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HomeMy WebLinkAboutMinutes-02/10/2007• • February 12, 2007 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 12, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Gunderson, Getty, Cole, Schmitt. Absent: Welper, Greenwood. Moment of Silence. Pledge of Allegiance: Don Temeyer, Community Planning & Development Director. 124880 - Schmitt/Kincaid that the Agenda, as amended to delete Item 9, for the Regular Session on Monday, February 12, 2007, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 124881 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, February 5, 2007, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Welper, Greenwood. Motion carried. CONSENT AGENDA 124882 Schmitt/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. 1-96, dated February 12, 2007, in the amount of $1,212,710.28', 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. 2007-95. 2. Communication from Police Chief transmitting request of Main Street Waterloo and Convention & Visitors Bureau to hold Cinco de Mayo Festival on May 5, 2007 from 2:00 p.m. to 10:00 p.m. to be held on West 4th Street near LaPacita Grocery and Lincoln Park, including barricades and street closures. Resolution adopted and upon approval by Mayor assigned No. 2007-96. b. Motion to approve the following: 1. Eric Thorson, City Engineer, to attend American Public Works Association Iowa Chapter 2007 Spring Conference in West Des Moines, Iowa on March 7-9, 2007, with costs not to exceed $409.00, including use of city vehicle 2. Robin Means, Fair Housing Coordinator, to attend HUD Investigator Training Session in Kansas City, Kansas on January 24-25, 2007, with costs not to exceed $387.39. 3. Mark Boesen, Manager of Rehabilitation Services, to attend Radiation Safety Training in Minneapolis, Minnesota on March 12-13, 2007, with costs not to exceed $375.00, including use of city vehicle. 4. Mike Jenn, Fire Captain; and Darryl Hartema, Mechanic; to pick up Quint in Weyauwega, Wisconsin on January 31, 2007, with costs not to exceed $400.00, including use of city vehicle. 5. Greg Erie, Police Officer, to attend Taser Instructor School in Johnston, Iowa on May 30-31, 2007, with costs not to exceed $322.00, including use of city vehicle. 6. Todd Derifield, City Forester; Luke Even, Forestry Foreman; Lawrence Harms, Parks Maintenance II -Forestry; and Chris Pett, Park Maintenance II - Forestry; to attend Iowa State University Shade Tree Short Course in Ames, Iowa on March 13-14, 2007, with costs not to exceed $689.50, including use of city vehicle. February 12, 2007 Consent Agenda continued 7. Aaron McClelland, Police Officer, to attend ILEA School in Des Moines, Iowa on February 8-9, 2007, $308.00, including use of city vehicle. 8. Willie Keller and Dave Bovy, Police Officers, to Reconstruction I in Johnston, Iowa on March 19-30, exceed $2,293.00, including use of city vehicle. Page 2 Firearms Recertification with costs not to exceed attend Traffic Accident 2007, with costs not to 9. Monty Frana, Police Sergeant, to attend Open Sight Rifle Instructor School in Johnston, Iowa on March 5-9, 2007, with costs not to exceed $423.25, including use of city vehicle. 10.Kevin Boyland, Police Officer, to attend Basic Criminal Investigation School in Johnston, Iowa on April 2-6, 2007, with costs not to exceed $308.25, including use of city vehicle. 11.Monty Frana, Police Sergeant, to attend Glock Armorer's School in Des Moines, Iowa on May 1, 2007, with costs not to exceed $162.00, including use of city vehicle. 12.Kevin Boyland, Police Officer, to attend Basic Evidence Collection School in Johnston, Iowa on April 23-27, 2007, with costs not to exceed $298.25, including use of city vehicle. 13.Lou Ball, Waterloo Fire Rescue Community Services Coordinator, to attend Scaffa Fire School in Topeka, Kansas on March 14-16, 2007, with costs not to exceed $340.00, subject to use of city vehicle or no mileage reimbursement for private vehicle. 14.Tina Schellhorn and Kevin McKenzie, Maintenance Electricians, to attend Maintenance Seminar, Signal Timing Seminar, Video Seminar in Spencer, Iowa on March 12-15, 2007, with costs not to exceed $900.00, including use of city vehicle. 15.Matt Vlasak, Maintenance Electrician, to attend General Traffic Controls Video Seminar in Spencer, Iowa on February 28 -March 1, 2007, with costs not to exceed $185.00, including use of city vehicle. 16.Human Rights Award Luncheon at Waterloo Center For The Arts on February 8, 2007, with costs not to exceed $1,633.00. c. Beer/Liquor License Permit Application Class C Red Lobster, 941 East San Marnan Drive (Renewal) Sunday Sales) (Expires 3/10/08) d. Bonds. Ayes: Five. Absent: Welper, Greenwood. Motion carried. HEARINGS & BIDS 124883 - Getty/Gunderson that proof of publication of notice of public hearing Rehabilitation and Riverwall Construction, Contract No. Waterloo Courier on January 24, 2007 and notice to January 18, 2007, be received and placed on file. Welper, Greenwood. Motion carried. 124884 - This being the time and place of public hearing, the and oral objections and there were none. Getty/Gunderson that the hearing be closed. Ayes: carried. 