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HomeMy WebLinkAboutMinutes-04/06/2009• • April 6, 2009 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, April 6, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member. 128789 Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, April 6, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 128790 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 23, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 128791 - Reggie Schmitt/Steve Schmitt 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 AP642, pp. 1-94, dated April 6, 2009, in the amount of $2,294,524.61, 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. 2009-252. 2. Communication from Police Chief transmitting request of the Easter Seals Camp Sunnyside to hold Pony Express Ride within Black Hawk County on April 10, 2009 beginning at approximately 3:00 p.m. with riders leaving Evansdale along Lafayette Road from the city limits of Evansdale to 6th Street near the Black Hawk County Courthouse then right one block to Mulberry Street to the front entrance of City Hall. Resolution adopted and upon approval by Mayor assigned No. 2009-253. 3. Communication from City Clerk transmitting request of Park Manager of George Wyth State Park for an exception to burning ordinance to burn approximately 10 acres of prairie grass located between Wyth Lake and the main park road during the time period of April - May 2009, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2009-254. 4. Communication from City Clerk transmitting application from the Christian Motorcyclist Association requesting a variance to the Noise Ordinance on June 6, 2009 from 11:00 a.m. to 5:00 p.m. in conjunction with Hallelujah In The Park event to be held at Lincoln Park, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2009-255. 5. Communication from City Clerk transmitting application from Grace Reformed Church, 520 Maxwell Street, for a variance to the Noise Ordinance on June 14 and August 9, 2009 from 8:00 a.m. to 1:00 p.m. in conjunction with Sunday in the Park event to be held at Galloway Park, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2009-256. 6. Communication from City Clerk transmitting application from Cedar Valley Tax Day Coalition requesting a variance to the Noise Ordinance on April 15, 2009 from 6:00 p.m. to 7:30 p.m. in conjunction with Cedar Valley Tax Day Tea Party to be held in the parking lot on the corner of E. 5th Street and Water Street. Resolution adopted and upon approval by Mayor assigned No. 2009-257. April 6, 2009 Page 2 Consent Agenda continued b. Motion to approve the following: 1. Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Joe Jones Jr. to the position of Sewer Maintenance Worker, effective April 7, 2009, subject to passing physical exam. 2 Communication from Community Planning and Development Director transmitting recommendation of appointment of Bill Dixon to the position of Rehabilitation Specialist, effective April 20, 2009. 3. Communication from Mayor Hurley transmitting recommendation of reappointment of the following to the Historic Preservation Commission: Lana Morgan, with term expiration date of April 7, 2011; Ann Olsson, Edward Ottesen, Patrick Berry and Brandon Brockway, with term expiration date of April 7, 2012. 4. Rudy Jones, Community Development Director, to attend Iowa NAHRO Annual Conference in Des Moines, Iowa on April 22-24, 2009, with costs not to exceed $585.00, including use of city vehicle. 5. John Beckman, Police Captain; Bradley Walter, David Bovy and Tom Sullivan, Police Officers; to attend Governor's Highway Traffic Safety Conference in Des Moines, Iowa, on April 14-16, 2009, with costs not to exceed $434.00, including use of city vehicle. 6. Brian Hoelscher, Police Officer, to attend Iowa DPS Criminal Intelligence Course in Johnston, Iowa on April 20 -May 1, 2009, with costs not to exceed $1,303.00, including use of city vehicle. 7. Brian Hoelscher, Police Officer, to attend Firearms Instructor Recert School on June 10, 2009, with costs not to exceed $225.50, including use of city vehicle. 8. Numerous Public Safety Officers to attend LEIN Criminal Intelligence Course in Des Moines, Iowa on April 20 -May 1, 2009, with costs not to exceed $6,100.00. 9. Numerous Public Safety Officers to attend LEIN Criminal Intelligence Course in Des Moines, Iowa on April 6-17, 2009, with costs not to exceed $2,400.00. c. Liquor License Permit Application Class B Hotel/Motel The Isle Casino Hotel Waterloo, 777 Isle of Capri Boulevard (Renewal) (Expires 4/30/10) (Includes Sunday Sales) d. Beer License Permit Application Class B Waterloo Softball Association, Corner of Burton & Josephine (New) (6 months - 4/18/09 - 10/18/09) (Includes Sunday Sales) Skip's Pro Shop, 820 East Donald Street (New) (Expires 4/7/10) (Includes Sunday Sales) e. Beer License Permit Application Class C Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/10) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C Mustang Bar, 1927 Jefferson Street (New) (Expires 7/21/09) (Includes