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HomeMy WebLinkAboutMinutes-9 /21/2009• • September 21, 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 21, 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: Sheryl Groskurth, Library Director. 129849 - Reggie Schmitt/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, September 21, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 129850 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 14, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring October 5-11, 2009 as Earth Science Week. Presentation of City's Website: www.cityofwaterlooiowa.com. CONSENT AGENDA 129851 - Reggie Schmitt/Steve Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-72, dated September 21, 2009, in the amount of $852,889.03, 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. 2009-929. 2. Communication from Planner II transmitting request of Carol Crandall for tax exemptions on improvements totaling $150,000.00 for 1800 Commercial Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2009-930. 3. Communication from City Clerk transmitting request from Matt Boyd for a variance to the Noise Ordinance on September 26 and 27, 2009 from 12:00 p.m. to 10:30 p.m. in conjunction with the North End Arts and Music Fest to be held in the 1600 block of East 4th Street, including a band. Resolution adopted and upon approval by Mayor assigned No. 2009-931. 4. Communication from 503 South Street, 2009 from 5:00 p.m plaza area on the their Brewfest. City Clerk transmitting request from the Grout Museum, for a variance to the Noise Ordinance on September 26, . to 9:00 p.m. in conjunction with a band playing in the corner of Park & Washington Street in conjunction with Resolution adopted and upon approval by Mayor assigned No. 2009-932. 5. Communication from City Clerk transmitting request from Silver Eagle Harley Davidson, 4022 Sergeant Road, for an exception to the burning ordinance to hold a bonfire at 8:00 p.m. on September 25, 2009 in their gravel parking lot at the rear of the building, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2009-933. September 21, 2009 Page 2 Consent Agenda continued 6. Communication from City Clerk transmitting an application with Iowa Department of Transportation to place signs within State Highway right of way to allow the Five Star Snow Trails Association to place snowmobile signs on city right-of-way. Resolution adopted and upon approval by Mayor assigned No. 2009-934. 7. Communication from Assistant City Engineer transmitting request for an extension to a variance to the Noise Ordinance for work being performed by Cedar Valley Corporation of Waterloo, Iowa through October 15, 2009, in connection with F.Y. 2008 West Commercial Street Extension, River Road Relocation and Storm Water Pump Station, Contract No. 720. Resolution adopted and upon approval by Mayor assigned No. 2009-935. 8. Communication from Police Chief transmitting request of the For The Good of Veterans Committee to hold Rally For Our Vets on October 11, 2009 from 12:00 noon to 3:00 p.m. on the grounds of Veterans Memorial Hall and to close Cedar Street between W. 4th and W. 5th Streets and the parking lot on 4th Street between Commercial and Cedar Streets. Resolution adopted and upon approval by Mayor assigned No. 2009-936. 9. Communication from City Engineer transmitting request of Craig Ceilly for a waiver for a concrete driveway to be located at 6132 Kimball Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2009-937. 10. Communication from City Engineer transmitting request of Gary Sadler for a waiver for a concrete driveway to be located at 6122 Kimball Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2009-938. b. Motion to approve the following: 1. Jim Bartlett, Police Officer; and Todd Wilson, Analyst; to attend 2009 LEIN Conference in Johnston, Iowa on October 5-7, 2009, with costs not to exceed $559.68, including use of vehicle. 2. Twelve (12) public safety officers to attend 2009 LEIN Conference Johnston, Iowa on October 4-7, 2009, with costs not to exceed $5,102.56. 3. Communication form Mayor Hurley transmitting reappointment of Thomas Schellhardt and Ed McCann to Board, with term expiration date of June 30, 2013 and Buzza, with term expiration date of June 30, 2013. in recommendation of the Waterloo Airport appointment of Aaron c. Beer/Liquor License Permit Application Class C Doughy Joey's Peetza Joynt, 300 West 4th Street (Renewal) (Expires 10/7/10) (Includes Sunday Sales) d. Beer License Permit Application Class C Kwik Star, 506 West 9th Street (Renewal) (Expires 11/18/10) (Includes Sunday Sales) Wine and Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/10) (Includes Sunday Sales) e. Liquor License Permit Application Class E Wine and Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/10) (Includes Sunday Sales) f. Wine License Permit Application Class B Wine and Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/10) (Includes Sunday Sales) g. Outdoor Service Area Application Doughy Joey's Peetza Joynt, 300 West 4th Street September 21, 2009 Consent Agenda continued h. Fireworks Display Application Columbus High School, 3231 West 9th Street on September 25, 2009 i. Bonds. j. Vehicle For Hire Business License Application Checker Cab Co., 999 Home Plaza Ayes: Seven. Motion carried. HEARINGS 129852 Steve Schmitt/Welper that proof of publication of notice of public hearing on Narey and Doris Ruffridge to sell and convey for $1.00 located just west of 1020 Lafayette Street for purpose of garage, as published in the Waterloo Courier on September 14 and placed on file. Ayes: Seven. Motion carried. 