124885 Getty/Gunderson that "Resolution confirming approval etc. in conjunction with F.Y. 2007 Construction, Contract No. 713", be Greenwood. (Includes on F.Y. 2007 Waterloo Dam 713, as published in the bidders as published on Ayes: Five. Absent: Mayor called for written Five. Absent: Welper, Greenwood. of plans, Waterloo adopted. specifications, form of Dam Rehabilitation and Ayes: Five. Absent: Resolution adopted and upon approval by Mayor assigned No. 2007-97. • • Motion contract, Riverwall Welper, February 12, 2007 Hearings & Bids continued 124886 - Getty/Gunderson Page 3 that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-98. 124887 - Getty/Gunderson to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount Cramer & Associates, Inc., Des Moines, IA 5% $6,583.271.00 Iowa Bridge & Culvert, LC, Washington, IA 5% $8,539,760.49 Peterson Contractors, Inc., Reinbeck, IA 5% $5,405,520.26 Ayes: Five. Absent: Welper, Greenwood. Motion carried. HEARINGS 124888 Gunderson/Schmitt that proof of publication of notice of public hearing on Amendments to Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to Home Occupations, Erection of More Than One Principal Structure on a Lot, and Enclosure of Existing Open Porch, as published in the Waterloo Courier on January 29, 2007, be received and placed on file. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 124889 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 124890 - Gunderson/Schmitt that "an Ordinance amending Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to Home Occupations, Erection of More Than One Principal Structure on a Lot, and Enclosure of Existing Open Porch", 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. Mayor Hurley stated there is a provision under home occupations that there will be no outside storage of any kind except for licensed and operable vehicles including one semi -tractor but not trailers, and he asked if these changes were patterned after what other cities have'been doing. Don Temeyer, Community Planning & Development Director, responded this came out of the question as to people who drive their trailer tractor home. It is not illegal to park those, so this clarifies they cannot make a parking lot of it, but they can drive their own rig home, and they do.. Councilperson Getty asked if Mr. Temeyer is saying that they can park that semi on their property or on the street. Mr. Temeyer responded either one as long as it is a legal parking spot, and this is occurring now quite a bit. Mayor Hurley stated he thinks our current ordinance keeps them off the street. They can park on their property, but they cannot park on the street. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Getty. Absent: Welper, Greenwood. Motion carried. February 12, 2007 Page 4 Hearings continued 124891 Kincaid/Schmitt that proof of publication of notice of public hearing on request of VJ Engineering on behalf of Menard Inc. to rezone from "R-2" One & Two Family Residence District and "C-2" Commercial District to "C -P" Planned Commercial District approximately 36 acres of property generally located just north of Logan Plaza Shopping Center, going up to Ralston Road and spanning from Highway 63 to East 4th Street to construct a Menards store and lumber yard with approximately 214,000 sq. ft., as published in the Waterloo Courier on January 29, 2007, be received and placed on file. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 124892 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Tom O'Neal, Menard Inc., 4777 Menard Drive, Eau Claire, Wisconsin, stated he was at the meeting on behalf of Menard Inc., which is requesting the rezone. Mr. O'Neal stated they are obviously thrilled to be in Waterloo. Their store on the south side at San Marnan & Hammond area is a fabulous store. That can be demonstrated by the additions, the expansions, and the store actually being rebuilt. Menard would like to put a complementary store on the north side, and they are asking for the council's support. Councilperson Gunderson asked Mr. O'Neal what is Menard's timetable if everything is approved in the next couple weeks, when does Menard hope to start construction. Mr. O'Neal responded the more important thing from their standpoint is figuring out the design elements, but later this year at the very earliest, perhaps as early as 2008 commencement. Kincaid/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 124893 - Kincaid/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 388 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 124894 Gunderson/Kincaid that proof of publication of notice of public hearing on request of MKW Apartments LLC. to rezone from "R-3" Multiple Residence District to "R-4" Multiple Residence District approximately 7 acres generally located along Cataract Avenue and Edgemont Avenue, just south of Ridgeway Avenue and West High School to allow for construction of an additional 22 -unit apartment building, as published in the Waterloo Courier on January 29, 2007, be received and placed on file. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 124895 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Kincaid that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 124896 - Gunderson/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 389 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 124897 - Schmitt/Kincaid that proof of publication of notice of public hearing on request of Iowa Wireless for a site plan amendment to the "S-1" Shopping Center District for property generally located at 351 Fletcher Avenue to allow construction of an 80' monopole cellular tower with equipment on property owned by the Waterloo - Cedar Falls Board of Realtors, as published in the Waterloo Courier on January 29, 2007, be received and placed on file. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 4110 i February 12, 2007 Page 5 Hearings continued 124898 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Kincaid that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Five. Absent: Welper, Greenwood. Motion carried. 124899 - Schmitt/Kincaid that "Resolution approving said site plan amendment", be adopted. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-99. UNFINISHED BUSINESS 124900 - Getty/Gunderson that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $96,872.00 to Paul Christensen Construction of Cedar Falls, Iowa in conjunction with Byrnes & Gates Swimming Pools Bath House Remodel, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-100. 124901 - Getty/Gunderson that communication from City Engineer transmitting recommendation to add Kimball Avenue from Highway 20 bridge to 1200' south, Sycamore Street from E. lst Street to E. Park Avenue and Lafayette Street from E. lat Street to E. Park Avenue and. remove Charles Street from N. Barclay Street to E. 4th Street in conjunction with F.Y. 2007 Asphalt Overlay Program;'Contract No. 719, be received, placed on file and approved. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported that, as with all of our reconstruction overlay projects, the Waste Management Services Department televises all of the sanitary sewers, and the Engineering Department reviews those tapes. Upon reviewing the tapes for Charles Street, the sanitary sewer is in poor condition. Its not like it is ready to collapse or anything, but if the city did do some heavy work over the top with an overlay program it could cause some problems. Mr. Thorson stated it is the Engineering Department's recommendation through this change to council that we take Charles Street out of the overlay program,' and try to add it to a reconstruction project in the future. We haven't figured out exactly when, it will be a few years out at least. Mr. Thorson stated it would be better to wait and reconstruct the street so that the sanitary sewer can be rebuilt. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Welper, Greenwood. Motion carried. DOCUMENTS 124902 - Gunderson/Schmitt that communication from Senior Planner transmitting request of The Rose of Waterloo, L.P. for tax exemptions on improvements totaling $7,389,961.00 for 421 Oak Avenue located 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 Black Hawk County Assessor of same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-101. February 12, 2007 Page 6 Documents continued 124903 - Gunderson/Schmitt that communication from Senior Planner transmitting request of Francis Carney for tax exemptions on improvements totaling $98,000.00 for 212 Randall Street located 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 Black Hawk County Assessor of same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-102. 124904 - Gunderson/Schmitt that communication from Police Chief transmitting application with Iowa Governor's Traffic Safety Bureau for an Alcohol -Impaired Driving Incentive grant in the amount of $45,274.00, with no required local match, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-103. 124905 - Gunderson/Schmitt that communication from Fire Chief transmitting 28E Agreements with East Waterloo Township, Cedar Township and the City of Elk Run Heights to provide. fire and emergency medical response, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-104. 124906 - Cole/Schmitt that communication from Superintendent of Central Garage transmitting 28E Agreement with Black Hawk County Solid Waste Commission to use city's fueling facility, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-105. 124907 - Cole/Schmitt that communication from Senior Planner transmitting Preliminary Plat of Crossroads Estates Replat No. 4, together with staff report, Preliminary Plat, Certificate of Survey and Report of the City Engineer, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-106. 