Sunday Sales) A.J.'s Eatery & Spirits, 1415 E. San Marnan Drive (Renewal) (Expires 4/21/10) (Includes Sunday Sales) Edo's Sports Bar, 110 E. 11th Street (Renewal) (Expires 5/7/10) (Includes Sunday Sales) Olive Garden Italian Restaurant, 1315 E. San Marnan Drive (Renewal) (Expires 5/28/10) (Includes Sunday Sales) Screaming Eagle American Bar and Grill, 228 E. 4th Street (Renewal) (Expires 4/20/10) (Includes Sunday Sales) Cafe Bar 10, 1108 Jefferson Street (New) (Expires 3/26/10) (Includes Sunday Sales) • • • • April 6, 2009 Page 3 Consent Agenda continued g. Outdoor Service Area Application Waterloo Softball Association, Corner of Burton & Josephine Skip's Pro Shop, 820 East Donald Street Screaming Eagle American Bar and Grill, 228 E. 4th Street h. Outdoor Cafe Application Screaming Eagle American Bar and Grill, 228 E. 4th Street i. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 128792 - Hart/Greenwood that proof of publication of notice of public hearing on F.Y. 2009 Big Rock Road Bridges Replacement With Box Culverts, Contract No. 739, as published in the Waterloo Courier on March 20, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128793 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Reggie Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 128794 Hart/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Big Rock Road Bridges Replacement With Box Culverts, Contract No. 739", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-258. 128795 - Hart/Greenwood that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-259. 128796 - Hart/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount HelmKamp Construction of Iowa, Ankeny, IA 5% $254,757.04 Iowa Bridge & Culvert, LC, Washington, IA 5% $317,589.67 Peterson Contractors, Inc., Reinbeck, IA 5% $336,039.64 Taylor Construction, Inc., New Vienna, IA 5% $330,117.50 Tschiggfrie Excavating Co., Dubuque, IA 5% $325,883.23 Ayes: Seven. Motion carried. 128797 - Getty/Hart that proof of publication of notice of public hearing on 2009 Right of Way Mowing, as published in the Waterloo Courier on March 20, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128798 - 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: Seven. Motion carried. April 6, 2009 Page 4 Hearings & Bids continued 128799 - Getty/Hart that "Resolution confirming approval of bid documents, specifications, form of contract, etc. in conjunction with 2009 Right of Way Mowing", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-260. 128800 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-261. 128801 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bid Bid Bid Bid Bid Bid Bidder Bond Option A Option B Option C Option D Option E B & B Lawn Care $3,000.00 $44.95 $44.95 $36.50 $46.95 $60.00 Robert C. Hauptly Const. $3,000.00 $39.74 $39,74 $24.74 $34.74 $54.74 Professional Lawn Care $3,000.00 $46.75 $46.75 $37.45 - Ayes: Seven. Motion carried. 128802 - Reggie Schmitt/Greenwood that proof of publication of notice of public hearing on Asbestos Removal for 181 E. 10th Street, 116-118 E. 8th Street, 1218 Sycamore Street, 218-220 and 222- 224 W. 2nd Street, Contract No. 133 -AR -04 -13 -09 -GO, as published in the Waterloo Courier on March 20, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128803 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Reggie Schmitt/Greenwood that the hearing be closed. Ayes: Seven. Motion carried. 128804 - Reggie Schmitt/Greenwood that "Resolution confirming approval of bid documents, specifications, form of contract, etc. in conjunction with Asbestos Removal for 181 E. 10th Street, 116- 118 E. 8th Street, 1218 Sycamore Street, 218-220 and 222-224 W. 2nd Street, Contract No. 133 -AR -04 -13 -09 -GO", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-262. 128805 - Reggie Schmitt/Greenwood that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-263. 128806 - Reggie Schmitt/Greenwood that the date of bid opening be moved to April 20, 2009. Ayes: Seven. Motion carried. • • • • April 6, 2009 Page 5 Hearings & Bids continued 128807 - Welper/Reggie Schmitt to receive, file and instruct City Clerk to open and read bids for the Electronic Document Management System and refer to Police Chief for review: Bidder Bid Amount Aces, Cedar Falls, IA $40,726.00 CEC Technology, Hiawatha, IA $27,204.00 Iowa Business Machines, Inc., Waterloo, IA $23,580.00 Advanced Systems, Inc., Waterloo, IA $20,116.00 Ayes: Seven. Motion carried. HEARINGS 128808 - Steve Schmitt/Greenwood that proof of publication of notice of public hearing on request of Adeline Collins to sell and convey for $117,000.00 property generally located at 313 Monroe Street, as published in the Waterloo Courier on March 27, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128809 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Hart complimented Ethel Washington, Waterloo Housing Authority Director, and stated these homes are a welcome sight to the neighborhood. Steve Schmitt/Greenwood that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 128810 - Steve Schmitt/Greenwood that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-264. 