., 402 East 4th Street, for $50,000.00; and S&N Cuts, Inc., 710 Jefferson Street, for $7,500.00, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-979. • • • • September 28, 2009 Page 7 Documents continued 129927 - Cole/Welper that communication from Police Chief transmitting agreement with Department of Justice Office of Justice Programs for FY09 Edward Byrne Memorial Justice Grant (JAG) Program Local Solicitation in the amount of $99,628.00, with no required cash match, to be used for funding of the Tri -County Drug Task Force, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-980. 129928 Greenwood/Steve Schmitt that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $86,212.00 with Peters Construction Corporation of Waterloo, Iowa in conjunction with 2009 Riverfront Stadium Grandstand - ADA Ramp Project, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-981. 129929 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a maximum cost of $2,500.00 for grant writing services for a Safe Routes to School grant for pedestrian improvements for Lincoln Elementary School, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-982. 129930 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting application with Iowa Department of Transportation for Safe Routes to School grant in the amount of $230,000.00, with no required match, to be used for pedestrian improvements for Lincoln Elementary School, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-983. 129931 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a maximum cost of $2,500.00 for grant writing services for Statewide Enhancement funds to be used for the U.S. Highway 63 Corridor, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-984. 129932 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting application with Iowa Department of Transportation for Statewide Enhancement funding in the amount of $1.1 million, with 30 percent required match, to be used for the U.S. Highway 63 Corridor Enhancements, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-985. September 28, 2009 Page 8 Documents continued 129933 - Reggie Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting agreement with MidAmerican Energy for Energy Efficiency Awareness Campaign Partnership Commitment, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-986. RESOLUTIONS TO BE ADOPTED 129934 - Reggie Schmitt/Welper that communication from City Planner transmitting request to dedicate property generally located south of Ranchero Road between DeWitt Road and Highway 63 as a permanent easement to gain access to the Cedar Prairie Trail Bridge, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-987. 129935 - Reggie Schmitt/Welper that "Resolution acknowledging council's intent to amend the franchise agreement with MCC Iowa LLC dba Mediacom to reflect the parties mutual desire to transition the public, educational and government (PEG) access channels operated by the city into the digital age allowing Mediacom to offer the next generation of broadband to residents of the city and provide further enhancements to the city's PEG programming including PEG on demand and PEG web streaming", be received, placed on file and adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-988. 129936 - Reggie Schmitt/Welper that "Resolution authorizing sale and conveyance of property generally located at 325 Rath Street to John and Michelle Rutledge for $5,000.00", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-989. 129937 - Steve Schmitt/Welper that "Resolution authorizing sale and conveyance of property generally located at 2554-2556 Edgemont Avenue to Jasmink and Slavica Sabic for $61,500.00", be adopted. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, Community Planning & Development Director, explained that the creation of the dilapidated housing committee starting with this house in this area, trying to do something with it and basically improving the neighborhood. The city acquired the property through the 657A process. This house, unlike many of the other homes, did not need to be demolished, although a lot of repairs were needed. The city decided to offer it out for sale and a proposal packet was put together. We received bids, but none of the bids were deemed to be fully complete so the city re -bid it, and then we received five bids. On reviewing the bids the EPI bid was the highest cash wise at $68,000.00 with the Sabic's bid being at $61,500.00. Staff looked at some of the other criteria in the proposals in terms of the future use of the property, improvements proposed to the property, and thought both of these bids were definitely the top two bids. Staff did an estimate that over a 10 year period at an assessed value of $80,000.00, there would be approximately $15,000.00 in property taxes for the city with the private property owner whereas EPI is exempt from property taxes. That is basically how staff came to recommend the Sabic's bid, but staff did want to recognize the great benefits that EPI provides to the community. Mayor Hurley explained that we have a bid from the Sabics with a promise to renovate the structure, and then it stays on the tax rolls. EPI would put similar money into the structure to make it ADA accessible and they are offering $6,500.00 more than the Sabics. • • • • September 28, 2009 Page 9 Resolutions to be