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HomeMy WebLinkAboutMinutes-03/14/2005• • March 14, 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, March 14, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Welper. Absent: Gunderson. Moment of Silence. Pledge of Allegiance: Eric Thorson, City Engineer. 121279 - Welper/Clark that the Agenda, as amended, for the Regular Session on Monday, March 14, 2005, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Gunderson. Motion carried. 121280 - Welper/Clark that the Minutes, as proposed, for the Regular Session on Monday, March 7, 2005, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Gunderson. Motion carried. Presentation of Meth Lab Recognition by Lt. Brent Cirksena. CONSENT AGENDA 121281 - 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. 1-70, dated March 14, 2005, in the amount of $533,677.98, 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. 2005-195. 2. Communication from Police Chief transmitting request of Mimi Coenen to hold Boot Block to raise money for the Leukemia and Lymphoma Society's Team in Training Program on April 16, 2005 from 10:00 a.m. to 3:00 p.m. on the corner of Ridgeway and Hammond Avenues. Resolution adopted and upon approval by Mayor assigned No. 2005-196. 3. Communication from City Clerk transmitting request of Leisure Services Department for an exception to burning yard waste to burn approximately 3 acres of prairie grass located in Katoski Greenbelt, north of the shelter on Ridgeway Avenue in early April 2005, together with recommendation of approval of Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2005-197. b. Motion to approve the following: 1. Ann Meyer, Police Lieutenant, and Melissa Ludwig, Police Investigator, to attend Iowa Association of Women Police Conference in Ames, Iowa on March 14-15, 2005, with costs not to exceed $317.70, including use of city vehicle. 2. Matt Anderson, Fire Engineer, to attend NFPA Basic ARFF Certification Class in Dallas, Texas on April 9-17, 2005, with costs not to exceed $2,857.40, including use of city vehicle. 3. Jason Shoars and Ben Petersen, Firefighters, to attend Smoke Drivers Course in Jackson, Mississippi on April 23-30, 2005, with costs not to exceed $1,387.50, including use of city vehicle. March 14, 2005 Consent Agenda continued Page 2 c. Beer/Liquor License Permit Application Class C Fortunes, 328 Elm Street (Renewal) (Expires 3/27/06) (Includes Sunday Sales) Tequila Club, 228 East 4th Street (Renewal) (Expires 3/17/06) (Includes Sunday Sales) Liquor License Permit Application Class C El Mecca Shrine Club, 325 East Park Avenue (5 day license - March 15-19, 2005) d. Outdoor Service Area Application Fortunes, 328 Elm Street e. Bonds. Ayes: Six, with Councilperson Welper voting nay on payment to Keystone Auto Industries in the amount of $1,159.05. Absent: Gunderson. Motion carried. HEARINGS AND BIDS 121282 - Schmitt/Kincaid that proof of publication of notice of public hearing on Purchase of Three Dump Trucks, as published in the Waterloo Courier on March 7, 2005, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 121283 - 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: Six. Absent: Gunderson. Motion carried. 121284 - Schmitt/Clark that "Resolution confirming approval of bid documents in conjunction with Purchase of Three Dump Trucks", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-198. 121285 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with purchase of three dump trucks", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-199. 121286 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Don's Truck Sales, Inc. Fairbank, IA Harrison Truck Centers Elk Run Heights, IA Hawkeye International Trucks Waterloo, IA Truck Country Cedar Rapids, IA Bid for 2 Truck Chassis Bid for 1 Truck Chassis And Related Equipment With Chip Box $178,210.00 $167,846.00 $174,841.00 $171,466.00 Ayes: Six. Absent: Gunderson. Motion carried. • • $63,615.00 $63,890.00 $64,659.00 $63,624.00 March 14, 2005 • • Hearings and Bids continued 121287 - Welper/Schmitt Page 3 that proof of publication of notice of public hearing on Purchase of 2004 Street Sweeper, as published in the Waterloo Courier on March 7, 2005, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 121288 - 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: Six. Absent: Gunderson. Motion carried. 121289 - Welper/Kincaid that "Resolution authorizing purchase of 2004 street sweeper at a cost of $108,275.00 from EDM Equipment Company of Des Moines, Iowa", be adopted. Prior to a vote on the above motion, the following comments were heard. Denny Bell, Superintendent of Central Garage, reported that the city did a consortium bid/piggy back off the City of Dubuque's bid price for a new 2004 street sweeper. Mr. Bell stated that if the city had requested its own bid we probably would have had to pay $125,000.00 because of the price of steel. Mr. Bell stated that we should receive delivery of the street sweeper by the end of the week. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-200. UNFINISHED BUSINESS 121290 - Kincaid/Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $99,900.00 to Mike Dolan Concrete and Masonry, Inc. of Waterloo, Iowa in conjunction with 2005 Riverfront Stadium Renovations and Improvements, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-201. PETITIONS FROM PUBLIC 121291 - Schmitt/Welper that communication from Senior Planner transmitting request of Chrisbro LLC for a site plan amendment to the "S-1" Shopping District for property generally located near the corner of Crossroads Boulevard and Bopp Street for the purpose of constructing a new Hampton Inn and Suites, together with recommendation of approval of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as March 28, 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. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-202. 121292 - Schmitt/Welper that communication from Senior Planner transmitting request of Chrisbro LLC to vacate a portion of the 40' greenway easement generally located near the corner of Crossroads Boulevard and Bopp Street to allow for development of a new Hampton Inn and Suites, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 28, 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. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-203. March 14, 2005 REPORTS 121293 - Greenwood/Kincaid Page 4 that communication from U.S. Department of Housing and Urban Development transmitting Quarterly Report for City's Lead Hazard Control Grant Program with an overall performance rate of 112 out of 100 meaning the city has a "Green" designation and is meeting and/or exceeding its benchmark standards be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated the city received very positive remarks from the U.S. Department of Housing and Urban Development (HUD) regarding the city's Lead Hazard Control grant program. Mayor Hurley stated that we received a $2 million grant, which is administered by Community Development, requiring controls and timely reports. The city received more points than possible and received a "Green" designation that we are meeting and/or exceeding our benchmark standards. HUD reported that the City of Waterloo's overall performance is excellent. Rudy Jones, Community Development Director, stated that a great deal of attention goes to Nancy Gulick who put together the $2.1 million grant. Mr. Jones acknowledged Dave Keidel, Manager of Rehab Services, who oversees the rehab portion of the grant; other staff members include Valerie Heiberger, Jason Verbraken, Christopher Leach and Greg Bagsby. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Gunderson. Motion carried. DOCUMENTS 121294 - Clark/Kincaid that communication from Associate Engineer transmitting agreements with the Iowa Northern Railroad and the Iowa Department of Transportation for Federal Aid Grade Crossing Surface Repair for construction of crossing at Foulk Road at a cost of $47,263.10, with city's share of $10,452.62, and crossing at E. Shaulis Road at a cost of $34,844.72, with city's share of $7,968.94, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-204. 121295 - Clark/Kincaid that communication from Police Chief transmitting funding allocation from the Department of Justice, Bureau of Justice Assistance for FY2005 Justice Assistance Grant (JAG) in the amount of $102,419.00, with no required match, to be shared with Black Hawk County and the City of Cedar Falls, be received, placed on file and "Resolution accepting said funding allocation", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-205. 121296 - Clark/Kincaid that communication from Community Planning and Development Director transmitting an agreement with Howard R. Green Company to perform Phase II Environmental Assessment at a maximum cost of $39,000.00 for a three block area and the Black Hawk Sprinklers site at 1100-1106 Sycamore Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-206. 121297 - Clark/Kincaid that communication from Community Planning and Development Director transmitting Assignment of Promissory Note to the Iowa Department of Economic Development for default by Clear Windows LLC of CEBA loan/forgivable loan, be received, placed on file and "Resolution approving said assignment of promissory note", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-207. • • March 14, 2005 Documents continued 121298 - Clark/Kincaid Page 5 that communication from Community Development Director transmitting Programmatic Memorandum of Understanding with Iowa State Historical Society for completion of historic review of properties within the city, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-208. 121299 - Clark/Kincaid that communication from Contracts and Grants Coordinator transmitting Acquisition Agreement with Bonnie Seenster to purchase the lot located at 434 Florence Street for $2,600.00, plus taxes in the amount of $263.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-209. 121300 - Clark/Kincaid that communication from General Manager of Waterloo Water Works transmitting Release Of Real Estate Mortgage with George and Donna Schaefer, 12037 Kimball Avenue, for payment of Promissory Note in conjunction with Kimball South Rural Water Main Project, be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-210. 121301 - Clark/Kincaid that communication from Associate Engineer transmitting Supplemental Agreement No. 2 with Earth Tech, Inc. of Waterloo, Iowa for professional services at a cost of $57,000.00, with local match of $6,840.00, in conjunction with final design and construction of the US 20/Ansborough Avenue Interchange Project, Contract No. 667, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-211. 