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HomeMy WebLinkAboutMinutes-07/26/2010July 26, 2010 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, July 26, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Greenwood, Schmitt, Welper, Hart. Absent: Jones. Moment of Silence. Pledge of Allegiance: Steve Decker, Superintendent of Streets. 134923 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, July 26, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Jones. Motion carried. 134924 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 19, 2010, at 5:30 p.m., and Appeal Hearing of June 7, 2010, be accepted and approved. Ayes: Six. Absent: Jones. Motion carried. Mayor Clark recognized Marlene Ackerman for 39 years of service. CONSENT AGENDA 134925 - Hart/Welper 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. 1-38, dated July 26, 2010, in the amount of $2,900,898.71, 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. 2010-643. 2. Request of the Cedar Valley Irish Cultural Association to hold 4th Annual Iowa Irish Fest event on August 6-8, 2010 at Lincoln Park, including closing the following streets from 9:00 a.m. on August 6, 2010 through 4:00 p.m. August 8, 2010: 4th Street from Franklin to Lafayette; Mulberry Street from Park Avenue through 5th Street; Park Avenue from Mulberry Street to Franklin Street; Lafayette westbound from 5th Avenue to Park Avenue, together with recommendation of the Chief of Police. Submitted by Daniel J. Trelka, Chief of Police Resolution adopted and upon approval by Mayor assigned No. 2010-644. 3. Request of Flossie Anderson for tax exemptions on improvements totaling $39,058.00 for property located at 814 Ash Street and located in the Consolidated Urban Revitalization Area Submitted by Shane Graham, Planner II Resolution adopted and upon approval by Mayor assigned No. 2010-645. 4. Request of the South Waterloo Church of Brethren for a variance to the Noise Ordinance on August 15, 2010 from 10:00 a.m. to 2:00 p.m. in conjunction with an outdoor church worship to be held at Lichty Park including the use of a PA system, together with recommendation of approval of Police Chief Submitted by Suzy Schares, City Clerk Resolution adopted and upon approval by Mayor assigned No. 2010-646. July 26, 2010 b. Motion to approve the following: 1. 2. 3. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed T.J. Schaffer, Fire Engineer Attend Advanced Auto Extrication Class Cedar Rapids, Iowa September 25-26, 2010 $175.84 Cammie Scully, Director of Cultural & Arts Commission; Kent Shankle, Curator Meet with artists and filmmakers for an exhibit Bahamas November 11-22, 2010 $3,734.00 James Oliver, Police Officer Basic SRO Certification Class Savage, Minnesota July 25- 30, 2010 $1,373.40 4. Recommendation of appointment of Sherry Powers to the position of Waste Water Operator, effective July 27, 2010. Submitted by Larry N. Smith, Superintendent of Waste Management Services 5. Recommendation of appointment of Kurt A. Kastli and Howard R. Brooks to the position of Waste Water Operator, effective at a mutually agreed upon date subject to passing physical exam. Submitted by Larry N. Smith, Superintendent of Waste Management Services 6. Recommendation of appointment of the following with approval of Mayor Buck Clark: Appointee Board/Commission Expiration Date New or Re - Appointment James Leffler Waterloo Metropolitan Transit Authority 7/1/2013 New Appointment 7. Recommendation of approval of the following amended appointments approved July 12, 2010: Appointee Board/Commission Expiration Date New or Re - Appointment Craig Schwerdtfeger General Contractors Board of Licensing, Examiners and Appeals 6/30/2011 _ Re -Appointment Carol Crandall General Contractors Board of Licensing, Examiners and Appeals 6/30/2011 Re -Appointment Wayne Magee General Contractors Board of Licensing, Examiners and Appeals 6/30/2012 Re -Appointment Steve Aries General Contractors Board of Licensing, Examiners and Appeals 6/30/2012 Re -Appointment Reed Hunemuller General Contractors Board of Licensing, Examiners and Appeals 6/30/2012 Re -Appointment Dave Bartlett General Contractors Board of Licensing, Examiners and Appeals 6/30/2013 Re -Appointment Dave Peters General Contractors Board of Licensing, Examiners and Appeals 6/30/2013 Re -Appointment Mike Gerst General Contractors Board of Licensing, Examiners and Appeals 6/30/2013 Re -Appointment 8. Liquor License Permit Application Class C House of Blues - Waterloo, 521 Dane Street (Renewal) (Expires 6/30/2011) (Includes Sunday Sales) 9. Liquor License Permit Application Class E Five Star Snacks & Liquor, 437 Sullivan Avenue (Renewal) (Expires 7/21/2011) (Includes Sunday Sales) • • July 26, 2010 Page 3 NC Mini Mart/New Star, 1459 Ansborough Avenue (New) (Expires 