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HomeMy WebLinkAboutMinutes-12/12/2005December 12, 2005 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, December 12, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Webelos Den 1, Pack 25 -St. Edward's Pack 25—Cody Anderson, Colin Bullerman, Cameron Dahlenbach, Jake Dodge, Logan Graham, Jason Ludwig, Patrick McLaughlin, Thomas Musgrave, Robbie Nelson and Kyle Ubbelhode. 122705 - Welper/Kincaid 122706 that the Agenda, as proposed, for the Regular Session on Monday, December 12, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. CONSENT AGENDA 122707 - Welper/Kincaid that the following approved: items on the consent agenda be received, a. Resolutions to approve the following: i December 5, Motion carried. placed on file and 1. Resolution approving Schedule AP640, pp. 1-53, dated December 12, 2005, in the amount of $1,777,658.14, 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. 2005-1093. b. Motion to approve the following: 1. Greg Bagsby, Rehabilitation Specialist, to attend NITON XRF Training in Minneapolis, Minnesota on December 14-15, 2005, with costs not to exceed $289.00, including use of city vehicle. 2. Jeff Harrington and Ronda Weber, Police Officers, Negotiation School in Evanston, Illinois on April 2 - not to exceed $3,526.60, including use of city vehicle 3. Timothy Pillack, Police Captain, to attend 224th FBI Quantico, Virginia on January 6 -March 19, 2006, with $1,275.00. to attend Hostage 7, 2005, with costs National Academy in costs not to exceed c. Beer/Liquor License Permit Application Class C Club 319, 229 East 4th Street (New) (Expires 12/05/06) (Includes Sunday Sales) Fitzgerald's Grill & Pub, 360 E. Ridgeway Avenue (Renewal) (Expires 12/9/06) (Includes Sunday Sales) The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal) (Expires 12/31/06) (Includes Sunday Sales) d. Wine License Permit Application Class B Food Pride, 2834 Ansborough Avenue (Renewal) (Expires 12/18/06) (Includes Sunday Sales) e. Beer License Permit Application Class C Food Pride, 2834 Ansborough Avenue (Renewal) (Expires 12/18/06) (Includes Sunday Sales) f. Liquor License Permit Application Class E Food Pride, 2834 Ansborough Avenue (Renewal) (Expires 12/18/06) (Includes Sunday Sales) Ayes: Seven. Motion carried. December 12, 2005 HEARINGS & BIDS 122708 - Kincaid/Welper Page 2 to receive, file and instruct City Clerk to open and read bids in conjunction with F.Y. 2006 Rath Brownfields Area Demolition, Contract No. 708 and refer to City Engineer for review: Bidder Bid Bond Bid Amount Lehman Trucking & Excavating, Waterloo, Iowa 5% $228,700.00 Summers Enterprises, Masonville, Iowa 5% $129,435.00 Peterson Contractors, Inc., Reinbeck, Iowa 5% $178,300.00 Ayes: Seven. Motion carried. 122709 Gunderson/Schmitt that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Chair Replacement, as published in the Waterloo Courier on November 29, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122710 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 122711 - Gunderson/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Five Sullivan Brothers Convention Center Chair Replacement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1094. 122712 - Gunderson/Cole that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1095. 122713 - Gunderson/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator: Bidder Bid Bond Bid Amount Tech Line, Waterloo, Iowa $2,642.00 $54,342.00 Dimensions, Waterloo, Iowa 5% $68,269.80 M T S Seating, Temperance, Michigan $3,135.00 $55,339.00 Ayes: Seven. Motion carried. 122714 - Schmitt/Kincaid that proof of publication of notice of public hearing on Purchase of Large Crew Cab Pick Up Truck With 4 Wheel Drive for Waterloo Airport, as published in the Waterloo Courier on November 23, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122715 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Clark that the hearing be closed and award be delayed to December 19, 2005. Ayes: Seven. Motion carried. • • December 12, 2005 HEARINGS 122716 - Welper/Kincaid • • Page 3 that proof of publication of notice of public hearing on amendment to the Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to adopting new digital zoning map, as published in the Waterloo Courier on November 29, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122717 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Community Planning and Development Director, reported the digital zoning map will allow citizens to go on-line through the Black Hawk County real estate mapping system and get their zoning classifications and a definition of what they need to know when they want to build on their property. Mr. Temeyer thanked the Black Hawk County Assessors office, Engineering Department and city staff for their cooperation and the many hours that it took to get this additional format that is accurate enough that citizen can actually can get on- line if you need something. Mr. Temeyer stated this should reduce the need for people to call in, go through the clerical staff and then through a planner as they can actually go on-line through the Black Hawk County real estate mapping system. Welper/Kincaid that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Seven. Motion carried. 