128811 - Steve Schmitt/Greenwood that proof of publication of notice of public hearing on request of Jennifer DeNeui to sell and convey for $117,000.00 property generally located at 319 Monroe Street, as published in the Waterloo Courier on March 27, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128812 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Greenwood that the hearing be closed. Ayes: Seven. Motion carried. 128813 - Steve Schmitt/Greenwood that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-265. April 6, 2009 Page 6 UNFINISHED BUSINESS 128814 Greenwood/Steve Schmitt that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $5,639,821.01 to Aspro, Inc. of Waterloo, Iowa in conjunction with F.X. 2009 Street Reconstruction Program, Contract No. 756, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-266. 128815 - Greenwood/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $621,100.00 to Failor Hurley Construction of Hudson, Iowa in conjunction with Commercial Street Parking Ramp Repair Phase 1 Stairwells, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-267. 128816 - Greenwood/Steve Schmitt that communication from Fire Chief transmitting recommendation of award of contract in the amount of $52,031.80 to C & J Construction of Cedar Falls, Iowa in conjunction with 2008 Haz Mat Fire Training Center 8" Water Main Extension Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-268. 128817 - Greenwood/Steve Schmitt that communication from Fire Chief transmitting warranty cost of $1,049.00 to bid accepted from Inc. of Reinbeck, Iowa, for a total contract of Waterloo Fire Rescue Thermal Imager Project, be request to add an additional Municipal Emergency Services, $75,720.00 in conjunction with received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 128818 - Greenwood/Steve Schmitt 2009-269. that communication from Superintendent of Central Garage transmitting recommendation of award of contract as follows: one 12" skid mounted pump at a cost of $80,545.00 to Star Equipment of Waterloo, Iowa; two 6" trailer mounted pumps to Gierke -Robinson of Waterloo, Iowa; and fourteen 4" trash pumps to Black Hawk Rental of Waterloo, Iowa, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-270. REPORTS 128819 - Cole/Reggie Schmitt that communication from Chief Financial Officer transmitting City of Waterloo Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2008, be received and placed on file. Ayes: Seven. Motion carried. 128820 - Cole/Reggie Schmitt that communication from Community Planning and Development Director transmitting Final Report for the former Construction Machinery Company Property, be received and placed on file. Ayes: Seven. Motion carried. • • • • April 6, 2009 Page 7 DOCUMENTS 128821 - Cole/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $621,100.00 with Failor Hurley Construction of Hudson, Iowa in conjunction with Commercial Street Parking Ramp Repair Phase 1 Stairwells, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-271. 128822 - Cole/Reggie Schmitt that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $5,639,821.01 with Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2009 Street Reconstruction Program, Contract No. 756, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-272. 128823 Cole/Reggie Schmitt that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $57,000.00 with Christone Concrete Inc. of Waterloo, Iowa in conjunction with 2009 Riverfront Stadium First Base Party Deck Replacement, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-273. 128824 Cole/Reggie Schmitt that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $1,123,100.00 with Peters Construction Corp. of Waterloo, Iowa in conjunction with 2009 Riverfront Stadium Locker Room Renovations, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-274. 128825 Cole/Reggie Schmitt that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $63,996.00, plus unit price for additional deck patch at $15.00 per square foot, with Tricon General Construction Inc. of Dubuque, Iowa in conjunction with 2009 Riverfront Stadium Grandstand Structural Repairs, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-275. 128826 - Welper/Hart that communication from Assistant City Attorney transmitting agreement with Joel and Connie Cizek for completion of demolition by July 1, 2009 property located at 1807 Black Hawk Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-276. April 6, 2009 Page 8 Documents continued 128827 Welper/Hart that communication from Director of Cultural and Arts Commission transmitting agreement with Vision Iowa Board for Community Attraction and Tourism Marketing Program grant in the amount of $10,000.00, with 50 percent local match, for advertising and promotion of the Phelps Youth Pavilion, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-277. 128828 - Welper/Hart that communication from Community Development Coordinator transmitting application with Iowa Department of Economic Development for grant in the amount of $21,000.00, with no local match, to purchase one Handheld X -Ray Fluorescence (XRF) Analyzer, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-278. 