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HomeMy WebLinkAboutMinutes-02/21/2005• • February 21, 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, February 21, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director. 121155 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, February 21, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 121156 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, February 14, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring February 23, 2005 as CHARACTER COUNTS! Day. CONSENT AGENDA 121157 - Welper/Kincaid 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 AP640, pp. 1-73, dated February 21, 2005, in the amount of $1,684,739.53, 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. 2005-135. 2. Communication from Police Chief transmitting request of YMCA to hold 2005 Family YMCA 5K Run for Inclusion and Healthy Kids Day on April 2, 2005 starting at 9:00 a.m. with race to begin and end at the YMCA. Resolution adopted and upon approval by Mayor assigned No. 2005-136. 3. Communication from Police Chief transmitting request of Motorcycle Awareness Council to hold 15th Annual Motorcycle Awareness Ride on May 14, 2005 from approximately noon until 2:00 p.m. with route to begin at Junies Truck Stop in Elk Run Heights through Evansdale into Waterloo, Cedar Falls and back to Junies Truck Stop in Elk Run Heights. Resolution adopted and upon approval by Mayor assigned No. 2005-137. 4. Communication from City Clerk transmitting request of Grace Reformed Church for a variance to the Noise Ordinance on June 12 and August 14, 2005 from 8:30 a.m. to 12:00 noon to hold worship services at Byrnes Park, including a live band and PA system, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2005-138. 5. Communication from City Clerk transmitting request of Hartman Reserve Nature Center for an exception to burning yard waste to burn approximately 6.3 acres of prairie grass located within the Hartman Reserve Nature Center during the month of April 2005, together with recommendation of approval of the Fire Chief, Leisure Services Director and the Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2005-139. February 21, 2005 Page 2 Consent Agenda - continued b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of John DeLorbe and David Buck and appointment of Christine Handfelt to the Leisure Services Commission, with term expiration date of March 1, 2008. 2. Eric Thorson, City Engineer, to attend American Public Works Association Iowa Chapter 2005 Spring Conference in West Des Moines, Iowa, on March 9- 11, 2005, with costs not to exceed $359.00. 3. Jason Verbraken, Rehabilitation Specialist, to attend MSA Professional Services Inspector/Risk Assessor Initial Training in Dubuque, Iowa on March 7-11, 2005, with costs not to exceed $1,295.00, including use of city vehicle. 4. Paul Huting, Leisure Services Director, to attend Iowa Park and Recreation Association Spring Conference in Sioux City, Iowa on March 20-23, 2005, with costs not to exceed $450.00, including use of city vehicle. 5. Tim Pillack, Police Captain; Andy Clark, Police Sergeant; Matt McGeough and Al Bovy, Police Officers, to attend Governor's Traffic Safety Bureau Conference in Des Moines, Iowa on March 29-31, 2005, with costs not to exceed $945.52, including use of city vehicle. 6. Monty Frana, Keith Rogers, Kerry Devine, Lisa Campbell and Frank Krogh, Police Sergeants, to attend First Line Supervisors School in Waterloo, Iowa on March 28 -April 1, 2005, with costs not to exceed $2,575.00, including use of city vehicle. 7. Tom Langlas, Member of Cultural & Arts Commission, to travel to Washington, DC with Cedar Valley Coalition on April 9-12, 2005, with costs not to exceed $1,425.00. 8. Dave Taylor, Joe Leibold and Rich Carter, Police Lieutenants, to attend Public Safety's Police Management School in Des Moines, Iowa on March 14- 18, 2005, with costs not to exceed $2,474.00, including use of city vehicle. c. Liquor License Permit Application Class E Hy -Vee Food Store, Sunday Sales) d. Wine License Permit Class B Hy -Vee Food Store, Sunday Sales) e. Beer License Permit Class C Hy -Vee Food Store, Sunday Sales) f. 306 Byron Avenue (Renewal) (Expires 3/23/06) (Includes Application 306 Byron Adenue (Renewal) (Expires 3/23/06) (Includes Application 306 Byron Avenue (Renewal) (Expires 3/23/06) (Includes Beer/Liquor License Permit Application Class C Packers Inn, 201 Rath Street (New) (Expires g. Bonds. Ayes: Seven. Motion carried. HEARINGS AND BIDS 121158 - Gunderson/Schmitt 2/15/06) (Includes Sunday Sales) that proof of publication of notice of public hearing on Men's Locker Room Remodel/Lockers, as published in the Waterloo Courier on February 11, 2005, be received and placed on file. Ayes: Seven. Motion carried. 121159 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. February 21, 2005 Hearings and Bids - continued Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion 121160 - Gunderson/Schmitt that "Resolution confirming in conjunction with Men's Seven. approval of Locker Room Page 3 carried. specifications, form of contract, etc. Remodel/Lockers", be adopted. Ayes: Resolution adopted and upon approval'by Mayor assigned No. 2005-140. 