122718 - Welper/Kincaid that "an ordinance amending the Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to adopting new digital zoning map", be received, placed on file, considered and pass for the first time. Ayes: Seven. Motion carried. 122719 - Welper/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 122720 - Welper/Kincaid that "an ordinance amending the Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to adopting new digital zoning map", be considered and passed for the second and third times and adopted. Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 4795. 122721 - Greenwood/Gunderson that proof of publication of notice of public hearing on reallocation of not to exceed $200,000.00 of interest earnings on the unspent proceeds of General Obligation Bonds, Series 2003A and General Obligation Bonds, Series 2004A to pay costs of constructing restroom facilities and ticket booth at Riverfront Stadium, as published in the Waterloo Courier on November 29, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122722 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Paul Huting, Leisure Services Director, reported the reason for the additional costs is the additional construction cost, building materials and some of the unforeseen things that were necessary such as a lift station and a deeper water line being required. Greenwood/Gunderson that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 122723 - Greenwood/Cole that "Resolution instituting proceedings to take additional action and approving reallocation of unspent proceeds of said General Obligation Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1096. December 12, 2005 Hearings continued Page 4 122724 Kincaid/Welper that proof of publication of notice of public hearing on Development Agreement with Cedar Valley Restoration and Development (David Deeds) for the development of the Eastside Riverfront Housing to transfer for $1.00 property generally bounded by Sycamore Street, East 8th Street, the flood dike along the Cedar River and the Union Pacific Railroad, with requirement to build a minimum of 40 units with an absorption rate of at least six units per year and tax rebatements for 10 years, as published in the Waterloo Courier on November 29, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122725 - This being the time and place of public hearing, the Mayor called for written and oral objections. Don Temeyer, Community Planning and Development Director, reported last spring the city advertised for developers, and Cedar Valley Restoration and Development responded and we have been working on an agreement for the project. It is a block and a half of property that was acquired with two grants, the Economic Development Administration and the Iowa Brownfield Grant, through the Department of Economic Development. The project grants the land to them if they will build a minimum of 40 units, which could actually handle more than that depending on how the final design works out. Cedar Valley Restoration and Development will receive 10 year tax rebatements on the project, but only a portion goes back to the developer, as a portion also goes back to the property owners or the owners of the condominium or townhomes that are built and a portion will be used for a future land acquisition downstream so we can continue this project in the future and for streetscape improvement. Cedar Valley Restoration and Development will also create a Self -Supportive Municipal Improvement District (SSMID) so that they can tax themselves an additional amount over and above what the regular city taxes are so that they can keep the property up. They can choose to put additional amenities or take care of some of the city properties along the flood dike system or the embankment so they can keep it in a manner that is nice for a flood dike but will be nicer for a residential area. Cedar Valley Restoration and Development will have the first right of refusal for future developments as they go downstream in the next three blocks, but they will have to respond to the proposal that the city sends in the future. The agreement requires Cedar Valley Restoration and Development to save the Dutch Elm tree in that area. The city will build the new sanitary sewer interceptor line on the eastside of that area prior to Cedar Valley Restoration and Development starting construction, and the agreement says the city would have that completed by June 30, 2006. There is a Design/Build Management Team for this project. As Cedar Valley Restoration and Development continues to work on the project, the individual designs will come back to the Design/Build Management Team. They will look at the designs and make sure they are compatible with the concept that is submitted here at this time. And if by some chance Cedar Valley Restoration and Development did not proceed, they have to build the minimum six units per year, the property they haven't built on would come back to the