128829 Steve Schmitt/Greenwood that communication from Police Chief transmitting application with the Office of Community Oriented Policing Services (COPS) for COPS Hiring Recovery Program funding for entry-level salaries and benefits for three years for newly hired full-time sworn officer positions, with no required local match for three years, be received, placed on file and "Resolution approving said application", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated that council knew on Thursday morning when he talked to them that he was nervous about this application. There is a golden apple there, but it turns out its stem is attached to a forbidden tree in a way, and he has become more and more nervous about the temptation. We can always use more men and women in uniform, particularly in the Police Department, and this looked like something that could really help the city and it may. Mayor Hurley noted that Police Chief Jennings' proposal in his letter to council is five, and it says very innocently no required local match for three years. The first year will be absolutely free, the second and third year we would pay any agreed to increases in salary and increases in benefits, and then the fourth year we have the full load. The real hidden cost, at least on the financial ledger side, is we are locked in for four years at minimum at the new sworn approved level. We can't back down. If the Police Department has retirements, and there are a bunch of them eligible this year, we replace those plus keep on these others. In the current fiscal year, we have 114M sworn officers funded by the general fund. During the FY10 budget discussions, we moved one grant funded officer into the general fund putting more pressure on the 8.10 levy. Its just the bird in the hand versus the one in the bush kind of thing. Mayor Hurley stated if we go after five police officers, he feels we would be absolutely throttling future councils and administrations in terms of the budget, and he cannot recommend five new officers to the council. Councilperson Cole stated she understands Mayor Hurley's conundrum on this when we talk about throttling or saddling future councils with incredible costs because by the time we are at year four we are looking at $73,072.00 per officer entirely city funded. That is based on 3 percent salary increases a year, 5 percent health insurance and no change in pension costs. Councilperson Cole stated under normal circumstances she thinks she would have great reservations about this, but as she picks up the Courier she sees a lot of things that are very disturbing. Councilperson Cole stated she thinks one of the council's core mission is to provide safety for our citizens. We are working very hard to renovate urban renewal in our downtown area and to bring people down there, and she thinks it is very important for people who come downtown to feel safe, and the presence of uniformed officers goes a long way towards that. Councilperson Cole stated she will be supporting this and would encourage her collogues to do so as well. Councilperson Cole stated she would support four or five officers as she doesn't think we can do enough at this point because of what is going on. April 6, 2009 Page 9 Documents continued Councilperson Reggie Schmitt stated he would support three, he realizes the need is there for more than five officers, but when this grant money expires the city is suppose to pick up whatever is left, and that year is 2012 and we will be adding $220,000.00 for three officers. The city's normal payroll is every two weeks for total of 26 pay periods in a year. In 2012 there are 27 pay periods, which is an extra $1 million in 2012. If we look at the normal 3 percent increases for union contracts and across the board, we are looking at another $2.4 million. Councilperson Reggie Schmitt stated 2012 is shaping up to be a bad year because all of this is going to be 8.10 money that pays for wages and salaries for city employees, and right now it looks like whoever is sitting here and cracks the books for the first go round for the 2012 budget will be looking at a deficit of about $2.75 million before they even start. Councilperson Welper stated he thinks everyone understands that any decision the council makes tonight is going to affect future councils. Regardless of whose sitting here, public safety has to be the top priority. If you are not doing that then he thinks you would be doing a disservice to that community. Councilperson Welper stated there are going to be some real challenges with this in the future, but we have been there before and there are ways we can cut. They are not going to be popular, but he thinks public safety is the most important thing. Councilperson Welper stated he will be supporting this with the minimum of three officers. Councilperson Steve Schmitt stated he would just like to reiterate what Councilperson Welper