121161 - Gunderson/Schmitt that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor 121162 - Gunderson/Schmitt assigned No. 2005-141. to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Welded Lockers Techline, Waterloo, IA Dimension, Waterloo, IA Ayes: Seven. Motion carried. 121163 - Welper/Gunderson Knockdown Lockers $39,020.00 $28,886.00 that proof of publication of notice of public hearing on Purchase of 2004 Rear Loading Garbage Truck, as published in the Waterloo Courier on February 11, 2005, be received and placed on file. Ayes: Seven. Motion carried. 121164 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 121165 - Kincaid/Gunderson that "Resolution approving communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $109,870.00 to Mid -Iowa Solid Waste Equipment Co. of Johnston, Iowa", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked why the city needs rear loading garbage trucks. Dennis Bell, Superintendent of Central Garage, responded the city still uses rear loading garbage trucks to pick up garbage on one-way streets. Councilperson Greenwood asked why not make residents place their cans on one side of the street. Mr. Bell responded we also use the trucks for plowing snow. 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. 2005-142. HEARINGS 121166 - Schmitt/Clark that proof of publication of notice of public hearing on Development Agreement with Cedar Valley HQ, L.L.C. and Lockard Development Inc. to sell and convey for $1.00 approximately 2.0 acres of property generally located south of the existing Tower Park office complex to construct a new 13,200 square foot professional office building, with a minimum taxable value of $2,100,000.00 and five year tax rebatements, as published in the Waterloo Courier on February 11, 2005, be received and placed on file. Ayes: Seven. Motion carried. February 21, 2005 Hearings - continued Page 4 121167 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Cole that the hearing be closed. Ayes: Seven. Motion carried. 121168 - Schmitt/Clark 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. Noel Anderson, City Planner, reported this is a pretty standard development agreement. The city is giving a grant to the company for the land. 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. 2005-143. 121169 - 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. 2005-144. 121170 - Gunderson/Schmitt that proof of publication of notice of public hearing on Development Agreement with Lockard Development Inc. to vacate, sell and convey for $1.00 property generally located at the southeast corner of the intersection of Shopper's Boulevard and San Marnan Drive, just north of the Rex Retail Store to redevelopment the site, with a minimum taxable value of $1,150,000.00, as published in the Waterloo Courier on February 11, 2005, be received and placed on file. Ayes: Seven. Motion carried. 121171 - 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. 121172 - Gunderson/Schmitt that "an Ordinance vacating property generally located at the southeast corner of the intersection of Shopper's Boulevard and San Marnan Drive, just north of the Rex Retail Store", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 121173 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 121174 - Gunderson/Clark that "an Ordinance vacating property generally located at the southeast corner of the intersection of Shopper's Boulevard and San Marnan Drive, just north of the Rex Retail Store", be considered and passed for the second and third times and adopted. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, reported the city is vacating a piece of land along San Marnan Drive. There are utilities located within the area so the company cannot build on the land, but can use it for parking. Mr. Temeyer stated that the agreement will raise the taxable value of the property to $1,150,000.00 through a Minimum Assessment Agreement. • • February 21, 2005 1 • Hearings - continued Page 5 Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4755. 121175 - Gunderson/Cole that "Resolution approving said Development Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 145. 121176 - Gunderson/Schmitt that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-146. UNFINISHED BUSINESS 121177 - Greenwood/Clark that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $86,970.00 to Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2005 Salvage Asphalt Crushing, Contract No. 693, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-147. PETITIONS FROM PUBLIC 121178 - Welper/Gunderson that communication from City Planner transmitting request of Gerald Schoenfelder to vacate, sell and convey for $1.00 city right-of-way generally located along San Marnan Drive between the Sears and Penney's Streets intersection at the location of the former Country Kitqhen, Great Dragon and auto repair building and a Development Agreement to construct a new commercial building, with a minimum taxable value of $1,142,610.00, be received, placed on file and "Resolution setting date of hearing as March 7, 2005 at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, reported originally the property was planned for use for the highway so we would have enough property to expand the highway to six lanes if needed. Mr. Temeyer stated the developer cannot build on the property, but could use it for parking. 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. 2005-148. 