129853 - This being the time and place of public hearing, the Mayor and oral objections and there were none. Steve Schmitt/Welper Page 3 request of Michael property generally constructing a new , 2009, be received called for written that the hearing be closed and recommendation of approval of Community Development Board be received and placed on file. Ayes: Seven. Motion carried. 129854 - Steve Schmitt/Welper 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. 2009-939. 129855 - Getty/Hart that proof of publication of notice of public hearing on request of Tim Troyer on behalf of Cory Troyer and Nermin Okanovic to vacate 16' x 120' platted public alley in Block 6 of Russell Heights Addition generally located directly north of property at 1415 West 11th Street and 1409 West 11th Street for purpose of constructing a new detached garage and a new addition, as published in the Waterloo Courier on September 14, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129856 - 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. 129857 - Getty/Hart that "an Ordinance vacating 16' x 120' platted public alley in Block 6 of Russell Heights Addition generally located directly north of property at 1415 West 11th Street and 1409 West 11th Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 129858 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 129859 - Getty/Welper that "an Ordinance vacating 16' x 120' platted public alley in Block 6 of Russell Heights Addition generally located directly north of property at 1415 West 11th Street and 1409 West 11th Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4959. September 21, 2009 UNFINISHED BUSINESS 129860 - Greenwood/Steve Schmitt Page 4 that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $86,212.00 to Peters Construction Corporation of Waterloo, Iowa in conjunction with 2009 Riverfront Stadium Grandstand ADA Ramp Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-940. PETITIONS FROM PUBLIC 129861 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting request of Cory Troyer and Nermin Okanovic to sell and convey for $1.00 the 16' x120' platted public alley in Block 6 of Russell Heights Addition directly north of the property located at 1415 West 11th Street and 1409 West 11th Street for purpose of constructing a new detached garage and a new addition, 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. 2009-941. REPORTS 129862 - Greenwood/Steve Schmitt that communication from Chief Financial Officer transmitting Fiscal Year Ended June 30, 2009 Annual Financial Report for City Streets, be received, placed on file and "Resolution approving said financial report", be adopted and Chief Financial Officer authorized to file same with the Iowa Department of Transportation. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-942. DOCUMENTS 129863 - Steve Schmitt/Hart that communication from City Planner transmitting encroachment agreement with Wendy Rector to allow for construction of a fence along the northwestern and northeastern portion of city -owned alley generally located behind her home at 917 South Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that the Planning, Programming & Zoning Commission and Planning staff recommended denial of this request, although staff suggested something slightly different. Councilperson Welper explained that he represents both parties and he visited the site with both parties, Mr. Cooley and Mr. Rector, and he understands why it was denied. Putting up a fence really isn't going to stop the flow of pedestrian traffic through the area. All it will do is deflect the flow of traffic from one property to another, and basically it's from city property onto C & S Car Company's property. People are going to take the shortest route possible, and he doesn't believe putting up the fence is going to stop it. They would have to fence the entire block if they were going to try and stop the pedestrian traffic. They did have a problem with someone with a car trying to go through the vacated alley who was upset that they couldn't get through and ran into Rector's car. There is a "dead end" sign, which obviously people aren't paying any attention to. Councilperson Welper stated he did not know if the city could put up some kind of "no pedestrian traffic" sign, and if it would make any difference. Usually signs are only for other people, they don't pertain to the person who is reading them. Councilperson Welper stated he is not sure what the solution is but he knows a fence is not the answer. • • • • September 21, 2009 Page 5 Documents continued Councilperson Greenwood stated Councilperson Welper represents the area, and he has looked at it. The Planning & Zoning Commission has unanimously voted not to recommend to proceed wit it, and he hates to override the Planning & Zoning Commission. They have taken time to take a look at it, and he does not feel good about overriding the commission. Councilperson Steve Schmitt stated he does not see any reason or any purpose or anybody presenting facts that would cause council to think any differently, and he thinks its pretty clear cut. Councilperson Hart asked if the parties would have any suggestions on how they can mitigate the traffic flow to that particular area. Huge Field, representing C & S Car Company, stated that they really don't have any suggestions. The status quo isn't very satisfactory, but they view the status quo better than the alternative that's being presented by the Rectors. C & S Car Company would just leave it the way it is and live with it the way it is. Mr. Field asked if