7/1/2011) (Includes Sunday Sales) 10. Outdoor Service Area Application Southtown Lounge, 2026 Bopp Street 11. Cigarette/Tobacco Permit Application Neighborhood Mart, 2100 Lafayette Street Mayor Clark amended the agenda for item 1a2. To amend the street closing from 12:00 p.m. Thursday, August 5, 2010 rather than 9:00 a.m. Friday, August 6, 2010. This is to allow time to set the stage up in Park Avenue. Also, there is a liquor license renewal, item 1b9, and it is not his policy to allow a hearing he is going to allow some comment on that. Mary Potter, Church Row Historic Association, we've had a lot of talk in our neighborhood about this particular license renewal. We respect the law. We know what the law says that a license can not be denied or renewed unless there is just cause to do that. And at the present time there is a feeling that there is not enough just cause. So what we want to put on file is that we look forward to having good businesses in Church Row and we would hope that more businesses come in that are good for the neighborhood, not just for the person who runs the store. And when we get word that their sales have increased because of the publicity that we've been putting out about this we begin to wonder what kind of customers have they attracted. So we want to go on file as saying if they indeed want to turn around their activity and make it a good business we are very happy to have them in the neighborhood. If not then we will be on the watch and we will be noting things that are going wrong there. We also have, I have some more very legitimate signatures. I understand that a petition is not legal but it also represents what people have tosay about something. And these are legitimate signatures, these are signatures that have been gained since last time. People that have come forward and asked to please be listed on that. We also have some letters of people who had businesses in the neighborhood that no longer have businesses because of this particular liquor store. And I would like to have those placed on file with you. You can do what you want with them. At the present time we believe that Waterloo can not afford to lose good businesses. So we would ask that the police keep their due diligent effort up and continue to police the area. I would also admonish our citizens that live in that neighborhood that when they see things that are not right that they call 291-2515 number and report it. And we believe in that way either there will be a turn around in the quality of business that's being done or something else will happen to effect it. At that time we would also like to say that we think its time that Waterloo puts a moratorium on businesses that sell a lot of liquor and that is their primary source. We think that three of them within three blocks in our particular neighborhood is far too many. And if its easy to get a liquor license just because you offer a convenience store maybe that needs to be changed. So we would ask the council please to look into that and see if there could be something done. Its my understanding that within the last two weeks two more liquor stores have opened up. And I think that's getting to be, we have lots of Mexican restaurants and lots of Chinese restaurants and now we are having lots of liquor stores. So maybe we need to kind of even things out a little bit to make it a little bit more family oriented. Mayor Clark, thank you for your comments. Just to kind of speak to your request about taking a look at the ordinance for allowing more convenient store/liquor stores I've had a couple of e-mail communications today with our City Attorney. And I think it is something to look at. Whether or not we go to the extent of putting a moratorium on the licenses. I think we do need to look at our zoning ordinance and see what we can do, if anything. And I also think that we need to be holding businesses accountable. If they file for an application as a convenience store with the restrictions of 50 percent of their revenue being methods other than alcohol we need to have a vehicle to make sure that's being done. So your pleas and your petitions are not falling under deaf ears. Forrest Dillavou, 1725 Huntington Road, I want to speak about the one going in on Ansborough Avenue. The public out there watched as you drafted an ordinance to a moratorium to prevent them from going into our residential neighborhoods next to daycares and everything else. This one here on Ansborough is adjacent to residential property. And there's a lot of people out there and myself included who felt like this was not going to happen. But now today it is happening. I have residents calling me saying Forrest you watch what they are doing, how can this happen? I initially told them it wasn't going