121179 - Schmitt/Welper that communication from City Planner transmitting request of Grace Elliot for a minor site plan amendment to the "R -4,R -P" Planned Residence District for an addition to the building and expansion of the parking lot at 3216-3222 Thistledown, be received, placed on. file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-149. February 21, 2005 DOCUMENTS 121180 - Clark/Greenwood Page 6 that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by Exteriors Unlimited, Inc. of Vinton, Iowa in conjunction with Metal Roof Restoration for Solid Waste Storage and Repair Center at Water Pollution Control facility, be received, placed on file and "Resolution approving said document", be adopted and ten-year limited warranty be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-150. 121181 - Clark/Greenwood that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by Don Gardner Construction Company of Waterloo, Iowa in conjunction with Public Restrooms, Break Room and Women's Police Locker Room Remodel, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-151. 121182 - Clark/Greenwood that communication from Associate Engineer transmitting Federal Aid Grade Crossing Surface Repair Agreements with the Canadian National/Illinois Central Railroad and the Iowa Department of Transportation for construction of crossings at E. 4th Street, W. Donald Street, Nevada Street, Parker Street, Conger Street and David Street at a total cost of $647,165.68, with city's share of $135,833.12, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-152. 121183 - Clark/Greenwood that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $86,970.00 with Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2005 Salvaged Asphalt Crushing, Contract No. 693, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-153. 121184 - Clark/Greenwood that communication from Assistant City Engineer transmitting Construction Plans for sanitary sewer, storm sewer and paving serving Audubon Park Sixth Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, and Sewage Treatment Agreement with Iowa Department of Natural Resources, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-154. 121185 - Cole/Schmitt that communication from Associate Planner transmitting request of Ben Dunkin for tax exemptions on improvements totaling $94,211.00 for property located at 1035 Ackermant Street in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify the Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-155. 1 February 21, 2005 • . Documents - continued 121186 - Cole/Schmitt Page 7 that communication from Associate Planner transmitting request of Lloyd and Kimberly Tims for tax exemptions on improvements totaling $10,454.00 for property located at 524 McShane Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify the Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-156. 121187 - Cole Schmitt that communication from Community Planning and Development Director transmitting agreement with Terracon Consulting for Phase II limited site investigation at a cost of $4,455.00 as part of the expansion of Powers Manufacturing located at 1340 Sycamore Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval'by Mayor assigned No. 2005-157. 121188 - Cole/Schmitt that communication from City Planner transmitting one-year agreement with the Iowa Department of Transportation to lease the parking lot located underneath elevated Highway 218, 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. 2005-158. 121189 - Cole/Schmitt that communication from Airport Director transmitting application to the Iowa Department of Transportation for FY 2005 Air Service Development Program grant in the amount of $25,000.00 to be used for airport marketing, with no required city match, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-159. RESOLUTIONS TO BE ADOPTED 121190 - Kincaid/Gunderson that "Resolution setting date of hearing as Thursday, March 10, 2005 at 5:30 p.m. in the City Hall Council Chambers on the FY06 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-160. 121191 - Kincaid/Gunderson that "Resolution approving and accepting Warranty Deed from R & B Enterprises, LTD, Corp. for approximately 20 acres of property generally located at the southwest corner of Bishop Avenue and Martin Luther King, Jr. Drive", be adopted. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, reported this action will correct the legal description on property previously deeded to R & B Enterprise, LTD Corp. There are no changes to the development agreement previously approved by the council. Mr. Temeyer stated the developer has four months from the date the council approved the development agreement, which was December 15, 2004. 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. 2005-161. February 21, 2005 Resolutions to be Adopted - continued 121192 - Kincaid/Gunderson Page 8 that "Resolution supporting the Character Counts! Program", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-162. ORDINANCES TO BE ADOPTED 121193 - Schmitt/Clark • that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (6) Heartland Hills of Section 552, No Parking Between Signs; and enacting in lieu thereof a new Subsection (6) Heartland Hills of Section 552, No Parking Between Signs (no parking between signs on the west side of the 900 block of Heartland Hills)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 121194 - Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 121195 - Schmitt/Clark that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (6) Heartland Hills of Section 552, No Parking Between Signs; and enacting in lieu thereof a new Subsection (6) Heartland Hills of Section 552, No Parking Between Signs (no parking between signs on the west side of the 900 block of Heartland Hills)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4756. 