121302 - Clark/Kincaid that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $982,000.00 with VanHauen & Associates, Inc. of Clive, Iowa in conjunction with F.Y. 2005 Garden Avenue Area Relief Sanitary Sewer, Contract No. 684, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-212. ORDINANCES TO BE ADOPTED 121303 - Kincaid/Schmitt that "an Ordinance amending the 2003 Traffic Code by repealing Section 539, No Turn Allowed at Red Light; and enacting in lieu thereof a new Section 539, No Turn Allowed at Red Light (no turn on red at Falls Avenue and Stephan Avenue, Falls Avenue and University Avenue, Independence Avenue and Idaho Street, Kimball Avenue and Mitchell Avenue, W. 5th Street and Locust Street and West lith Street and Easton Avenue)", 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. Sandie Greco, Superintendent of Traffic Operations, reported that we are updating and clarifying the city's Traffic Ordinance. State Code does not allow a turn on red while pedestrians are present. Ms. Greco stated there is no change to Paragraph A, but we are adding Paragraph B which states "No Right Turn on Red While Pedestrians Are Present". Ms. Greco stated most of these locations are for heavily traveled school crossings, and when the kids are not present, the traffic will not be required to stop. The ADA requested that the Falls Avenue locations be include to help the mentally and physically challenged who March 14, 2005 Page 6 Ordinances to be Adopted continued have to cross Falls Avenue in order to ride the bus. Ms. Greco commented traffic will be allowed to turn on red if no pedestrians are present. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Gunderson. Motion carried. 121304 - Kincaid/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Gunderson. Motion carried. 121305 - Kincaid/Schmitt that "an Ordinance amending the 2003 Traffic Code by repealing Section 539, No Turn Allowed at Red Light; and enacting in lieu thereof a new Section 539, No Turn Allowed at Red Light (no turn on red at Falls Avenue and Stephan Avenue, Falls Avenue and University Avenue, Independence Avenue and Idaho Street, Kimball Avenue and Mitchell Avenue, W. 5th Street and Locust Street and West 11th Street and Easton Avenue)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Gunderson. Ordinance adopted and upon approval by Mayor assigned No. 4760. 121306 - Schmitt/Clark that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Chapter 4, Storm Water Management Program, of Title 8, Public Utilities (creating a Storm Water Management Authority and Storm Water Management Enterprise Fund)", 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. John Sherbon, 1715 Robin Road, stated his concern is that the city is creating another layer of bureaucracy because of federal law, but he has no idea where the money is coming from. Mr. Sherbon stated we have no idea how many people we will need to enforce it nor how much it will cost. Mr. Sherbon stated that the second ordinance makes car washing illegal, and we won't be allowed to wash cars, boats, campers, or houses. Mr. Sherbon stated he feels the city is knee jerking on this. Mayor Hurley responded that Mr. Sherbon has received some misinformation because the regulations pertain to commercial car washes, and these ordinances pertain to storm water discharge. Mayor Hurley stated we are mandated by the federal government to have a storm water management program in place, and all cities our size are required to do this. Mayor Hurley stated that Waterloo has been working with surrounding cities and a consultant. Mayor Hurley stated these ordinances do not prohibit washing cars. Mr. Sherbon stated the council agenda is run on cable TV on Friday afternoons, and on Sunday citizens can read about the council meeting in the Courier. Mr. Sherbon asked if the city needs to do everything in the current week, and that maybe citizens need to know a month ahead of time. Eric Thorson, City Engineer, stated this is an unfunded mandate which basically shifts activities and cleaning storm water to cities. Mr. Thorson stated that cities with population over 100,000 have been required to have their programs in place since 1990, and cities with population under 100,000 were required to submit a notice of intent by March 10, 2003. Mr. Thorson stated city staff have been handling the work in-house, and the city has been spending about $12,000.00 per year for a consultant. Mr. Thorson reported we have been working with the cities of Cedar Falls, Elk Run Heights and Raymond. Mr. Thorson stated when the program is in place the city will need additional staff. The city sent out a brochure in January explaining the program, and a second brochure will be mailed to citizens in a couple of weeks explaining practices to clean up the water. Mr. Thorson stated we are spending about $30,000.00 right now using bond money Following comments a vote was taken on the above motion, with the following result. Ayes: Six. Absent: Gunderson. Motion carried. 121307 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Gunderson. Motion carried. • • March 14, 2005 • • Ordinances to be Adopted continued 121308 - Schmitt/Welper Page 7 that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Chapter 4, Storm Water Management Program, of Title 8, Public Utilities (creating a Storm Water Management Authority and Storm Water Management Enterprise Fund)", 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. Councilperson Clark asked would happen if the city says we won't do it. Mr. Thorson responded the Iowa Department of Natural Resources could come after the city, and they have a $25,000.00 per day fine. Mr. Thorson stated we decided its here, have to live with it and make it most economically. Mr. Thorson stated the first ordinance contains a lot of definitions which we obtained from federal law. Councilperson Clark stated the council has not thought this up on our own, but we have been told by the federal government to have a program in place or face a serious fine. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Gunderson. Ordinance adopted and upon approval by Mayor assigned No. 4761. 