city. David Deeds, 922 Mulberry Street, stated he is a resident in the neighborhood as it is two blocks from his home and it is also a block from the new market rate single family homes that they have been constructing on East 8th Street as well as some future ones on Lafayette Street. Mr. Deeds stated this project represents a great public/private partnership, an opportunity to remake a part of our community that has been neglected for a long time. It is an opportunity to extend the project that Cedar Valley Restoration and Development started on East 8th Street with the new homes constructed and an opportunity to create a very livable, very urban, very desirable and exciting environment for people to buy. The project will actually consist of six to eight mid -market rate to high end rent apartments in a rehabilitative 1910 two-story warehouse which will create some fantastic spaces for people but also the majority of the project will be for sale. The condominiums and row houses will range between 1,200 and 1,600 square feet. A typical unit may have two bedroom, two baths, and those along the embankment will have great river views at all the residential levels and parking on site. It is a great opportunity for people to experience a real exciting urban environment within the City of Waterloo. Steven Mager asked who is the Design Review Board and what makes up that organization. David Deeds, 922 Mulberry Street, stated it is a great opportunity for them, as developers, to continue to get feedback and make sure that they have consensus on what they are talking about from a design stand point. Mr. Deeds stated they intend to have a high quality of exterior appearance, and they want to leverage off and build off of the historical fabric of that neighborhood. Mr. Deeds stated they believe in a design that fits with the neighborhood while improving the overall neighborhood. This area has a great historical heritage as an industrial area, and they will certainly play off of that with their design. • • December 12, 2005 • • Hearings continued Page 5 Don Temeyer, Community Planning and Development Director, stated the Design Team is made up of the City Engineer or his representative, the Planning Director or his representative, a city council member, the Waterloo Development Corporation Executive Director or representative, Main Street Waterloo Executive Director or representative, the Water Works Director or representative, and with respect to public improvements the Cedar Valley Restoration and Development, (David Deeds) will actually be a voting member for those projects and the city's consultant which is Vanderwalle and Associates in the advisory role. Mr. Temeyer noted that Exhibit D of the agreement lists members of the Design/Build Team, Steven Mager stated his concern with the board is that none of those people are architects, artists, designers or urban planners. They seem to be Engineers, Water Work Managers, people who have nothing to do with design. Mr. Mager stated he feels there should be people involved in the arts, maybe Cammie Scully for example, people who are familiar with design and architecture with the latest in contemporary design and streetscaping and that sort of thing. Not just Engineers, Water Works people and that type. Mayor Hurley stated the developer has those kind of people involved, but that Exhibit that Mr. Temeyer read also calls for and provides for an advisory group made up of city consultants. Mr. Mager stated he hopes that it would be someone familiar with design and the arts. A group of people that can bring that sort of finesse to this project which could really be to its advantage. Don Temeyer, Community Planning and Development Director, the city is not designing this project. Mr. Deeds will bring the design team together and the city would just be reviewing it, making sure that it does exactly what Mr. Mager said to have the finesse to excite everyone, be successful and move on down the river. David Deeds, 922 Mulberry Street, stated they will have a row house type of unit which typically will be exemplified by multiple units; however, there would be multiple stories as well. With parking on the grade level essentially and residential levels above it which would be all owned by one individual. A town house is another word that people frequently use to describe it. Another type of unit would be what they would probably call a flat. In other words a unit that has parking at grade level and then residential units above. A person would own his/her unit all on one level and there may be two or three levels stacked there in some of those buildings, which creates an opportunity for Cedar Valley Restoration and Development to hit a couple different markets. As far as price, they are looking at the $150,000.00 to $300,000.00 range, which is not unreasonable for the market we have here. Its very competitive and will be very competitive price wise but will also be extra competitive because of the river views that a lot of those projects have because of their proximities to the great things that are happening in downtown Waterloo at this