the letter from C & S Car Company that was sent to the Planning & Zoning Commission is part of the record. Mayor Hurley replied it was not. Mr. Field explained that they had a letter with a number of reasons for this to be disapproved. Wendy Rector, 917 South Street, stated the key word is live. Mr. Cooley doesn't live in the neighborhood, so there is a difference. She lives in the neighborhood and has to live with it every day. It's not a good neighborhood, and a fence is the only way. If your yard is open people are going to run through it. You put a fence up and all of a sudden you don't have that problem anymore. Mr. Cooley doesn't want her to purchase the alley, so that is why Planning & Zoning came up with the fence to stop people from coming in there. Her garage has been dented, her house has been robbed, and the garage has been robbed. She has to watch the front of her house. Ms. Rector stated she feels council has pretty much made up its mind so there is really nothing she can say that is going to change it, but if you want people to live in Waterloo they need to feel safe. She does not feel safe where she is at. If a little fence is going to give her a little bit of peace of mind at night, she doesn't see the problem. Mr. Cooley doesn't live there, but he knows how bad the neighborhood is because he had to buy houses across the street and board them up because of the neighborhood. Mayor Hurley asked why the proposed fence was on the north side of that alley rather than on the south side adjacent to Ms. Rector's property. Ms. Rector replied her fence is in the back yard, its a dead end alley so it would go from her fence, cut over where the alley is, go through the alley and then shoot it all the way down. Councilperson Welper stated that the Planning Commission recommended the fence go all the way to 8th Street, which would deflect the people into C & S Car Company's lot in order to walk around the fence. Noel Anderson, Community Planning & Development Director, stated the concern that was raised partially by C & S is if you put the fence there, as shown in the yellow, that people would walk down there, then see the fence and have to cut through the trees into their parking lot. Staff's recommendation to try to find a solution to this would be to propose that if there were going to be a fence built, it would be built all the way down to 8th Street to hopefully deter people from cutting through there at all and using the sidewalk system to gain access to the north. Councilperson Welper stated putting the fence all the way to 8th Street would mean the pedestrians would walk all the way through C & S car lot over to the convenience store. Mr. Cooley would have pedestrian traffic through his entire lot. He has had very little vandalism and wishes to keep it that way. Mayor Hurley noted that the Rectors have had a lot and don't want anymore. Councilperson Getty asked if all those properties along the alley are occupied. Councilperson Welper replied the three on the end are occupied. Councilperson Getty asked why can't we board up the alley. Councilperson Welper replied it's a vacated alley and it is their driveway to the garages. September 21, 2009 Page 6 Documents continued Following comments a vote was taken on the above motion with the following result. Ayes: One. Nays: Cole, Getty, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Motion failed Councilperson Welper stated he would be happy to work with the family to do whatever he can to alleviate their problem. Mayor Hurley explained he met with the Police Department, Streets, Sign and Traffic and with Wendy Rector. Mayor Hurley explained he will work with Councilperson Welper and go through those efforts again to see if internally within the bounds of what now has been laid out that we can't do something that will at least alleviate the problem. 129864 - Reggie Schmitt/Hart that communication from Police Chief transmitting agreement with Governor's Traffic Safety Bureau Iowa Department of Public Safety for an Alcohol Incentive grant in the amount of $28,350.000, with no required local match, 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. 2009-943. 129865 - Reggie Schmitt/Hart that communication from Community Planning & Development Director transmitting Release of Real Estate Mortgage with Clear Windows Limited Liability Partnership, John A. Dutcher and C. Suzanne Dutcher for payment in full of an Economic Development Loan, be received, placed on file and "Resolution approving said Release of Real Estate Mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-944. 129866 - Reggie Schmitt/Hart that communication from Community Development Director transmitting FY09 Consolidated Annual Performance and Evaluation Report (C.A.P.E.R.) for CDBG and HOME Program activities for the period of July 1, 2008 through June 30, 2009, be received, placed on file and "Resolution approving said report", be adopted and Mayor authorized to submit same to the U.S. Department of Housing and Urban Development. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-945. 129867 - Cole/Reggie Schmitt that communication from Associate Engineer transmitting Notice of Intent forms with Canadian National/Illinois Central/Chicago Central & Pacific Railroad, Iowa Northern Railway and Union Pacific Railroad to be submitted to Iowa Department of Transportation for Iowa Grade Crossing Surface Repair Funds for ten crossings at an estimated cost of $1,242,500.00, with city's estimated portion of $258,500.00, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-946. 