said, and he thinks that we have a variety of issues and responsibilities. All of our quality of life things that we are in the process of expanding and making so much nicer for our citizens, but he thinks at the end of the day, public safety is our first priority or it should be our first priority that our citizens feel safe and secure in their homes. Councilperson Steve Schmitt stated he believes in the next three years that either through more efficiencies that we can realize or through continued economic development increasing the tax base that we will have considerably more money. Councilperson Steve Schmitt stated he would support this measure and would support five officers. Councilperson Greenwood stated he ran for office on two different occasions and core to his running his philosophy is public safety is our number one concern in Waterloo. As our city expands and we get our downtown Waterloo Expo grounds going, etc., he hears the Police Chief talk all the time that he needs more people on the streets, so we will figure this out in year four, 2012. Councilperson Greenwood stated he thinks for the near time it will cost the city less money to get the officers on the street now then if we wait, that we try to be more proactive than reactive. Councilperson Greenwood stated he supports this and he would support five officers. Councilperson Hart stated he, and probably the rest of council, get those calls in the middle of the night, whether its senior citizens within our community or people who just want to have safe opportunities to participate in city activities or to just stay in their houses on.a nightly basis. Councilperson Hart stated he thinks about the future in regards to where some of this money is going to come from, but there is an immediate need and just to paraphrase Councilperson Cole there is an immediate need right now to make sure we get some more folks on the street to impact the quality of life. Councilperson Hart stated he will support no less than three, but he is about 95 percent at five needed. Councilperson Hart asked how will this impact overtime because we do put money into the budget for overtime pay, will this have an impact or would there be a savings there if we add five additional officers. Tom Jennings, Police Chief, responded it would affect it somewhat but in the same sense with more officers on the street and more court it could remain the same. Chief Jennings stated he would think the day-to-day number of officers on the street, the number of officers available it would cut back on overtime. Councilperson Hart asked in relation to Councilperson Greenwood's comments about some of the facilities and programming that we have placed with the public market and some of those things is this a specific targeted task force group. Chief Jennings responded yes. Councilperson Hart noted so its not necessarily for the public market but that may release some other officers that do some of those things. Chief Jennings responded yes. Councilperson Getty stated he concurs with other council members, and he supports this 100 percent and for five officers. April 6, 2009 Page 10 Documents continued Mayor Hurley noted that if we do five police officers, the first year is going to be free, but the bottom line is we get down to probably close to $3 million of 8.10 gap that will be facing the council in January of that fourth year budget. Right now that $3 million is over half of the combined Leisure Services, Library and Center For The Arts budgets, and its a third of the Fire Department. Those are the places that council will have to cut the 8.10 because you cannot cut the Police Department or you pay these grants back. Mayor Hurley reminded council members who have been here six years, every year its a gap, and its $1 million or its $1.4 million, and now its going to be huge. Mayor Hurley stated his view of the financial landscape in the next couple of years is, we are just going into our best year in a long time, with the Isle added on and the activities and the construction going on so this is probably our best year in the preceding three to five years, and it may be the best year in the next three to five years. Mayor Hurley stated that to cover $3 million its is going to take $100 million or something of new taxable growth. Mayor Hurley stated five new police officers is strong. Councilperson Hart stated he read through the information from Michelle Weidner and he respects everything that was written in her letter, and it really gives serious consideration to what we need to be thinking about in the future. Councilperson Hart stated it is crucial what is happening out here and not all the solutions come from police. We know we need to work together, all the entities need to come together to make sure that we have safe communities, but there are people being shot two blocks away from where he lives. There are situations that are taking place in the community where people don't even want to build in certain neighborhoods because sometimes they don't feel safe. Not all of