to happen but it appears like there was some wiggle worms in there and they are going to have it. And they are asking for a permit. Mayor Clark, I believe that the one on Ansborough Avenue is a new owner not a new business. The business has been there for a long time. July 26, 2010 Page 4 Mr. Dillavou, they've never had a liquor license. They had a beer permit but not a liquor license. Mayor Clark, I see, I wasn't aware of that. Councilperson Schmitt, I would just like to compliment Mary Potter and members of the Church Row Neighborhood. I've been to the meeting for several years now and that was going to be my suggestion. If we couldn't get a resolution tonight it was going to be to encourage the owners of that liquor store to work with Church Row Neighborhood Association. Because I think all of these liquor stores in general the problem is not just the liquor. It's the loitering, the litter, it's the potential for a law violation but just the appearance of these liquor stores not being good neighbors. And I think that's what we are all looking for. We like the idea of new businesses, we like the idea of successful businesses but we also want them to be good neighbors especially in residential areas. And I think that's what Mary's group is going to be working towards. And I certainly encourage the folks at the liquor store there to do the same thing. And the other liquor stores in other neighborhoods in the city. Councilperson Hart, just a couple of comments because I think in the agenda meeting the one thing that I've been challenged by is there's a designation between all site consumption liquor establishments and on site. And it concerns me when those that have all site consumption who folks are coming there for two to three minutes buying something and then leaving are having a group of service calls as if people are staying on site to consume. And so that's always been a challenge of mine. The second thing I was wondering was I was wondering if Suzy or the Chief of Police or someone could answer in regards to those two owners, of the Five Star Snacks particular owner and then the NC Mini Mart/New Star owner. Do they own other establishments and if they do have there been any citations or violations from their other establishments if they own them? Dan Trelka, Chief of Police, in regard to New Star Liquor which is going to own and operate NC Mini Mart at 1415 Ansborough Avenue they do own another establishment at 1625 W. 4th Street. The type of calls at that business are typical calls and the amounts of calls for service are what we have at the other convenience stores in town. In regard to 437 Sullivan Avenue, we found the same thing. There are two other establishments owned by this particular individual. One at 315 Fletcher Avenue and also another establishment at 919 W. 5th Street. Again, what we found is there are typical calls for these types of businesses. No more or no less. And none of great significance. Councilperson Hart, did one of them receive 80 calls in the general vicinity? Mr. Trelka, I would have to look at the calls for service more thoroughly to see if one of them did. But that very well could be. However, a couple of these establishments are in neighborhoods where we do have high call volumes. Councilperson Greenwood, the store at 1625 W. 4th Street has a drive -up window on it. Do you know if they anticipate having a drive -up window on their Ansborough Avenue store? Mr. Trelka, I'm not sure if they do. They are restricted so no. Councilperson Greenwood, so a convenience store can't have a drive -up window if they have liquor sales anymore? Noel Anderson, Community Planning & Development Director, when we amended the ordinance we disallowed the drive -up anywhere. Councilperson Greenwood, existing ones are grandfathered in. Mr. Anderson, correct unless they discontinue using it for at least one year. Items la through lb(11), except lb(9) Ayes: Six. Absent: Jones. Motion carried. Item lb(9) Ayes: Two. Nays: Four (Cole, Greenwood, Schmitt, Hart). Motion failed. PUBLIC HEARINGS 134926 - Hart/Cole that proof of publication of notice of public hearing on Demolition and Site Clearance Project, Contract No. 171 -D -EDI -08-02-10 for the following properties: 1828 Franklin Street, Sycamore Street site clearance, 215 Courtland Street, 411 Archer Street, 318-320 Irving Street, 160 Dawson Street and 438 W. Airline Highway, as published in the Waterloo Courier on July 22, 2010, be received and placed on file. Ayes: Six. Absent: Jones. Motion carried. • 1 July 26, 2010 Page 5 134927 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Jones. Motion carried. 