121309 - Welper/Schmitt that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Article A, Illicit Discharge Detection and Elimination, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities (requires a NPDES Permit to allow storm water, non -storm water and pollutants to flow into the city's storm water system)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Gunderson. Motion carried. 121310 - Welper/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Gunderson. Motion carried. 121311 - Welper/Schmitt that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Article A, Illicit Discharge Detection and Elimination, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities (requires a NPDES Permit to allow storm water, non -storm water and pollutants to flow into the city's storm water system)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Gunderson. Ordinance adopted and upon approval by Mayor assigned No. 4762. NEW BUSINESS 121312 - Schmitt/Clark that communication from Senior Planner transmitting request to vacate a portion of right-of-way generally described as the Mulberry Street crossover located west of the Franklin Street and Oak Avenue intersection, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 4, 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. Councilperson Greenwood asked what is the timeline to vacate the property and will persons living adjacent to the property have first crack at it. Don Temeyer, Community Planning and Development Director, reported that the property will probably be included in next year's reconstruction program. Mr. Temeyer stated the property will become buildable and could be used for residential or commercial, and the city will look to sell the property. Following comments a vote was taken on the above motion with the following result. Ayes: Six, Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-213. March 14, 2005 Ordinances to be Adopted continued 121313 - Schmitt/Clark Page 8 that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,303.17 for work performed by the Water Works at 1726 Forest Avenue, together with recommendation of approval of the 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-214. 121314 - Schmitt/Clark that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $985.00 for work performed by the Water Works at 111 Adams Street, together with recommendation of approval of the 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-215. 121315 - Schmitt/Clark that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $615.48 for work performed by the Water Works at 1463 Oakcrest Drive, together with recommendation of approval of the 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-216. 121316 - Schmitt/Clark that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $333.38 for work performed by the Water Works at 1124 Virginia Street, together with recommendation of approval of the 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-217. 121317 - Schmitt/Clark that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $236.73 for work performed by the Water Works at 423 Downing Avenue, together with recommendation of approval of the 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-218. 121318 - Schmitt/Clark that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $246.16 for work performed by the Water Works at 513 West Wellington Street, together with recommendation of approval of the 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: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-219. ORAL PRESENTATIONS 121319 - James Robison, 1525 Newell Street, spoke regarding an issue he has brought to the council before. Mr. Robison stated he had an opportunity to speak to owners of each business broken into and witnesses, and the city needs to go back and look at it. Mr. Robison stated he spoke with a police officer regarding persons involved in crimes, and the Police Department does not report these individuals. Mr. Robison read from a report. Mr. Robison stated the girl involved receives SSI and also income from stolen property. Mr. Robison stated Newton's insurance • • March 14, 2005 • • Oral Presentations continued Page 9 did not cover the loss, and she had to report it as a loss. The Antique Store is reporting this loss in 2003 and the insurance is reporting it as a loss. Mr. Robison stated these losses should be reported on her income. Mr. Robison stated that from what he heard from witnesses she mislead the police and mislead the police about his involvement and that she has been involved all along. Mr. Robison stated this is wrong and he has spent over $300.00. Mr. Robison asked why hasn't she been reported to the taxing authorities. Mr. Robison stated he contacted the IRS Fraud Division, and they expect law enforcement to submit all frauds. Mayor Hurley stated the city will take Mr. Robison's information and have the Police Department and City Attorney look into it. Mr. Robison stated the last time he came before the council, he turned in Ms. Eckert, and he thinks she should be arrested as this is not what is expected of local authorities. Mr. Robison stated Ms. Eckert is in violation of the laws. Mr. Robison stated a police officer was there. Mayor Hurley responded he will get an opinion and check into facts. Mr. Robison stated the police officer would have arrested him if he was shouting as Ms. Eckert said. Mr. Robison stated it is wrong to be treated as he has been treated. Kincaid/Clark that the above oral comments be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. ADJOURNMENT 121320 - Clark/Welper that the Council adjourn at 6:50 p.m. Ayes: Six. Absent: Gunderson. Motion carried. -1c\CIIA1 51g.44" Nancy Eckert, CMC City Clerk