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HomeMy WebLinkAboutMinutes-03/17/2008• • March 17, 2008 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 17, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Getty, Hart, Steve Schmitt, Welper, Reggie Schmitt. Absent: Cole, Greenwood. Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director. 126750 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, March 17, 2008, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126751 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 10, 2008, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. Mike Massina from MidAmerican Energy presented a check in the amount of $20,000.00 for the Trees Please! Program. CONSENT AGENDA 126752 - Reggie Schmitt/Welper that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-77, dated March 17, 2008, in the amount of $2,419,371.61, 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. 2008-189. 2. Communication from City Clerk transmitting request of Grace Reformed Church, 520 Maxwell Street, for a variance to the Noise Ordinance on June 15 and August 10, 2008 form 8:00 a.m. - 2:00 p.m. in conjunction with an outdoor neighborhood -wide worship service and picnic at Galloway Park, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-190. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of Bonetta Culp to the Civil Service Commission, with term expiration date of April 1, 2012. 2. Communication from Mayor Hurley transmitting recommendation of appointment of Noel Anderson to the position of Community Planning and Development Director, effective March 31, 2008. 3. Communication from Mayor Hurley transmitting recommendation of Community Planning and Development Director to appoint Aric Schroeder to the position of City Planner, effective March 31, 2008. 4. Maureen Newbill, Visitor Services Manager, to travel to Marion, Iowa City and Kalona, Iowa and Kansas City, Missouri on March 13-15, 2008, with costs not to exceed $240.00, including use of city vehicle. 5. Mark Boesen, Manager of Rehabilitation Services, to attend IAHO Spring Conference in Waterloo, Iowa on April 2-4, 2008, with costs not to exceed $250.00, including use of city vehicle. 6. Steve Bose, John Heuer, Greg Kemp, Darin Rulapaugh, Matt Wertz and Joe Zubak, Police Officers, to attend Field Training Officer Certification Course in Waterloo, Iowa on April 7-11, 2008, with costs not to exceed $2,100.00. March 17, 2008 Page 2 Consent Agenda continued c. Beer License Permit Class B Iry Warren Memorial Golf Course, 1000 Fletcher Avenue (Renewal) (Expires 3/31/09) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Babes Tap, 210 Division Street (Renewal) (Expires 3/14/09) (Includes Sunday Sales) e. Liquor License Permit Application Class B The Isle Casino & Hotel at Waterloo, 777 Isle of Capri Boulevard (Renewal) (Expires 4/30/09) (Includes Sunday Sales) f. Outdoor Service Area Application Iry Warren Memorial Golf Course, 1000 Fletcher Avenue g. Bonds. Ayes: Five. Absent: Cole, Greenwood. Motion carried. HEARINGS & BIDS 126753 - Getty/Hart that proof of publication of notice of public hearing on Purchase of One 4 -Wheel Drive Truck and Service Body, as published in the Waterloo Courier on February 27, 2008, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126754 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126755 - Getty/Hart that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One 4 -Wheel Drive Truck and Service Body", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-191. 126756 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-192. 126757 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Bid Amount Witham Auto Center, Waterloo, IA $31,868.00 Bill Colwell Ford, Hudson, IA $33,959.00 Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126758 Getty/Hart that proof of publication of notice of public hearing on Purchase of Two 4 -Wheel Drive Pickup Trucks, as published in the Waterloo Courier on February 29, 2008, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. • • March 17, 2008 Page 3 Hearings & Bids continued 126759 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126760 - Getty/Hart that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Two 4 -Wheel Drive Pickup Trucks", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-193. 126761 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-194. 126762 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Price Per Truck Price Total Community Motors, Cedar Falls, IA $26,095.00 $52,190.00 Ayes: Five. Absent: Cole, Greenwood. Motion carried. HEARINGS 126763 - Steve Schmitt/Welper that proof of publication of notice of public hearing on Issuance of Variable/Fixed Rate Note in the principal amount not to exceed $2,970,000.00 under the Contract for Loan Guarantee Assistance dated September 19, 2006 with the U.S. Department of Housing and Urban Redevelopment to finance the Riverwalk reconstruction portion of the Cedar River Dam to be repaid using Black Hawk County Solid Waste distributions, as published in the Waterloo Courier on March 7, 2008, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126764 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126765 - Steve Schmitt/Welper that "Resolution instituting proceedings to take additional action and authorizing issuance of said note", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-195. 