point, The opportunity to enjoy the recreational benefits that we have in our fine city is downtown. Ryan Madison, 3303 Parkridge Road, asked why are we developing more houses when we have several abandon houses. There are about 8 to 15 structures over there right now. And we are building more possible abandoned houses over there. When there is no supermarket, no type of business to attract these people. That is what he sees as a waste of time, a waste of money and a waste of finances when we need to be knocking down houses and developing on those lands instead of trying to build on this Riverfront when there is nothing on the east side. Mayor Hurley stated as David mentioned there is a public partnership. The abandoned homes are the public part, and we have a schedule for that. Mayor Hurley stated there is a large group of city employees who are aggressively working on our demolition schedule. Mayor Hurley said as to why we are building, that is a question for Mr. Deeds because this is a private development. Mr. Deeds is the one taking the risks, he is the one that is assessing the market, and if you could hear some of the new developments in the resurrected buildings in the loft apartments that are being sold at a fast clip downtown you might be amazed. Ryan Madison, 3303 Parkridge Road, responded that the ones that are sold downtown are geared more to artists. They have a base, but what this guy is trying to do is pull people on the east side when people are not coming on the east side because there is nothing on the east side. If we had jobs on the east side, we would have things to attract people. You are saying that the Riverfront is going to attract people, but all we have is Young Arena and the Art Museum, that stuff right there is not going to attract people here. It has not attracted people over here for 20 years so its not going to attract them now. December 12, 2005 Page 6 Hearings continued Mayor Hurley responded it might be an argument over the chicken and egg on which comes first. Mayor Hurley stated he thinks if we get the housing and get the people down there, then the grocery stores, the smaller shops, the pedestrian traffic and take advantage of things that are happening and are going to happen on both sides of the river that ClNergy together. Ryan Madison, 3303 Parkridge Road, stated that is just clustering around the river, but when are they going to span that way, going towards the track. Mr. Madison stated he understands that this guy is trying to do something positive, and he commends him on that, but what he hears and what he sees is all we are going to have is some more abandoned houses down on the east side. Mr. Madison asked who is going to pay $150,000.00 to come over here to a place that doesn't have any jobs because he knows that he is not going over here if he can't have a job on the east side. David Deeds, 922 Mulberry Street, stated while there are not big box grocery stores, we do presently have three grocery stores located downtown which are all within walking distances to this location. We have an additional grocery store located on Lafayette Street, just on the other side of Lafayette Park. Those are not typical big box grocery stores, but those are examples of things that are happening. This project has great proximity to a number of our major employers, including John Deere and Qwest, City Hall, the Court House, many attorneys offices are located down here, the architects, accountants, PR firms, contractors, Waterloo Industries, the Waterloo Courier, KWWL, numerous radio stations, the future Tech Works project, the UNI Regional Business center which is a great opportunity for people to create their own business within a structured environment. Not to mention Regions Bank, US Bank, Community Bank, Welts Fargo, and there are a lot of recreational opportunities. There are a lot of employment opportunities within the center of our city, the center of our city is a vibrant place. It is not where everyone wants it to be, but it is improving everyday and is a fantastic place to choose to live. Kincaid/Gunderson that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 122726 - Kincaid/Cole that "Resolution approving said development 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. Don Temeyer, Community Planning and Development Director, reported a SSMID is self -driven. It is up to them to decide how long they want to tax themselves. They will have to file a petition that says how long they want it to be. The SSMIDs downtown were set for two years, but many of them in the state could go on unless they stop. The area that votes to create a SSMID decides how long they want it to be. So it could be five years, ten years, twenty years, or go on until they decide to stop it or vote it out. Councilperson Greenwood asked if the council has voted to institute a SSMID in this area. Mr. Temeyer responded there is a process we will have to follow and a petition would have to be filed by Cedar Valley Restoration and Development. They will say we as the owner of this property want to set up this SSMID and tax ourselves an additional amount of money, and that will have to go through a process outlined in the state code. The city will hold a hearing on the SSMID before the council, and that money when its received through the tax process will be transferred to Cedar Valley Restoration and Development and the owners of the property in that area to do as they outlined in their petition. Councilperson Schmitt pointed out that the current assessed value of this property is $650,000.00, and at the end of the term of this development agreement its got the potential to be worth over $6 million. 