121196 - Cole/Schmitt that "an Ordinance adopting the 2003 edition of the International Property Maintenance Code", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Lou Cutwright, Building Official/Maintenance Administrator, explained the new code. Mr. Cutwright stated the code is being presented for one reason, and that is to look at the condition of the city, which is the purpose of the International Property Maintenance Code. Mr. Cutwright stated that 48 out of the 50 states have adopted the International Maintenance Code in some form to improve the appearance of their city, and it is working. Mr. Cutwright stated that an appeal of the code enforcement decision will go to an appointed board, not to the council. Mr. Cutwright stated that the parking ordinance is a major portion of the code, and Waterloo is not the only city that has adopted this code and listed numerous cities in Iowa that have adopted the code in some form. Mr. Cutwright explained the proposed ordinance does restrict front yard parking because parking on the grass in the front yard will not be allowed. A11 parking in the front yard must be on hard surface. In any residential district, no one - or two-family dwelling or lot can have more than 33 percent of the front yard used for driveway and off-street parking purposes. Residents would not be allowed to pave the whole front yard so that there would still be green space in the front yard. Mr. Cutwright reported the proposed ordinance requires soffits to be kept in sound condition. In addition, an owner would have to supply the proper sized garbage container for an apartment complex so garbage cannot overflow. Martin Culpepper, 1731 Cottage Grove Avenue, asked if the proposed code has been accessible to the public. Mayor Hurley responded that these changes have been discussed over six years. Mr. Cutwright stated there have been numerous meetings with the council and public. Mr. Culpepper stated he lives in the Maywood Addition and has neighbors who are poor. There are no curbs, gutters nor sidewalks, and they don't want them as they like the country atmosphere. Mr. Culpepper stated the issue of parking in the front yard first came up because the rental properties had no where for vehicles to park because one side of the street says no parking and people don't want to walk six blocks in the winter. Mr. Culpepper stated that less than 25 • 1 • • February 21, 2005 Ordinance to be Adopted - continued Page 9 percent of his neighborhood has concrete driveways. Mr. Culpepper reminded council that Black Hawk County has the largest number of recreational vehicles, and owners cannot afford to build big buildings to store them. Mr. Culpepper stated that most owners won't park on the grass to tear it up if they care about their property. Mr. Culpepper stated that a lot of neighborhoods have boats and campers and those owners don't have enough room on their property to build some type of storage, and the cost to build a garage is around $20,000.00. Mr. Culpepper stated that a lot of people do not have as much money nor make as much money as they did years ago. Mr. Culpepper stated that personally he does not like someone telling him what he can or can't do on his front yard. Forest Dillavou, 1725 Huntington Road, stated he is concerned with the proposed ordinance where the city is checking neighborhoods for windows, siding, etc. Mr. Dillavou stated the city says it will help those who don't have the funds, but those with low -incomes or on fixed incomes normally don't qualify and they can't afford to make the repairs. Mr. Dillavou stated there are a lot of roofs that need fixing. This ordinance will put a financial burden on these folks because if they could afford to make the repairs they would have already done it. Mr. Dillavou stated if it is true property values could go up 30 percent, then we might as well go somewhere else. Mr. Dillavou stated he feels it is his property, and he should be able to do what he wants. Mayor Hurley responded that 30 percent increase in value doesn't equate to a 30 percent increase in taxes. Virginia Bohlen, 1921 Easton Avenue, stated she doesn't feel that residential areas should be treated any differently than a salvage yard. Mr. Bohlen stated this ordinance may help more come into the city. Councilperson Cole stated she campaigned on this issue, and she is pleased to support it. Councilperson Cole stated the International Property Maintenance Code will go a long way to beautify where we live and will make the minority property owners who devalue their neighbor's home to put up or shut up. Councilperson Welper stated he supports what we are doing. Councilperson Welper stated in the early 90s he focused on the condition of houses in Waterloo, and he met with former Mayor Rooff and citizens and they went through the ordinance page by page of what they felt they could do. But this was all in vain because