126766 - Welper/Reggie Schmitt that proof of publication of notice of public hearing on vacation of alleys generally located between W. 3rd Street and W. Park Avenue and between Commercial Street and Washington Street for the development of the Waterloo Riverloop Expo, as published in the Waterloo Courier on March 7, 2008, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. March 17, 2008 Hearings continued 126767 - This being the time and place of public hearing, and oral objections and there were none. Page 4 the Mayor called for written Welper/Reggie Schmitt that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126768 - Welper/Reggie Schmitt that "an Ordinance vacating the alleys generally located between W. 3rd Street and W. Park Avenue and between Commercial Street and Washington Street", 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 noted that council is just vacating the alleys, the city owns the property before the vacation and will still own the property after the vacation. Don Temeyer, Community Planning & Development Director, explained there are existing alleys in this area which is being developed for the Exposition area and by vacating the alleys, the public will not be allowed to drive down the middle of the Exposition area. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126769 - Reggie Schmitt/Welper that proof of publication of notice of public hearing on request of Grainger, Inc. on behalf of Leondorf LLC for a site plan amendment to the "B -P" Business Park District for construction of a 40,000 sq. ft. office building with a 20,000 sq. ft. future addition on property generally located at the southeasterly corner of Ansborough Avenue and San Marnan Drive in the Country Club Business Center Second Addition, as published in the Waterloo Courier on March 7, 2008, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126770 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Reggie Schmitt/Welper that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126771 - Reggie Schmitt/Welper that "Resolution approving said site plan amendment", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-196. 126772 Hart/Steve Schmitt that proof of publication of notice of public hearing on Logan Avenue Urban Renewal and Redevelopment Plan Amendment No. 1 to include the area along U.S. 63 from Donald Street to the Cedar River, as published in the Waterloo Courier on February 27, 2008, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126773 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Lawrence Wheeler, 433 Bratnober, reported he is somewhat opposed to having all of these houses torn down. Mr. Wheeler noted there is property he is trying to sell, and there is one particular house that he wanted to see about buying. If the city is going to tear down the neighborhood, he might need to see about getting an injunction because there is a house located at 616 Logan Avenue that his mother grew up in as a teenager, and he was hoping to try to save that house and keep it from being torn down. • • • • March 17, 2008 Page 5 Hearings continued Mr. Wheeler noted he has not talked to the property owner about buying the house, but if the city is going to tear that down he would like to know because he thinks it would save the city a lot of money if he were to purchase the home and move it. Mr. Wheeler noted the house is located south of Donald Street between the Salvation Army right off Donald Street. Don Temeyer, Community Planning and Development Director, responded that property will not be impacted at all. The purpose of this plan is not to do an urban renewal plan like in the old days when large blocks of property were cleared out. This is to encourage infill development and to take the vacant lots that are already out in those neighborhoods. There are some 400 vacant lots to encourage people to redevelop and build new housing in that area. Its not to take out the old housing. The city wants to encourage rehabilitation of the neighborhoods and redevelopment. There will be spot removal as we work on redevelopment of the Walnut Court neighborhood, as we work on the Longfellow school neighborhood depending on what happens with that school and also the Logan Plaza area, but that is all retail development. Mr. Wheeler noted he wants to be on record so if that house does get torn down or the city wants it removed, he would like to be notified. Mr. Temeyer noted that separate from this is the U.S. 63 project that because its going to be widened, there will be houses as part of the U.S. 63 project over the next five to seven years. That project will cost some $30 million dollars, we have $15 million of it on hand from federal and state funding. There will be acquisition in the northern part of the project that the city will be working to save all those houses to move them to the vacant lots so that there is not a loss of housing in the area. Jerry Shatzer, 1829 W. 7th Street, commented he doesn't think the city realizes how serious it is getting out there. Morgan -Stanley sold for $50.00 two weeks ago and it was sold today for $2.00 to another banking company. If your hedge fund, you didn't do too bad but if you owned the stock you got $2.00. Mr. Shatzer stated the only reason he is bringing that up now is the city better start looking at how its spending money because he will be darned if he is going to sit here and bail out the city with higher property taxes because the city got caught. Hart/Steve Schmitt that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126774 - Hart/Steve Schmitt that "Resolution adopting said Amendment No. 1 to the Plan", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-197. 