Adopted continued Mayor Hurley explained that he received a call today from a local businessman just putting his two cents in for the Schwendlin proposal, and that the house they would trade is in a part of the city where the city plans future investment for the Riverfront Renaissance. That house would eventually have to be removed, so the point was that it would be a good business decision to make that trade now. Dan Bigler, 1243 W. Gilbert, Evansdale and maintenance supervisor at Exceptional Persons, spoke on behalf of six persons with disabilities served by EPI in need of wheelchair accessible housing. EPI is a non-profit based in Waterloo since 1957 and provides community based services for persons with disability. This home is ideal because as a non-profit with limited financial resources they can afford to purchase and renovate this home to fit the needs of these six individuals with disabilities using wheelchairs. If they are not fortunate enough to be awarded the bid for this property they will continue to look for housing to meet this growing need. In all likelihood, the home they would purchase would be at a greater cost; therefore, taking a larger amount of money off the tax roll. Councilperson Reggie Schmitt stated that this is one of the three houses that started the dilapidated housing committee and it took five years to get a clear title on this house, and he doesn't want to see the city spending five years getting rid of it now that we own it. Personally, he feels the city should go with EPIs request. There is an EPI house right next door to this location today, and he thinks there would be a little cinergy there for them as far as maintenance, and they have two houses next door. Councilperson Reggie Schmitt stated he talked to several of the residents in that area who have yelled at him for the last five years because we haven't done anything with that house. They are all okay with selling to Exceptional Persons. He thinks this is a case where we should go with the highest bidder and sell it to EPI. Councilperson Welper stated when you look at what they are planning on doing with the property, the renovations are the same with the exception of the garage. Councilperson Welper stated he is a big supporter of the bidding process and EPI is the greater bidder and he would support EPI. Councilperson Greenwood stated he also supports EPI. They own the immediate adjacent property. Their mission statement is that they want to keep people with mobility disabilities to be able to be a part of the community, and this will accomplish that goal for them. EPI is the highest bid. Councilperson Greenwood stated he understands that the other bid will pay property tax; however, its sort of a wash because if we get property tax on this property, EPI will buy another property and we won't get property tax with that property. Councilperson Greenwood stated he thinks it would probably help them staffing wise to be able to have the two properties next to each other. Councilperson Getty stated he supports Exceptional Persons acquiring the property for $68,000.00. Councilperson Steve Schmitt stated he has empathy for the Sabics because he thinks that they probably were under the assumption they were going to get this for very good reasons. But having talked to several folks from EPI and having talked to some of the neighbors, he thinks this seems like a perfect opportunity for them to take advantage of the fact that they have another property nearby. Councilperson Steve Schmitt stated he supports EPI. Steve Schmitt/Welper that the above motion be amended as follows: that "Resolution authorizing sale and conveyance of property generally located at 2554-2556 Edgemont Avenue to Exceptional Persons, Inc. for $68,000.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-990. NEW BUSINESS 129938 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734, be received, placed on file and approved. Ayes: Seven. Motion carried. September 28, 2009 Page 10 New Business continued 129939 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734, be received and placed on file. Ayes: Seven. Motion carried. 129940 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-991. 129941 - Hart/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as October 19, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-992. ORAL PRESENTATIONS 129942 - Bruce Kaesser, 52 Lafayette Street, Apt. 1, explained that he has had ongoing disagreement with the Code Enforcement Department, with one particular officer in general. He has nothing against her personally and thinks she is doing an excellent job. It seems there needs to be a council review of the city code concerning waste disposal and sewage. Mondays are really bad for him because he spends most all day long going about three or four mile race from his apartment building taking his friends and neighbor's trash cans out from their house to the curb so they can be picked up Tuesday morning. On Tuesday morning as soon as the truck goes past his apartment, he takes the cans back from the street to the house for everybody, and he makes sure nobody gets missed. People appreciate his services so they save their pop and beer cans for him to recycle, and he had been previously storing them by the side of his apartment building underneath the front steps and porch area, and