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. 2005-1097. 122727 - Kincaid/Cole that "Resolution authorizing transfer of said property", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1098. • • December 12, 2005 • • UNFINISHED BUSINESS 122728 Gunderson/Schmitt Page 7 that communication from Fire Chief transmitting recommendation of award of contract in the amount of $410,107.00 to Pierce Manufacturing in conjunction with Purchase of New Rescue Pumper, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Ned Deberg, Fire Chief, stated if we award the contract to Pierce Manufacturing there are also discounts that come with that. When the chassis is done the first portion of that truck, if you make a payment at that time you get a $6,600.00 discount so that would be taken off of the $410,107.00. Also we can receive additional discounts at the signing of the contract if we make that chassis payment, which is $221,000.00, and we will receive four percent on that money until the chassis is done. If the chassis takes 150 days to build, we would receive an additional $3,700.00 for a total of $10,301.00 additional savings off the $410,000.00. If the chassis takes 180 days to build, we would receive an additional $4,441.00 which would take $11,041.00 off the $410,107.00. Bid documents were sent to Pierce and one to Marion, and the Fire Department worked with a third company, LaFrance for about six months. Through that time period, American LaFrance was sold twice, and one of their plants was closed down, so at that point the Fire Department was not comfortable with sending them a bid. Pierce was the low bidder plus we will get additional discounts. 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. 2005-1099. DOCUMENTS 122729 - Greenwood/Cole that communication from Associate Engineer transmitting Change Order No. 2 for a net decrease in the amount of $3,974.63 for work performed by B&B Builders and Supply of Waterloo, Iowa, in conjunction with F.Y. 2003 Falls Avenue/University Avenue ADA Pedestrian Way, Contract No. 669, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 122730 - Cole/Schmitt that communication from Police Chief transmitting one-year agreement with Waterloo Community School District to provide six School Resource Officers, 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. 2005-1100. 122731 - Cole/Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by B&B Builders and Supply of Waterloo, Iowa at a total cost of $54,401.23 in conjunction with F.Y. 2003 Falls Avenue/University Avenue ADA Pedestrian Way, Contract No. 669, be received, placed on file and "Resolution approving said documents", be adopted and two- year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1101. 122732 - Kincaid/Welper that communication from City Planner transmitting Development Agreement with Hollen, JLLLC for redevelopment of property located at 320-322 East 4th Street for the CU Restaurant located in the Downtown Waterloo Urban Renewal and Redevelopment Plan, with 100 percent tax rebatements for five years on $19,660.00 improvements with a minimum assessment value of $172,630.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1102. December 12, 2005 Documents continued 122733 - Kincaid/Welper Page 8 that communication from Associate Engineer transmitting Professional Services Agreement with Earth Tech, Inc. of Waterloo, Iowa at a cost not to exceed $110,000.00 for final design and construction related services in conjunction with the East Side Sanitary Sewer Interceptor, 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. 2005-1103. 122734 - Welper/Clark that communication from Community Planning and Development Director transmitting first amendment to Reciprocal Easement Agreement with U.S. Bank National Association to extend completion date to April 30, 2006 to purchase a portion of the drive up parking lot at 425 Cedar Street, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1104. 122735 - Welper/Clark that communication from City Planner transmitting Real Estate Contract with Chicago, Central & Pacific Railroad Company to purchase approximately 1.83 acres of former railroad right-of-way at a cost of $43,761.30 as part of the Rath Area Development, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1105. 122736 - Gunderson/Schmitt that communication from Community Planning and Development Director transmitting application with U.S. Environmental Protection Agency for a grant in the amount of $200,000.00 to use for environmental assessment of petroleum substances within the boundaries of Jefferson Street, Mullan Avenue, Franklin Street and 18th Street, 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. 