134928 - Hart/Greenwood that "Resolution to confirm approval of plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Project, Contract No. 171 -D -EDI -08-02-10 for the following properties: 1828 Franklin Street, Sycamore Street site clearance, 215 Courtland Street, 411 Archer Street, 318-320 Irving Street, 160 Dawson Street and 438 W. Airline Highway", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-647. 134929 - Hart/Greenwood that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-648. 134930 - Hart/Greenwood to receive, file and instruct City Clerk to open bids and refer to Contracts and Grants Coordinator for review: Bidder Bid Bond Bid Amount Lehman Trucking & Excavating, Inc. 1422 Ashland Avenue Waterloo, IA 50703 5% $43,600.00 Peterson Contractors Inc. Box A Reinbeck, IA 50669 5% $51,000.00 R & K Home Improvement 1111 Bourland Avenue Waterloo, IA 50702 $116,075.00 Ayes: Six. Absent: Jones. Motion carried. Mayor Clark introduced and congratulated Sherry Powers. She has accepted the position of Waste Water Operator and James Leffler on his appointment to the Waterloo Metropolitan Transit Authority. RESOLUTIONS 134931 - Cole/Hart that "Resolution approving award of hotel/motel discretionary funding to the following entities: $5,000.00 to Waterloo Fire Department -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-649. 134932 - Cole/Hart that "Resolution approving Conditional Offer Form for the Acceptance of Purchase Offer for 234 Greenwood Avenue, James R. Sulentic II and Richard J. Malcolm Jr., in the amount of $87,000.00, and authorize Mayor and City Clerk to execute same - Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Jones. Councilperson Getty, is that just for his lot that the house sits on or does that include the empty lot next to it too? Noel Anderson, Community Planning & Development Director, it includes eight lots in this acquisition here. So the lot his is on and there's the parcel across the street there are several smaller lots. It includes all of the land out there. Resolution adopted and upon approval by Mayor assigned No. 2010-650. 134933 - Cole/Hart July 26, 2010 Page 6 that "Resolution approving Contract for the Disaster Recovery Flood Insurance Reimbursement Program for River Plaza Athletic Club at 10 W. 4th Street, in an amount of up to $5,000.00, and authorize Mayor to execute said document - Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-651. 134934 - Cole/Hart that "Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for Studio 3k at 10 W. 4th Street, in the amount of $5,400.00; and Euro Style Barber Shop at 702 South Street, in the amount of $4,500.00, and authorize Mayor to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-652. 134935 - Schmitt/Hart that "Resolution approving a Memorandum of Understanding with INRCOG for the writing, preparation, and submittal of a Safe Routes to School grant application for $100,000.00 for the improvements to Highland School routes, and authorize the Mayor and City Clerk to execute said documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Jones. Councilperson Hart, is that particular grant was up to $250,000.00? Noel Anderson, Community Planning & Development Director, yes it was. This was identified by the engineering department as being a good grant to go after. I actually have a map of it up on the screen there. Councilperson Hart, which leads to question number two. Is it only focused on one particular school or could we have added a couple of others to come up to that $250,000.00? I'm wondering why if we had an opportunity for $250,000.00 why we did give them what they wanted? Mr. Anderson, its my understanding that each grant can only be for one school. So if we applied for a second one for another school. Last year we applied for the new Lincoln School of course. This is the one we prioritized for this year. Councilperson Hart, I didn't know if we were able to add another one or not. Mr. Anderson, not under the same grant it has to be a separate application. Resolution adopted and upon approval by Mayor assigned No. 2010-653. 134936 - Schmitt/Hart that "Resolution approving recommendation of acceptance of bid from Uniform Den Inc. of Moline, Illinois for the Purchase of Police Department Uniforms and Equipment -Submitted by Daniel L. Trelka, Chief of Police", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-654. 134937 - Schmitt/Hart that "Resolution approving Supplemental Agreement No. 1 with Snyder & Associates in the amount of $62,565.00 in conjunction with F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775 for construction related services -Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-655. 134938 - Welper/Hart that "Resolution approving City/State Agreement with Iowa Department of Transportation for the development and completion of the F.Y. 2011 Riverfront Renaissance North Downtown Trail, Contract No. 786 at a cost of $1,000,000.00, with city's cost of $600,000.00 -Submitted by Jamie Knutson, P.E. Associate Engineer", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-656. 