129868 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting agreement with Vandewalle & Associates for Implementation Services for 2009-2010 at an hourly rate for a maximum of $60,000.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt explained he was at a local church fall festival this weekend and he was asked about this. Everything is going well and he thinks everyone is real happy with it, but he would like a timeframe and overview. • • • • September 21, 2009 Documents continued Page 7 Noel Anderson, Community Planning & Development Director, explained that the city has been working with Vandewalle & Associates for a number of years for the entire Downtown Master Plan. At this point we are in the middle of working on a couple of pretty large projects for a potential downtown development, and Vandewalle & Associates have proved invaluable in helping to provide information and sketches to try and get those developers here. We definitely think its worth while to continue the effort. We are nearing completion on a lot of the downtown. We are really working on some block type loft development and schematics to try and draw some new private development to the area. Mayor Hurley stated that the Vision Iowa project is probably 50 to 60 percent done or will be by the end of this year. If you talk about the downtown redevelopment master plan, which Vision Iowa is only a component of, we have a long ways to go. Its a long list of items and we are starting to touch into new parts of it, and that takes visioning. It isn't that we couldn't conjure up those talents in-house, but everybody in-house is doing something else or putting the ideas to work. Vandewalle & Associates has a great track record around the country. He has been with us over two administrations and three or four councils. Mayor Hurley stated he thinks they are ever present, its almost daily that he has some contact by e-mail, teleconference call or meeting. Mayor Hurley stated he does not think we would be anywhere near where we are without them. In his mind it is absolutely critical that we maintain this contract to a maximum of $60,000.00. Councilperson Hart stated he was looking at the twelve elements that are in the scope of work. Element number 1, wayfinding and streetscape. That was a concern last time. He went back through the articles from October 2008 and February 2009, and he is seeing some things that probably should have been taken care of. Element number 1, we have already had them do this. Element number 2 is completely new and he believes element 3 is new. Element number 4, he was wondering about how that balances out by putting a project team because he thought Main Street actually did some of this. Element 5, INRCOG does a lot of that. Element number 6, the Riverloop Experience should have already been done and paid for because he believes we paid two people to work on the Riverloop Experience last time. It seems like some of these projects he is seeing should almost be done. Out of the twelve projects if we divide that by $60,000.00 its almost $5,000.00 per, and he is wondering what has already been completed on this list so we don't have to pay for it again. Mayor Hurley commented that Streetscaping was focused on East 4th Street, and there has been a lot done there. Wayfinding is going to be carried over to the westside and to the east west arterial streets, so that project is not done. That still calls for some nurturing and some design. Items 2 and 3 are new, they are hot. Item 4, Main Streets does not have anything to do with the project management team. They may be members of the team or invited guests or resources, but this is done at a much larger scale. Its something that Vandewalle & Associates initiated within the last six months because of the importance, complexity and the number of players that are involved to pull these things off, seeing the success of a project management team and then a design build management team. That has worked down in the Quad Cities very well for a structure that is inviting, totally acceptable and successful with folks who have big projects and are coming in from the outside. That we can handle and make sure that different entities are doing their part of the project. Sometimes we have INRCOG write a grant for us, and that probably would be something folded within that. These are such large projects and Vandewalle & Associates has good contacts in government and out of government and has seen what works in funding strategies in many other communities. They parlay that experience and wisdom to us. The Riverloop Experience is ready to be published. That is a brochure that goes out to hotels, motel, CVB, Main Street, on our City Hall counters, and would go out to anybody that expresses interest in it. Councilperson Hart asked if we paid for that already because he remembers seeing the Riverloop marketing brochure a while ago. Mayor Hurley responded we paid some but it is not complete. Councilperson Hart asked how we are paying for this one. Mayor Hurley responded with bond funds. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-947. September 21, 2009 Documents continued 129869 - Cole/Reggie Schmitt Page 8 that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $135,522.65 with Stickfort Construction of Cedar Falls, Iowa in conjunction with F.Y. 2010 ADA Accessibility Plan - University Avenue and Greenhill Road, 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. 2009-948. 129870 - Getty/Welper that approve communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $1,601,780.00 with Cardinal Construction of Waterloo, Iowa in conjunction with New Fire Station #8 for City of Waterloo, 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. 