2005-1106. 122737 - Gunderson/Schmitt that communication from Community Planning and Development Director transmitting application with U.S. Environmental Protection Agency for a grant in the amount of $200,000.00 to use for environmental assessment of hazardous substances within the boundaries of Jefferson Street, Mullan Avenue, Franklin Street and 18th Street, 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. 2005-1107. 122738 - Schmitt/Welper that communication from City Planner transmitting agreement with S & J Construction to lease approximately 1,600 square feet of the former Black Hawk Sprinkler building located at 1100-1106 Sycamore Street for $300.00 per month to use for cold storage space, 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. 2005-1108. 122739 - Schmitt/Welper that communication from Community Planning & Development transmitting acquisition contract with Edward and Wanda Hedges for property generally located between East 8th Street and Lafayette Street for $118,800.00, replacement housing assistance in the amount of $22,500.00, and incidentals expenses not to exceed $30,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1109. • • December 12, 2005 • • Documents continued 122740 - Schmitt/Welper Page 9 that communication from Community Planning and Development Director transmitting Development Agreement with Richard Jones for rehabilitation of property located at 2554 Edgemont Avenue, 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. 2005-1110. RESOLUTIONS TO BE ADOPTED 122741 - Clark/Greenwood that "Resolution naming a public street generally located off Greyhound Drive, just northwest of Highway 63 as Titan Trail", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1111. 122742 - Clark/Greenwood that "Resolution naming a public street generally located off Ansborough Avenue, south of San Marnan Drive as Fitzway Drive and rescinding Resolution No. 2005- 1051", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1112. 122743 - Clark/Greenwood that "Resolution changing the January 3, 2006 Council meeting to Wednesday, January 4, 2006 at 5:30 p.m.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. ORDINANCES TO BE ADOPTED 122744 - Cole/Greenwood that "an Ordinance amending the Iowa by adding a new Chapter 16 and Commissions (creating a Telecommunications Utility)", be for the first time. 2005-1113. 2001 Code of Ordinances of the City Waterloo, , Telecommunications Board, to Title 2, Boards five member Board of Trustees to operate received, placed on file, considered and passed Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated he will submit names next week for appointment to the board. There will be a Boards and Commissions Committee meeting to review the appointments, and the appointments will also be on the council agenda. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 122745 - Cole/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 122746 - Cole/Kincaid that "an Ordinance amending the Iowa by adding a new Chapter 16 and Commissions (creating a Telecommunications Utility)", be times and adopted. Ayes: Seven. 2001 Code of Ordinances of the City Waterloo, , Telecommunications Board, to Title 2, Boards five member Board of Trustees to operate considered and passed for the second and third Ordinance adopted and upon approval by Mayor assigned No. 4796. December 12, 2005 Page 10 NEW BUSINESS 122747 - Clark/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $470.07 for work performed by the Water Works at 715 Anthony Street, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1114. 122748 - Clark/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $705.07 for work performed by the Water Works at 820 Glenwood Street, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1115. 122749 - Clark/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $678.23 for work performed by the Water Works at 817 Glenwood Street, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1116. 122750 - Clark/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $230.90 for work performed by the Water Works at 345 Clough Street, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1117. 122751 - Clark/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $448.14 for work performed by the Water Works at 226 Kothe Avenue, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-1118. ORAL PRESENTATIONS 122752 - Ryan Madison, 3303 Parkridge Road, stated on Friday, December 2, 2005 he was reading an article in the Courier discussing development of businesses in the form of miniature malls in Waterloo, and he asked himself why didn't they mention anything about the same type of businesses on the east side. For five years on East 4th Street and Dane Street, there has been a mini mall structure stating in a window, "Build to Suit". On East 4th Street and Sumner Street there is a nice restaurant opportunity and with all the eyesores, property depreciating value, abandon buildings on the east side that would make great locations, why