134939 - Welper/Hart i • • July 26, 2010 Page 7 that "Resolution approving request of Waterloo Water Works for a temporary variance to the truck embargo on Ansborough Avenue between W. 4th Street and Highway 63 to last approximately one week beginning August 2, 2010, weather permitting in conjunction with a water main leak on Martin Road -Submitted by Jamie Knutson, P.E. Associate Engineer", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-657. 134940 - Welper/Hart that "Resolution approving Contract with Huff Contracting Inc. of Waterloo, Iowa for the amount of $295,459.00 in conjunction with 2010 Young Arena Expansion Project Phase I; approving the Contracts, Bonds and Certificates of Insurance and authorize the Mayor and City Clerk to execute said documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-658. 134941 - Welper/Hart that "Resolution approving amendment to two-year renewal agreement with Safety National Casualty at a cost not to exceed $91,433.00 per year to provide stop loss coverage -Submitted by Suzy Schares, City Clerk", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-659. OTHER COUNCIL BUSINESS 134942 - Greenwood/Hart to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Sidewalk Repair Block Grant Program - Zone 10, Contract No. 780, be received, placed on file and approved. Ayes: Six. Absent: Jones. Motion carried. 134943 - Greenwood/Hart that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Sidewalk Repair Block Grant Program - Zone 10, Contract No. 780, be received and placed on file. Ayes: Six. Absent: Jones. Motion carried. 134944 - Greenwood/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-660. 134945 - Greenwood/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as August 16, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-661. 134946 - Getty/Hart to instruct City Clerk to prepare specifications, bid document, etc. in conjunction with Parking Cashier Services for W. 5th Street/Convention Center Ramp, be received, placed on file and approved. Ayes: Six. Absent: Jones. Motion carried. 134947 - Getty/Cole that specifications, bid document, etc. in conjunction with Parking Cashier Services for W. 5th Street/Convention Center Ramp, be received and placed on file. Ayes: Six. Absent: Jones. Motion carried. 134948 - Getty/Cole that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Jones. July 26, 2010 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2010-662. 134949 - Getty/Cole that "Resolution setting date of hearing on specifications, bid document, etc. and taking of bids as August 16, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-663. 134950 - Hart/Cole to instruct City Clerk to prepare specifications, bid document, etc. in conjunction with Security Services for E. 5th St Ramp, E. Park Ave Ramp, West Side Parking Ramp & 4th St Bridge Walkway, be received, placed on file and approved. Ayes: Six. Absent: Jones. Motion carried. 134951 - Hart/Cole that specifications, bid document, etc. in conjunction with Security Services for E. 5th St Ramp, E. Park Ave Ramp, West Side Parking Ramp & 4th St Bridge Walkway, be received and placed on file. Ayes: Six. Absent: Jones. Motion carried. 134952 - Hart/Cole that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-664. 134953 - Hart/Cole that "Resolution setting date of hearing on specifications, bid document, etc. and taking of bids as August 16, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-665. 134954 — Cole/Hart to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with Purchase of One 2010 John Deere 7330 Tractor with Attachments, be received, placed on file and approved. Ayes: Six. Absent: Jones. Motion carried. 134955 - Cole/Hart that specifications, bid document, etc. in conjunction with Purchase of One 2010 John Deere 7330 Tractor with Attachments, be received and placed on file. Ayes: Six. Absent: Jones. Motion carried. 134956 - Cole/Hart that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-666. 