124908 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $96,872.00 with Paul. Christensen Construction of Cedar Falls, Iowa in conjunction with Byrnes & Gates Swimming Pools Bath House Remodel, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson noted that have a completion date of May 31, 2007, and he asked if this is going to be cutting it close to when the city is going to be opening up the pools. Louis Cutwright, Building Official/Maintenance Administrator, responded yes it is. Councilperson Gunderson asked if there is anything in the contract if the contractor doesn't complete the work on time. Mr. Cutwright responded he did not put the penalty clause in the contract. Mr. Cutwright stated that since it is such an important project, the goal is to have direct oversight of that project, be out there and make sure it gets finished on time. Councilperson Gunderson commented he is going back to old history when this contractor was given another contract and it took him forever to get it done. • February 12, 2007 Documents continued Councilperson Gunderson noted he has concerns that the contractor get this job done because this one is definitely going to be one that is in the forefront and he can't be lagging at getting it completed in time. Councilperson Gunderson stated he is hoping that both Mr. Huting and Mr. Cutwright will monitor this closely and if the contractor is not getting his job done in time that we make some other arrangements. Page 7. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-107. 124909 Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $7,594.00 to Kidder Construction of Waterloo, Iowa and to approve Contracts and Certificates of Insurance in conjunction with Fire Training Center Emergency Management Room Remodel, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-108. 124910 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting professional services agreement with VJ Engineering of Cedar Falls, Iowa at a cost of $30,500.00 to prepare design/bid documents for roof replacement for City Hall, Fire Station #3, Fire Station #4, Fire Station #5, Fire Station #6, Annex/Traffic Operations, Central Garage and the Library, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-109. 124911 - Schmitt/Gunderson that communication from Associate Engineer transmitting City -State Agreement with Iowa Department of Transportation for. RISE Funds in the amount of $271,709.00, with local match of $271,709.00, in conjunction with F.X. 2007 Cyclone Drive/Titan Trail, Contract No. 727, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by. Mayor assigned No. 2007-110. 124912 - Schmitt/Gunderson that communication from Associate Engineer transmitting City -State Agreement with Iowa Department of Transportation for federal funds for development of transportation improvements and economic development and land -use planning along the U.S. 63 Corridor from U.S. 218 to Donald Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-111. 124913 - Schmitt/Gunderson that communication from Associate Engineer transmitting agreement with Kucera, International, Inc. at a cost of $72,600.00 for production of a Digital Terrain Model (DTM), be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-112. 124914 Schmitt/Gunderson that communication from Associate Engineer transmitting agreement with Dan Corbin, Inc. at a cost of $12,537.00 for review and quality control of Digital Terrain Model (DTM), be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-113. February 12, 2007 RESOLUTIONS TO BE ADOPTED Page 8 124915 - Kincaid/Schmitt that communication from Senior Planner transmitting request to set date of hearing as February 26, 2007 on vacation, sale and conveyance to NM Development LC for $1.00 a portion of the alley generally located adjacent to Lots 1 thru 5 and Lots 24 thru 25 in Block 1 of North Waterloo Place for the purpose of constructing a Walgreens Pharmacy Store and rescind Ordinance No. 4820 and Resolution No. 2006-545 in their entirety due to error in the legal description, be received, placed on file and "Resolution setting date of hearing as February 26, 2007 at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-114. 124916 - Kincaid/Gunderson that "Resolution setting date of hearing as March 5, 2007 at 5:30 p.m. in the City Hall Council Chambers on FYE 2008 Budget", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley explained the budget process. Back in November instructions were sent out to department heads. The department heads' input came back in through the first or second week of January. There was a continuous process of compiling and analyzing those in the mayor's office and the finance office. Mayor Hurley stated they have arrived at where we are today after the data was collected, clarified and asked and answered questions. Mayor Hurley noted we do a bottom-up style of budgeting, that is where we get democratic and go out to the department heads with instructions and ask them for their input. The other way is to do top down, which would have the mayor come in and suggest to council and say this is going to be our levy and now make it fit. Both have their advantages and drawbacks. Mayor Hurley noted we are used to the bottom-up one and that is what we are doing, this year. Mayor Hurley stated his charge to the department heads in early December, was that his goal is that we would have a measurable lower tax bill for our citizens and businesses. Their instructions in getting to that goal were to maintain their Fiscal Year 07 year-end June 30, 2006 staffing level. There was one exception to no new programs and that was unless they netted revenue. Any fee base program must net positive revenue. Department Heads were instructed to use the three year historical average on each line item as their basis for estimating expenses. If they stepped outside of that they