the Code Enforcement office has been hassling him for the last four months. They cited his landlord several times for this and last night about quarter to six he hauled all his sacks full of pop and beer cans downstairs so they are in the basement right now. He thinks there needs to be a general review of the code ordinances because the way that this officer cited the city code to him and the way he understands it you can't have a bicycle, snow shovel or mailbox on the side of your house. He feels the city needs to have more specific language to address this problem. Mayor Hurley stated he will have Louis Cutwright review this and have him contact Mr. Kaesser if he needs more information. Loretta Murphy, 812 Broadway, stated she was here a couple of months ago in regards to the New World Bar that is going to open up across the street from her house. Ms. Murphy presented petitions to the council. She understands that bars and liquor stores are not the cause of problems, but she knows that they contribute to the problems, and her complaint is that they will contribute more problems in her neighborhood. Her home was shot at 14 times and has damage. Only by the grace of God no one was killed in her home and they could have been. She hates to think what would happen if more bars, more liquor stores open on her street. Part of her concern is that they are all so close together, within three blocks, and she doesn't understand how this could happen. It would be good if there is something that the council could do so that this won't happen again at anyone's neighborhood. Ms. Murphy stated they would appreciate anything council could do to help their neighborhood to prevent this bar and any other bars opening up or liquor stores opening up. Mayor Hurley explained that after Ms. Murphy's visit, there was impetuous for the council to enact a moratorium on any new bars. A committee was put together to look at what all of the other cities do and what could work for us, and they are close drafting an ordinance. We probably have about 20 days left of the 120 day moratorium. Pastor Gilbert Clay, 800 Broadway Street, Rosehill Church of God and Christ, explained they are located where the shootings happened right behind their church. They are glad to hear that there is something being done about an ordinance for the future pertaining to how close they can locate to churches or in a residential district. Past Clay thanked the council. • • • • September 28, 2009 Page 11 Oral Presentations continued Mayor Hurley stated he has an email from a young man from West High School, Buster Worthington. Mr. Worthington sent him some information where local teens are launching Block For Blankets. Its very similar to a food can drive. Mr. Worthington noticed last year during the cold weather that there are many people and service agencies that discovered a great need. Last winter our need for blankets and bedding was very high but our supplies were limited. With extreme cold expected again this year we are in dire need of ways to keep people warm. So Buster with his sister, Kate who is a junior at West High, contacted Cedar Falls High School. They are meeting on the football gridiron Friday night and they are undertaking this Block For Blankets. They are being joined now by the Junior League of Waterloo/Cedar Falls and the local PEO chapters. Fans who are attending Friday night's game at Memorial Stadium are encouraged to bring new or used, or laundered if they are used, blankets and sheets to the stadium. Collected items will be taken to local agencies to be distributed throughout the community. Mayor Hurley thanked Buster Worthington for bringing this to his attention, and he encouraged anyone going to the game or to contact is office they have blankets and want to find a way to get them to those young people. Mayor Hurley stated that tonight's meeting is coming to a close, but it is also coming to a close of the career of a very fine lady. Nancy's been the City Clerk's job for 12 years. This is her very last City Council meeting. She retires Wednesday, September 28, 2009. Mayor Hurley stated he sends her with all of our love and with all of our respect and with all of our appreciation for a job well done. Mayor Hurley stated he thinks our city clerk is one of the best in the state. Councilperson Getty explained that back in 1986 Nancy Eckert became employed for the City of Waterloo. Larry Burger was our City Clerk and Larry hired Michelle Temeyer as the Deputy City Clerk. Then council hired Sue Fangman as the City Clerk and she hired Nancy as her Deputy City Clerk. Nancy has done a terrific job. She helped him through many, many things. She not only had one boss but she had seven of them, and across the hall there is always the mayor, and she has done a good balancing act. Councilperson Getty stated he will miss her. Reggie Schmitt/Steve Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 129943 - Reggie Schmitt/Steve Schmitt that the council adjourn to Executive Session at 6:40 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2009) . EXECUTIVE SESSION 129944 - Reggie Schmitt/Cole that the council adjourn Executive Session at 6:58 p.m. Ayes: Seven. Motion carried. ADJOURNMENT 129945 - Reggie Schmitt/Welper that the Council adjourn at 6:58 p.m. Ayes: Seven. Motion carried. Nancy Eck CMC City Clerk