wouldn't a business minded persons want to start a company on the east side. They get tax breaks for starting a business in Waterloo, and on top of that for occupying an abandon building they get another tax break, so why not. Then it dawned on him because of the social characteristics this city as a whole has bestowed on the east side community and the lack of support from the council, there will never be a thriving commercial district on the east side with Mayor Hurley, and this council. Just a few weeks ago he was told it takes time, but the time is now up and is long overdue. We will not go into the year 2006 without some kind of time table of when these buildings will come down. In writing to the public as well. Mr. Madison stated he started a petition, and he is not going to waste his time by giving it to the mayor and council, but if the ball isn't rolling by March 1, 2006 they are going to storm the office of the Governor demanding what belongs to the east side, the right to have these buildings knocked down, so they can pursue their happiness. • • December 12, 2005 Oral Presentations continued Page 11 The mayor and council are put in office to protect the interest of the community. Mr. Madison stated Councilperson Kincaid represents the east side, and not once has he hard him interject when this council is voting to put more businesses in the Crossroad area just to say we have a building on the east side that will make a great location for that business. Mr. Madison stated Councilperson Kincaid needs to take the time to think about that and explain to his people and community. Mr. Madison stated it was said to him that it is hard to connect with the owners of these abandon structures, but it took him a few hours to locate fifteen of these people, and he is not a government or anything within politics. Mr. Madison stated they have a petition and they are not going to wait any longer, this needs to be done and they need to have a time table before next year. Mayor Hurley stated he disagrees with Mr. Madison's contention, but he respects his right to have them, about the lack of support on the part of the council and that extends to his office and staff. Don Temeyer, Community Planning and Development Director, stated the Housing Task Force had a meeting last Friday and they have them every month. Mr. Temeyer invited Mr. Madison to participate in the Waterloo Neighborhood Economic Development Committee which is looking for people to help small businesses. Maureen Collins Williams made a presentation to the council using Mylnternet to get some small businesses sparked, particularly on the east side of Waterloo. Mr. Temeyer invited Mr. Madison to participate in the US 63 Corridor Project. The city is investigating improving US 63 to improve the opportunities for small businesses and redevelopment along Highway 63, which will take several years to get done. One of the big projects that got started is the new Hy -Vee store, but that is just the start of what we need to work on with those projects. As a part of the 63 project, one of the target areas to work on is those buildings along East 4th Street and Dane Street that have been sitting vacant. But those properties are owned by a private property owner who does not want to develop them yet and is not interested in having those demolished. They are owned by a gentleman out in California and represented by Roosevelt Roby that he does not want those demolished, so we have to work with the neighborhood and look at the ability to get those marketed and get those developed. The other one that we are working on is Chamberlain and getting that demolished in that neighborhood because that is a very poor building that needs to come down so the neighborhood can move itself up. Mr. Madison stated the city says they are working on it, but won't give them a timetable, which gives the city a large space to say we are still working on it. Mayor Hurley asked Mr. Madison to contact his office some time this week, and he will get him a date for the next Housing Task Force. It is not a public meeting, but he would like to invite Mr. Madison to sit and listen to that task force, and he thinks Mr. Madison would come away better educated and with a better appreciation of the total process. Mayor Hurley stated he understands Mr. Madison's frustration, but he cant give him a date and wouldn't allow anyone to give him a date unless it had been through our entire process. Mayor Hurley noted Mr. Madison said that in a couple hours he got a list of the owners and he respects that, but what the city finds is on the surface of that process it is not always who the real owner is. It is a very complicated and legal process and so he just leaves the door open that maybe the names Mr. Madison got are not the real owners. Councilperson Schmitt commented that part of what they talk about in that Housing meeting is even though you have the name of the owner, even if the owner signs a consent form for demolition, you still do not have a clear deed to the property. You still have to go through everybody that has got an interest in that