2009-949. 129871 - Getty/Welper 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 to prepare application to Iowa Department of Transportation for Statewide Enhancement funding for the Downtown Wayfinding System, 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. 2009-950. 129872 - Getty/Welper that communication from Community Planning & Development Director transmitting application with Iowa Department of Transportation for Statewide Enhancement funding for the Downtown Wayfinding System, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-951. 129873 - Getty/Welper that communication from Community Planning & Development Director transmitting Development Agreement with PRSS Properties (Turnkey Properties) for development of 12,000 sq. ft. professional office building with a new minimum taxable value of $1.1 million on property generally located in the Greenbelt Centre at the southeast corner of Greyhound Drive and West Ridgeway Avenue, with tax rebates for four years at 100 percent, a 5th year at 22 percent and five years at 50 percent, 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. 2009-952. RESOLUTIONS TO BE ADOPTED 129874 - Hart/Reggie Schmitt that "Resolution accepting and approving acquisition of property generally located at 201 Lincoln Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-953. 129875 - Hart/Reggie Schmitt that "Resolution accepting and approving acquisition of property generally located at 402 Adams Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-954. • • • • September 21, 2009 Resolutions to be Adopted continued 129876 - Hart/Reggie Schmitt Page 9 that communication from Executive Director of Waterloo Convention & Visitors Bureau transmitting recommendation of hotel -motel mini grant in the amount of $1,000.00 for the North End Arts & Music Fest to be held on September 26-27, 2009 to assist with entertainment costs, be received, placed on file and "Resolution approving said mini grant", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-955. ORDINANCES TO BE ADOPTED 129877 - Greenwood/Steve Schmitt that "an Ordinance amending the 2008 Traffic Code by adding a new Subsection (95a) Reed Street to Section 553, No Parking Here To Corner (no parking here to corner in a southerly direction from West Dale Street in the 900 block of Reed Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 129878 - Greenwood/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 129879 - Greenwood/Steve Schmitt that "an Ordinance amending the 2008 Traffic Code by adding a new Subsection (95a) Reed Street to Section 553, No Parking Here To Corner (no parking here to corner in a southerly direction from West Dale Street in the 900 block of Reed Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4960. NEW BUSINESS 129880 - Steve Schmitt/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting award of contract with ACCO Unlimited Corporation for a total amount of $62,274.20 for painting of Byrnes Pool, be received, placed on file and "Resolution setting date of hearing as September 28, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described award of contract", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-956. 129881 - Welper/Reggie Schmitt to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with One Emergency Generator and Automatic Transfer Switch to be Installed at Central Garage, be received, placed on file and approved. Ayes: Seven. Motion carried. 129882 - Welper/Reggie Schmitt that specifications, bid document, etc. in conjunction with One Emergency Generator and Automatic Transfer Switch to be Installed at Central Garage, be received and placed on file. Ayes: Seven. Motion carried. 129883 - Welper/Reggie Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with the above described purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-957. September 21, 2009 New Business continued 129884 - Welper/Reggie Schmitt Page 10 that "Resolution setting date of hearing on specifications, bid document, etc. and bid opening as October 5, 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. 2009-958. 129885 - Reggie Schmitt/Welper to instruct City Planner to prepare Request for Proposal, contract, etc. in conjunction with Legal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received, placed on file and approved. Prior to a vote on the above motion, the following comments were heard. Aric Schroeder, City Planner, explained that they submitted an updated RFP and contract document just prior to the meeting with a few minor changes from the one that was previously submitted. We received feedback from the State, Homeland Security Emergency Management Division, with some suggested changes. In Section 3.0, they are having us change some wording regarding how services can be added to the contract and prices then negotiated. It was just minor changes that make them more comfortable that it is not an open-ended ability to add additional services onto a contract. Section 4.3 was actually deleted, which had a provision for the selected firm to have an office requirement within a 4 -mile geographical distance. They would prefer that we do not have such requirement in there. So its deleted in the updated one. The overall contract dollar amount had a cap of $176,000.00. However, this included services that wouldn't just be within this contract, other related legal services, and they wanted us to break that out so the one in front of council has a overall dollar cap of $99,900.00 which would be the maximum. The