were to provide an explanation. Our rollback was increased slightly. That's bad for revenues but good for taxpayers on the residential side. Commercial and industrial was increased to 100%, which yields us something. Our total tax base did show a little growth, we will release some TIF revenues, we increased out savings account, increased our self-insured insurance reserves. The contribution rate for the 411 pension was lowered, but IPERS employer's contribution increased. The capital improvement plan is about where we have been, maybe a little higher, which won't necessarily have an immediate impact on this year's levy but it will down the line. The casino will be opening up, which is new revenue. Our bargaining unit wages are going up 3 percent by contract. Our health insurance cost we booked initially at 15 percent increase, but they were lower than that but are still a double digit increase. We increased some non -bargaining salaries last year by using $100,000.00, and those carry into this year. We have lost about $1.8 million dollars in tax base due to court stipulations throughout the year. Mayor Hurley stated this year the department heads probably did as a good job he has ever known to keep this to the minimum and followed the instructions and provided explanation and there just wasn't that sense of fluff in their budget askings. They got it, they get it, and they know what's going on. Mayor Hurley stated that the local option tax budget, which is street reconstruction and overlay, is relatively stable. We should be able to do what we want to do, but we'll have to dip into reserves fairly significantly to get it done. The road use tax, which takes care of such things as snow removal, sweeping, some engineering costs and some other costs, is hurting. Mayor Hurley stated he is concerned that we are going to be able to do what we should do without some adjustments in what we do with the road use tax. The Waste Management Fund enterprise for the most part is stable, but; he needs to go back and take a look at that. Mayor Hurley reviewed the General Fund. Mayor Hurley stated our total levy rate for this year is $18.845. If we did everything that staff submitted in their budget and if there were no $8.10 limit, we would have a levy rate of $19.4789, a 3.4 percent increase. But we cannot legally tax at that level so we will have an have an opportunity to find $880,000.00 in cuts. • • • • February 12, 2007 Page 9 Resolutions to be Adopted continued If we get that far just to get legal in our general fund budget, it will represent a very small decrease in residential asking on that proverbial $130,000.00 house, although that base today is $144,000.00, and it would be less than 1 percent increase on commercial and industrial. That is just to get minimally legal, to stay within the $8.10. Mayor Hurley stated he has talked with staff about this already, and we have added revenues and booked increased tax valuation and pretty much everything. Mayor Hurley noted that of the $900,000.00 gap, $750,000.00 was from department heads' input, and he added some things he believes are important for this city and they already built into this budget. Mayor Hurley stated he has 'identified about $813,000.00 but some of those are less likely to get past ;council than others. He weighed them and then came up with $565,000.00 of that gap. Those are such things as going through the line items again like he did last year. That yielded $292,000.00 last year after due consideration of the three year averages and talking with department heads. Mayor Hurley noted that last year we had over a $1 million dollar gap, and there were two years in a row we had a $1.4 million, so its getting a little better. Mayor Hurley stated he could present in detail later a number of items for council's consideration to significantly close the gap and we still have some homework to do because we have to find almost $900,000.00 in order to get legal. Mayor Hurley distributed to the council excel sheets and a book of narratives for each department. Mayor Hurley noted the excel sheet shows the levy rate to be legal is $19.00325, and that based on department heads' requests and things he put into the budget, we are short $878,052.00 or $0.47 over the $8.10 levy that we have to get rid of to reach $19.003. Mayor Hurley reviewed a handout entitled the tax levy limitation, which shows the $870,052.00 gap and distributed a copy of the proposed budget comparison spreadsheet. The assessed values and total taxable values spreadsheet shows 1.89 percent in real growth in residential and.total assessed value. We have a total of 1.86 percent assessed value of all the classes of property, including agricultural. We are up to $3.3 billion and then taxable value total is up just over a percent for a total of $1.952 billion. The real growth without 'Tap is 1.'76 percent. Councilperson Cole stated she thinks she has heard all of this three times before, but they have been larger amounts. Councilperson Cole stated she feels it is really tough to ask intelligent questions when you just get documents placed in your hands so she would reserve questions until she has had a chance to actually look at