126775 Hart/Steve Schmitt that "an Ordinance amending the Logan Avenue Urban Renewal and Redevelopment Plan Amendment No. 1 to include the area along U.S. 63 from Donald Street to the Cedar River", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Cole, Greenwood. Motion carried. UNFINISHED BUSINESS 126776 Getty/Hart that communication from recommendation of award of Center of Waterloo, Iowa Pickup With Snowplow, be award of said contract", be Resolution adopted and upon Superintendent of Central Garage transmitting contract in the amount of $32,517.00 to Witham Auto in conjunction with Purchase of One 4 -Wheel Drive received, placed on file and "Resolution approving adopted. Ayes: Five. Absent: Cole, Greenwood. approval by Mayor assigned No. 2008-198. March 17, 2008 PETITIONS FROM PUBLIC Page 6 126777 Getty/Hart that communication from Senior Planner transmitting request of Benton's Ready Mix Concrete to rezone from "A-1" Agricultural District to "M-1" Light industrial District approximately 6.85 acres generally located on the west side of Bishop Avenue between Independence Avenue and MLK Jr. Drive to allow for the establishment of a portable ready mix concrete plant, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 7, 2008, 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: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-199. DOCUMENTS 126778 - Reggie Schmitt/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of $73,674.00 for work performed by Failor-Hurley Construction of Hudson, Iowa in conjunction with 2007 Window Replacement at Waterloo Public Library, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Louis Cutwright, Building Official/Maintenance Administrator, explained that the change order is for additional work, and the decision was made to move forward with the existing contractor. The architect for the original project put together plans for a reading/computer room at the public library, and in order to do that we also had to increase the cooling and electrical in that area. This change order was put through so that the present contractor could stay and complete the work in a timely manner. Mayor Hurley noted that this part of the project is being funded with a grant the library received from Black Hawk Gaming and some bond funds. Mr. Cutwright noted the original window project did not overrun, we just added additional work. Following comments a vote was taken on the original motion with the following result. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126779 Reggie Schmitt/Steve Schmitt that communication from City Planner transmitting Change Order No. 1 for a net increase in the amount of $23,943.00 for work to be performed by Howard R. Green Company of Cedar Rapids, Iowa in conjunction with Phase I - Demolition of Former Chamberlain Manufacturing Property, 550 Esther Street, Contract No. 741, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, explained that we doubled the size of the contract through a change order, so we will need an engineer on the job to continue to watch this project because they are the ones responsible to make sure it is done properly. The second change order (item 12) is because asbestos was found that wasn't on the inventory we had the contractor bid on so we have to pay him a unit price to actually remove the asbestos. Mr. Getty asked at our agenda meeting if someone should be responsible for that, but it was not the contractor who missed that, it was the asbestos inspector so we are pursuing that but we need to have the asbestos removed so we can pursue demolition. Mayor Hurley asked if either item 11 or 12 are driven on the fact that our original bid was low enough that it allowed us to do more buildings. Mr. Temeyer responded yes on both items. The first change order is because we are doing more buildings. The second change order is because when we went to the second building that is when we found the asbestos. Expansion of the project is what caused the second change order, but that one was a mistake by the original asbestos inspector. • • March 17, 2008 • • Page 7 Documents continued Councilperson Hart asked who was the inspector from the original assessment of the asbestos. Mr. Temeyer responded he couldn't answer that tonight as Planning does quite a few of the asbestos survey contracts. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126780 Reggie Schmitt/Steve Schmitt that communication from City Planner transmitting Change Order No. 3 for a net increase in the amount of $18,961.20 for work to be performed by D.W. Zinser Company of Walford, Iowa in conjunction with Phase I Demolition of Former Chamberlain Manufacturing Property, 550 Esther Street, Contract No. 741, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126781 Welper/Reggie Schmitt that communication from City Planner transmitting Preliminary Plat of Klingaman Park Fourth Addition, together with staff report, aerial photo and report of the City Engineer, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-200. 126782 - Welper/Reggie Schmitt that communication from City Planner transmitting Final Plat of Country Club Business Center Second Addition, together with staff report, aerial photo and report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-201. 126783 Welper/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting Settlement Agreement in the amount of $9,440.92 with Pries Roofing of LaPorte City, Iowa for water damage in conjunction with FY 2007 Roof Repair Program, Contract No. 731, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. 1 Ayes: Five. Absent: Cole, Greenwood. 1 Resolution adopted and upon approval by Mayor assigned No. 2008-202. 126784 - Steve Schmitt/Welper that communication from Associate Engineer transmitting Notice of Discontinuation of a Storm Water Discharge covered under Iowa NPDES General Permit No. 2 with Iowa Department of Natural Resources in conjunction with F.Y. 2006 U.S. 20/Ansborough Avenue Interchange Project, Contract No. 667, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-203. 126785 - Steve Schmitt/Welper that communication from Airport Director transmitting Engineering Agreement with Earth Tech Engineering of Waterloo, Iowa, at a cost of $154,000.00, with city cost of $7,700.00, for an Airport Master Plan Update at the Waterloo Regional Airport, be received, placed on file and "Resolution approving said engineering agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-204. March 17, 2008 Documents continued Page 8 126786 - Steve Schmitt/Welper that communication from Contracts and Grants Coordinator transmitting contract in the amount of $120,000.00 with D.W. Zinser Co. Inc of Walford, Iowa in conjunction with General Obligation Bond Demolition Project, 93 and 97 Vinton, 156 -D -GO -03-03-08, be received, placed on file and "Resolution approving award of said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-205. 126787 - Hart/Reggie Schmitt that communication from Superintendent of Traffic Operations transmitting application with Iowa Department of Transportation for Traffic Safety grant in the amount of $375,000.00 for improvements to the intersection of US 63 (Sergeant Road) and Ridgeway Avenue, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-206. 126788 Hart/Reggie Schmitt that communication from City Planner transmitting Development Agreement with W.W. Grainger, Inc. to develop a 40,000 sq. ft. professional office building, with a new minimum taxable value of $5 million, with 100 percent tax rebates for six years and 49 percent on the seventh year, on 7.18 acres of property generally located along Fisher Drive in the Country Club Business District, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-207. 126789 Hart/Reggie Schmitt that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with Metro 66, 3201 West 4th Street, for selling tobacco, tobacco products or cigarettes to any person under 18 years of age, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-208. 126790 - Getty/Welper that communication from City Planner transmitting Development Agreement and Parking Ramp User Agreement with HQAA-JSA, LLC for redevelopment of the former Walker Shoes Building located at 112-116 East 4th Streets for the Healthcare Quality Association on Accreditation professional office building, with a new minimum taxable value of $718,000.00, creation of 40 jobs and 100 percent tax rebates for ten years, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-209. RESOLUTIONS TO BE ADOPTED 126791 Getty/Welper that "Resolution naming private street generally located off of public Edgemont Avenue, north of Park Lane to serve a proposed 3-plex development as Edgemont Avenue", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-210. • • March 17, 2008 NEW BUSINESS 4110 Page 9 126792 - Getty/Reggie Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Public Market Building, Contract No. 738, be received, placed on file and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126793 - Getty/Reggie Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Public Market Building, Contract No. 738, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126794 Getty/Reggie Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-211. 