property, such as tax certificate holders, lien holders, and all that has to be done or you never have a clear title. So we can tear a house down, then its going to be a vacant weedy property because nobody is going to build on it without a clear title. All that has to be done, it is not just getting the owners name. Ryan Madison, 3303 Parkridge Road, stated one thing that he would suggest is the city has this new code enforcement for the international housing code. We need to find the owners, enforce the new code and pound it in them until they decide to come.. Because half these people don't live here. Some are in Oklahoma, some are in California, some in Nebraska, and this is ridiculous when we have people who live out of state who have abandoned buildings in our town. We need to pound that into them until they understand that Waterloo, Iowa is not going to take it anymore. Anna Mae Weems stated she lives at 635 Independence Avenue, where the train stays on the track for five to six hours at a time and nothing is ever done, about it. Ms. Weems thanked Mayor Hurley for his relationship during the election. There was a different side of him that she saw, and she appreciated that. Ms. Weems thanked Mayor Hurley for coming up there paying for that programthat we had up there. It was good seeing him and his wife there. December 12, 2005 Oral Presentations continued Ms. Weems stated she doesn't believe they have representation on the council, they just have somebody sitting there, they don't have nobody speaking back to them. Ms. Weems stated the election is over, and Mayor Hurley is still the mayor of all the people, those who wanted him and those who did not want him. Ms. Weems stated there is so much neglect in the Fourth Ward. Ms. Weems stated the crime is out there, and if we don't do something about that, even the police won't and they are out there to protect us. Their lives are in danger. Ms. Weems stated Chief Jennings has been with them one solid year educating his officers in diversity. Never missing, getting every money he can for scholarships. Ms. Weems stated Chief DeBerg is honest. They have called the Superintendent of the Street Department out there and he has done some things. Ms. Weems stated she is President of a Neighborhood Association and she flatly quit until they did something about Cherry Street and fixing those streets. Ms. Weems stated Don Temeyer always calls her back, they don't get much done but he does call her back. Ms. Weems stated they will be giving awards to the Fire Department and Police Department. Their work comes from 21 years of diversity work and the thing that they awarded Councilperson Kincaid last week was unfounded. Ms. Weems stated if anyone would go to their doctor and they would give you a clean bill of health because everything about you is good except your feet had gangrene they would not give you a bill of health. The fourth Ward has gangrene and they are there suffering. We have a new group starting in and it started with Mr. Madison who came on his own. Ms. Weems stated they saw him and wondered what brought that up. For a young man to come out of the clear blue sky and say we are tired. The older people have given up. Ms. Weems stated she has been here all her life sitting on both sides. She was here when the riot happened, and in said she was the cause of the riot, that's debatable. Ms. Weems stated if something is not done out there, those people have become so depressed and those officers wouldn't be able to do anything with all their drugs out there. The fights that are going on out there, you can't blame them for it. No one is safe. The language of oppressed people is oppression. And oppression people is a riot and once the riot breaks out all the doors would be closed, all the bars will be closed, all the banks have to close because that is our money in there, and the airport will be closed. Page 12 Mayor Hurley asked Ms. Weems to finish without taking another shot at anyone because part of our rules are to keep your comments germane and refrain from personal and impertinent remarks. Ms. Weems stated she just wanted everyone to know that the language of oppressed people is out there. We got a new group started and the city is going to wonder why they are picketing. Ms. Weems stated she just wanted to let Mayor Hurley know he did a fine thing with Mr. Madison as he told him and explained to him what it was and invited him to his office. Ms. Weems stated for now on that when you get rid of our nice people, get somebody with some skills, some experience, and lets work together on this and do it immediately. Ms. Weems stated she knows Councilperson Clark didn't vote no because he is a racist, he vote no because it wasn't the time, it wasn't the plan to give all that money to that EMA. EMA probably needs $120,000.00, but it wasn't thought out so she commends Councilperson Clark for taking a stand. Mayor Hurley responded it was thought out. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 122753 - Welper/Cole that the Council adjourn at 6:42 p.m. Ayes: Seven. Motion carried. Nanccy`Eckert, CMC City Clerk