134957 - Cole/Hart that "Resolution setting date of hearing on specifications, bid document, etc. and taking of bids as August 9, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2010-667. ORAL PRESENTATIONS Randy Herod, 111 Highland Boulevard, just a couple of questions for clarification. Under the consent agenda, that item 9, is that now totally completed? Or is there some process of appeal? • • • • July 26, 2010 Page 9 Mayor Clark, there is an appeal process that those establishments will appeal it. Mr. Herod, is there a place for the public to be involved in that? James Walsh, City Attorney, I don't want to give legal advice to an applicant who is going to appeal our decision tonight. But there is an appeal process and it will end up in Des Moines. Its filed and decided by an Administrative Law Judge in Des Moines. They will probably need a lawyer to assist them but I'm not their lawyer. Mr. Herod, another item, item number 7, on the safe routes for the Highland School. The $100,000.00 grant application for the safe routes application. What are safe routes and how would they differ on the new Highland School then they are on the current McKinstry School which is right at the side of it. It just sounds like the routes that we had before weren't safe or something. Noel Anderson, Community Planning & Development Director, if we could bring the map up. You can see the crossing with Dubuque Road going from Adrian Street to Idaho Street. Our engineering department has been working with the crossing on the northern side of Dubuque Road there. Because we are doing those improvements we thought this was a good opportunity to make some sidewalk connections and improvements in this area. Applying for this grant will help us in that endeavor. Maribeth Rover, 835 Home Park Boulevard, on the July 7, 2010 we got that flash flood and I know I talked to you about this before and you had mentioned to maybe try to apply for some kind of finding. Because insurance didn't cover very much. Mayor Clark, for your personal house you are talking about? Ms. Rover, yes. I had $30,000.00 worth of damage in my basement and today I called. Well, I had applied on that 211 number. There is a 211 number that your suppose to call and tell them how much your damage was worth. And I had done that and I had never heard anything. So I called today again and they said well there wasn't enough to apply for any funding. And they said it was a state disaster. And I said I called and there was no state disaster because I put it up on the internet and I typed all my information in. And they said Iowa is not a state disaster so there is no money. So to call federal. So I call federal to look into FEMA money and in order to get FEMA money you have to be at poverty level. And they will pay up to $5,000.00. And the poverty level for one person is $10,830.00. And if you do the 200 percent above that that comes to $21,600,00. And I don't think very many people are going to be able to qualify for this. So they said just to go ahead and listen on the t.v. there will be a release of some information coming up. Well, I kind of figured it has been three weeks and so I called Emergency Management. And they said the exact same thing, there is no money out there to help anyone. Mayor Clark, there was no state disaster it was a county disaster. And there is an 800 number that I believe I gave you. Ms. Rover, and you did. Mayor Clark, well then I am just as confused as you are because there is money available for Black Hawk County. I don't know who else you can speak to about that but it was a county disaster. Councilperson Schmitt, three counties were designated as disaster. Mayor Clark, I am not sure why you were told that. Councilperson Greenwood, I looked it up for several people on their website and it was 200 percent of poverty level was the threshold that I saw. Ms. Rover, why do you have to have such a low income to get help? Why can't everybody get it? Mayor Clark, I don't know. I don't have an answer for you but I will check on it and get back to you. Ms. Rover, have we looked into doing anything about the sewer system? Mayor Clark, yes we have. As I have said many times it's not going to be cheap, easy or quick. Ms. Rover, well this wasn't cheap at my house I know that. I still haven't paid for the basement I put in five years ago. I'm still paying on it now its kind of like starting over. Plus everything else I got lost, I lost everything. July 26, 2010 Page 10 Mayor Clark, I understand that and you have all of our empathy and I wish I could do something out there. Ms. Rover, is there going to be anything out there and try to get some people some help? Because I'm not the only one this has happened to. Mayor Clark, if you are talking about financial help to replace or repair your damage during this flood. Other than this money we are talking about I am not aware of any. And I will follow up and try to find out why that was arrived at. And get back with you with the information. I'm hopeful that we will have some kind of a plan developed by this fall. This is going to be a very long project. I am committed on doing that but its just going to be a while. 134958 - Hart/Cole that the above oral comments be received and placed on file. Ayes: Six. Absent: Jones. Motion carried. ADJOURNMENT 134959 Hart/Cole that the Council adjourn at 6:17 p.m. Ayes: Six. Absent: Jones. Motion carried. City Clerk • •