126795 - Getty/Reggie Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as April 14, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-212. ORAL PRESENTATIONS 126796 Lawrence Wheeler, 433 Bratnober, commented that there has been previous discussion on fireworks at the baseball stadium, and he is opposed to the fireworks. Before they discharge those fireworks, he would like the fire department do an investigation because what is going on is that between the baseball stadium and Conger is a group of trees, a rail spur, some open green space and then Conger Street. The thing he is concerned about is the discharge of fireworks at the baseball stadium, and there is supposedly some Styx rock and roll concert that will be held at that stadium. If they discharge fireworks as part of their performance, he is concerned with fire danger from those black rail cars that are on the back side of the trees that are adjacent to the stadium. If they were to discharge fireworks, he would like to see about having those removed so there will be no public hazard. The rail car company that owns those cars has the symbols GAPX. They are black and white, and he has reason to believe that they may be either some kind of solvent or paint chemical used by John Deere because that spur feeds into that property. Mr. Wheeler commented that in the budget the city ended up buying golf turf equipment out of the general fund. Mr. Wheeler commented he does not golf and he doesn't think golfers should pick up the tab for any of the golf cart maintenance or greens, but the greens maintenance needs to come out of the fees from the golfers. Mr. Wheeler commented that Leisure Services did not break even on the proceeds to run the golf courses, and he would like to see the golf courses make some additional revenue, put up some billboards on the property and sell advertising for golf related products and services. In answer to a question from Mayor Hurley as to how close the golf budget is to breaking even, Paul Huting, Leisure Services Director, responded that its close, golfers support it for the most part Mayor Hurley noted he will talk with Fire Chief Carter regarding the fireworks display, and that to his knowledge the Bucks did not request any fireworks permit for the Styx concert. Jerry Shatzer, 1829 W. 7th Street, commented that he watched the budget hearing last week and afterwards it was said that the city would have to increase property taxes, and what he saw was a lot of posturing and melodrama going on, but that is something the city is going to have trouble with in the future. Mr. Shatzer noted he receives "The Watchdog" and it is very non -bias material of what is going on in Iowa, and for some reason city governments always follow the state. According to "The Watchdog", Iowa is ranked 27th in the economic outlook rank and is ranked 45th in the economic performance rank. March 17, 2008 Page 10 Oral Presentations continued Mr. Shatzer commented what he finds interesting about the 27th economic outlook rank is he has a son who lives in South Dakota and is management of a Canadian holding company in South Dakota. They have similar things like our Omega here, and when he heard Omega was laying off 40 people, he called his son and his son said they were hiring 40, and the question is why. He lives in Crook, South Dakota, which is 10 miles from Sioux Falls, South Dakota. The homes start at around $165,000, and in that town, there is just a little tavern. Mr. Shatzer commented that he asked his son how many people lived in that town when he moved there, and his son said it was about 800 and right now its about 1,250, and they only have room for another 150 people. Mr. Shatzer stated it isn't the attraction of an art or a convention center, its money. The common folk are going to go where they can make the most money. Mr. Shatzer noted that "The Watchdog" lists 16 factors that influence the economic outlook rank, and that on the property tax burden, he feels the city fails, and public employees per 10,000 residents which he feels Iowa fails because they are the fifth highest. Mr. Shatzer submitted his copy of "The Watchdog" for council to review. Mayor Hurley commented that we get those kind of numbers regularly from our economic development folks. The Waterloo -Cedar Falls metro area of all of the cities in the United States under 200,000 was number six in the nation in terms of economic development and economic investment, and the number one tri-state area under 200,000 was South Dakota, Nebraska and Sioux City, Iowa area. Mayor Hurley commented that in terms of the quality of life components, he thinks he could go to any of the'companies that have invested in this community in the last four or five years: Ferguson Enterprises, VGM, CBE. In terms of expanding their jobs, those people that are pouring money into our downtown, and each and every one of them would say that it was because of our quality of life amenities. Getty/Reggie Schmitt that the above oral comments be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126797 Reggie Schmitt/Welper that the council adjourn to Executive Session at 6:28 p.m. Ayes: Five. Absent: Cole, Greenwood. Motion carried. Assistant City Attorney Dave Zellhoefer stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1)(j)(2007). EXECUTIVE SESSION 126798 - Reggie Schmitt/Welper that the council adjourn Executive Session at 7:03 p.m. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 126799 - Reggie Schmitt/Welper that the community Planning and Development Director be authorized to proceed. Ayes: Five. Absent: Cole, Greenwood. Motion carried. ADJOURNMENT 126800 - Reggie Schmitt/Steve Schmitt that the Council adjourn at 7:03 p.m. Ayes: Five. Absent: Cole, Greenwood. Motion carried. • Nancy E kert, CMC City Clerk •