them. Mayor Hurley stated he would like to schedule a half hour work session next week Monday, February 19, and again on Monday, February 26, and then we will have our budget hearing on March 5. Mayor Hurley stated the best information right now is that the Isle of Capri will open the last weekend in June. The city has an agreement with the Isle of Capri of 1 percent of their adjusted gross revenue, but they gave us an advance on that so its really a half of a percent and based upon their projects that would be $500,000.00. We are being conservative, trying to be prudent, so we put $450,000.00 in income because we don't know when they are going to open, how many customers are going to go through the door. Mayor Hurley noted he has not booked the city host fee because there is a lawsuit in which the City of Waterloo is named that threatens our cable access franchise fee. Mayor Hurley stated he has not booked that because he thinks we need to recognize that threat to our revenue and not strain our . budget by parking that revenue because if we were told in January that we have to cut $300,000.00 or $500,000 it is going to be almost impossible to do without immediately releasing positions, which would be about 20 of them. Councilperson Gunderson asked so what happened a couple of years ago with the $1 million dollars that the Isle of Capri gave us, we put that in and we used it in our general fund and we are not doing that this year. Mayor Hurley responded we don't have it yet. We are putting the $450,000.00 into the general fund. Without it the gap would be $1,350,000.00. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Welper, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-115. February 12, 2007 Page 10 ORAL PRESENTATIONS 124917 Kelvin Scott, 517 Gable Street reported he was before the council a while back, and he was working on the legal sale of and distribution of crack and meth pipes in his community. Mr. Scott stated for the last five years it seems like this problem only came up every six months, that every six months it pops up on the six o'clock news. This year they got a little bit better, they even got a pipe and a brittle on the news, but that is as far as it went. Mr. Scott stated he understands the council already passed a law that should take care of that and its out of their hands now. Mr. Scott stated he feels it is time for our community and some of our community leaders to get up and try to take hold of this problem. This is a small problem, but it is creating big things. Mr;. Scott stated since he was last before the council, he did go back out there and used and he smoked some dope. Mr. Scott stated he is not going to use that for an excuse but we need to stop them from selling crack pipes. That is he reason for going out there and using, but he did and learned a little bit more and kind of like graduated. Mr. Scott stated the sale and distribution of these pipes wasn't stopped, it slowed down. Mr. Scott stated the last time he was before council he was clean and was walking in God's path. He was going His purpose and for some reason he got out of His path and started doing it his way and was lead astray, but a wise man learns from his mistakes. Mr. Scott stated if he did not know any better he would think that the people in the community don't even care anything about this problem. They don't see it, they don't see what is going on. Mr. Scott stated right now this problem is like that of a full moon. Everybody sees .it, its round. You get your pipe right here, you go around the corner, you get your dope. You go on around the corner you go to jail. You leave jail you are going onto treatment. You get out of treatment after a couple of months, and you stop by the store to get your favorite pop and there is a big old pipe right there in your face. Mr. Scott stated his point is that we need to some way go back to the table and come up with some type of solution where we can stop them from selling these crack pipes. The reason that this keeps going on is that they don't have information to convict these guys to keep them from selling these pipes, but he has that. Mr. Scott stated he will come back to the council in the future and will be asking for them to vote on a plan, a solution that will help people. Councilperson Getty stated he would like to mention to the council that tonight the council voted to change an ordinance to allow semi -tractors to park in residential areas. He asked the council to take a strong look at that ordinance before it comes back for the second and third reason because in the middle of winter semis usually run 24 hours a day, and he doesn't think we want that in our residential areas running all night long. Councilperson Getty noted he will be absent for next Monday's vote. Mayor Hurley asked Councilperson Getty to touch base with Noel Anderson or Don Temeyer to see what else is behind that ordinance. Schmitt/Gunderson that the above oral convents be 'received and placed on file. Ayes: Five`: Absent: Welper, Greenwood. Motion carried. ADJOURNMENT 124918 - Gunderson/Cole that the Council adjourn at 6:31 p.m. Ayes: Five. Absent: Welper, Greenwood. Motion carried. Nancy kert, CMC City Clerk • •