actual bid specifications will be on a dollar amount per activity or for non-specified activities on an hourly rate. But we need to have an overall cap that they can't exceed and that is the $99,900.00 figure. There were a few other minor wording revisions to some provisions for federal requirements, some of which the federal requirements won't even apply to this type of a contract because its for legal services. But they still wanted the references to those federal requirements such as Davis - Bacon Act and some other requirements referenced in the contract even though they won't apply to this contract. Mayor Hurley noted these legal services are for the closing and all of those legal transactions that we are wise to do and are almost necessary when your selling property. This is the buyout project and the legal services are paid under the budget we submitted which is covered under federal and state grant dollars. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 129886 - Reggie Schmitt/Welper that Request for Proposal document, contract, etc. in conjunction with Legal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received and placed on file. Ayes: Seven. Motion carried. 129887 - Reggie Schmitt/Welper that "Resolution preliminarily approving Request for Proposal document, contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-959. 129888 - Reggie Schmitt/Welper that "Resolution setting date of hearing on Request for Proposal document, contract, etc. and taking of proposals as October 12, 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. 2009-960. • • 1 September 21, 2009 Page 11 New Business continued 129889 - Cole/Getty that communication from Community Planning & Development Director transmitting Development Agreement with Tournier Manufacturing, Inc. to sell and convey for $1.00 property generally located at the northeast corner of Wagner Road and Broadway Street for construction of a new 15,000 sq. ft. building with a new taxable value of $1 million and tax rebates for five years at 50 percent, 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. 2009-961. ORAL PRESENTATIONS 129890 Arthur Anderson, 1000 Ash Street, stated that in June there was a storm that knocked down a lot of trees, and on the corner where he lives the tree was in the street. He called, waited two weeks and called to get it moved, but nothing happened. Then about three or four weeks later somebody came and cut some limbs that were in the yard and left the rest of it in the street. He thought the people cutting were from the city because he called the girl and she said she would tell whoever cuts the trees, but it was somebody else. He finally got it moved out of the street last week, pushed it up into the yard. Its still there, but you can see around the corner now. Mr. Anderson stated he asked for stop signs more than once. He was out in the yard by the corner where he lives and two cars collided. One of them came up in his yard about ten feet away from him, and some of the dirt hit him. Mr. Anderson stated he would like four way stop signs on a lot of corners in that area because there are school kids going back and forth, and somebody is going to get killed. The intersections are Newell and Mobile, Webster and Ash and Adams and Mobile. The kids are in the street because there are no sidewalks. Mr. Ash stated in June they were digging a hole in the street where he lives, but he did not know they were digging to fix the waterline to his house because nobody ever told him. On June 22, 2009, they sent a bill for $1,216.00 for the repair, but he never knew he had a water leak and now they want to charge him interest to finance it. He wonders why he didn't get a notice before that because he could have paid that bill. He gave his granddaughter $2,000.00 for graduation, and he could have used some of that to pay the bill. Now he is scrapping, and he doesn't think that's fair at all. Mayor Hurley asked Mr. Anderson to get with the Water Work representative after the meeting to go over the details regarding the water leak. Mayor Hurley stated he would forward the list of intersections to Sandie Greco, Superintendent of Traffic Operations, and they will be analyzed to see if they merit a stop sign. Mayor Hurley asked Mr. Anderson to meet with Paul Huting, Leisure Services Director, after the meeting regarding the tree. Councilperson Getty asked Doug Carter, Fire the 3rd and 4th Wards that the city is really Doug Carter, Fire Chief, stated as reported down nine positions but only four of those are open positions. There are five people due to illness or injury. Chief, to explain to the citizens in not short ten fire fighters. in the paper, the Fire Department is positions are due to retirements and in the Fire Department that are off Mayor Hurley explained that last week council authorized moving forward with hiring two of the four open positions. Mayor Hurley commented that he erred in telling the media that he thought the other two would be filled in November, but its more likely it will be after the first of the year. Of the five that are off for injury or illness, we think three of them will be back within the next two weeks, which will greatly alleviate the situation. Councilperson Getty stated that the story that came out through the electronic media was we are shut up on the east side, and that we have no fire protection out there, which is the farthest thing from the truth. Cole/Welper that the above oral comments be received and placed on file and the council adjourn at 6:41 p.m. Ayes: Seven. Motion carried. Nancy Ed1 rt, CMC City Clerk