there were no funds. Councilperson Welper stated the council has had numerous meetings on the proposed ordinance, but they have not addressed how to fund it. Councilperson Welper stated the city will need $5 million to fund the proposed ordinance because we will need 5 enforcement staff, increased legal staff and accounting staff for low interest and forgivable loans. Councilperson Welper stated the city has come a long ways in 25 years. Councilperson Welper stated if we get funding in place, he will be happy to support the ordinance. Councilperson Clark stated he agrees with the intent of the ordinance but disagrees with the timing because of funding. Councilperson Clark stated he feels these changes will generate a,lot of complaints that we will not be able to handle. Councilperson Clark stated that Mr. Cutwright first said he would need five code enforcement officers, and we didn't adopt the ordinance because the city does not have the funds. Councilperson Clark stated we just talked about character counts because that is what we are talking about because those who care take care of their property and those who don't won't change. Councilperson Schmitt stated that the proposed ordinance is another tool that code enforcement needs. Councilperson Schmitt stated that there are no funds, but by the time funding is in place we will have the code in place. Councilperson Schmitt stated that the ordinance will be enforced section by section, and it will also be complaint driven. Councilperson Greenwood stated with his small business people stop in and complain about the condition of their neighborhoods. Councilperson Greenwood stated he feels we need to give code enforcement more tools to keep the city clean. Councilperson Greenwood stated there is a 12-plex with a dumpster that gets cleaned once a week, but it gets full and its contents blow all over. Councilperson Greenwood stated the ordinance addresses multiple vehicles and recreational vehicles and gives code enforcement another tool to clean up the city. Councilperson Greenwood stated he knows the city will have to take baby steps to make this work. Councilperson Gunderson stated we have been talking about this ordinance for at least six years, and although he has concerns and misgivings, he feels it is time to move forward. February 21, 2005 Page 10 Ordinances to be Adopted - continued Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Clark, Welper. Motion carried. 121197 - Cole/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Clark, Welper. Motion failed. ORAL PRESENTATIONS 121198 - Rodney Pearce, Vice President of Metro Taxi, stated that he sent a letter to all council members concerning taxicabs in the city. Mr. Pearce reported the insurance requirement for taxicabs in Waterloo is set at $300,000.00, which is comparable to rates paid by taxicab companies in cities such as New York, LA and Chicago. These are companies with a fleet of 500 to 1,000 taxicabs. Mr. Pearce stated the taxicabs in this area only have six to ten taxicabs, and it is hard to meet the high insurance requirement. Paying the high premium leaves no money for upgrades, maintenance or repairs. Mr. Pearce asked the council to look at the insurance requirement versus the number of cabs on the road. Mr. Pearce asked the council to lower the insurance requirement to help keep taxicab fares affordable for those who use them the most. Mr. Pearce stated he has addressed many complaints with Mayor Hurley and the Police Department, and he receives calls on a daily basis against his competitor and refers those complaints to the city clerks office or the Police Department. Mr. Pearce asked the council to look at his competitor. Mr. Pearce stated he receives complaints about drunken cab drivers, cars that are not marked, cars that are unsafe and overcharging the customers. Mr. Pearce proposed ordinance changes for the council to look at to eliminate these complaints. All taxicabs should be inspected every six months or once per year. Mr. Pearce stated he knows several car dealerships that would be happy to take on the inspection. Mr. Pearce stated each vehicle should be required to be given a inspection certificate by the city clerk, and large fines should be imposed for any taxi without a current inspection sticker. Mr. Pearce stated most cities requires a particular color scheme for taxicabs. Mayor Hurley asked Mr. Pearce to send him a copy of the letter, and he will see that the city clerk gets a copy. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 121199 - Welper/Kincaid that the Council adjourn to Executive Session at 6:45 p.m. Ayes: Seven. Motion carried. EXECUTIVE SESSION City Attorney Jim Walsh stated that discussion of acquisition of properties as part of the Ansborough Interchange Project is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2003). 121200 - Welper/Kincaid that the Council adjourn Executive Session at 6:53 p.m. Ayes: Six. Absent: Cole. Motion carried. . 121201 - Schmitt/Gunderson that staff be authorized to proceed with acquisition of properties needed as part of the Ansborough Interchange Project. Ayes: Six. Abstain: Cole because she is employed by VGM Group. Motion carried. • • February 21, 2005 Page 11 ADJOURNMENT 121202 - Welper/Gunderson that the Council adjourn at 6:54 p.m. Ayes: Seven. Motion carried. Narzcy E kert, CMC City Clerk