it rests on the police protection, but when we are trying to recruit businesses to certain sectors of the community its difficult because of the safety issues. Now the majority of those communities aren't doing anything wrong and there are parts that are. If there was a way that we could start taking a look at that direction, but it is absolutely crucial that we get as much help as we can get as a community on this safety issue. Mayor Hurley stated that the challenge isn't the need for all police officers, we have unanimity in the room on that, absolute unanimity. Its the ability to pay for them down the road, so we have to take financial into place. Councilperson Welper stated the reason he is willing to support three officers at this point is that we have four years to plan for it. We know we are going to have this big bill coming at us, and we can start planning today for what is going to happen four years from now. Mayor Hurley stated we can plan, but what we have to work with in the general fund is very, very, very limited as 75 percent of the costs are people. We are limited in shutting the library down because there is a levy to keep them open. We have record numbers going through the Youth Pavilion and expect that to continue. Mayor Hurley stated we know how difficult it is to cut $800.00 let alone $800,000.00 or multiples of that. Councilperson Greenwood noted the deadline for this application is April 14, 2009 and asked if we need to put together a model of some type of what the funding would look like with one officer, two, three, four, five officers. Getty/Steve Schmitt that above motion be amended stipulating five new police officers. Councilperson Steve Schmitt stated there probably hasn't been anybody as focused on the budget as he, and he is not real interested in spending any more money or locking us into any more money than we need, but we talk about the activity that is going on with the Phelps Youth Pavilion, the activity going on at the Grout and all the things that are going on downtown Waterloo, and we have a Fire Department that has a response time that is second to none. We have all these wonderful things going on, but if people are the least a little bit apprehensive about coming to downtown Waterloo all these things are not going to continue to grow like we want them to. Councilperson Steve Schmitt stated as much as he would hate to lock a future council and a future mayor into this kind of expanded spending, he thinks it is the right thing to do to take advantage of this and spread it out over three or four years. It gives us a fair amount of time to figure out how we are going to pay for it when we get there and have a little faith. Councilperson Steve Schmitt stated he thinks its too good of a opportunity to pass up and that is why he is supporting the five. If we could go to ten, he would go for it, but he is happy with five. • • April 6, 2009 Documents continued Page 11 Mayor Hurley noted that council members have sat here for the last two years struggling to find six dollar figures just to get legal so we could then start putting a budget together. If council goes with five whoever sits here two or three years from now, we are tripling that, and he can't do that. If he had a good solid reason to believe that our tax base was going to grow that fast, he would be right with council. Councilperson Greenwood asked if each of the five additional officers would need a car. Chief Jennings responded no they have the vehicles. Councilperson Greenwood asked if there is any money in the grant for ancillary type of equipment. Chief Jennings responded not in the grant. Councilperson Greenwood stated so this is more for funding wages and Chief Jennings responded yes. Following comments a vote was taken on the above motion with the amendment for five new officers with the following result. Ayes: Four. Nays: Greenwood, Welper, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-279. 128830 - Reggie Schmitt/Welper that communication from Police Chief transmitting three-year agreement with PoliceReports.Us to allow the general public to access Police Department reports via the Internet, be received, placed on file and "Resolution approving said agreement", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty noted that several people called and asked what kind of information is going to be available to the general public by use of the Internet. Tom Jennings, Chief of Police, stated that we are renewing a contract with PoliceReports.Us. Its mainly traffic accidents that they can call in and get a copy of the traffic accident report. The insurance companies use it now and some of the general public. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-280. 128831 - Reggie Schmitt/Welper that communication from Leisure Services Director transmitting Memorandum of Understanding with Iowa Northland Council of Governments at a cost of $3,000.00 for grant writing services for RECAT application with Iowa Department of Economic Development for funding enhancements to the Mark's Park and Amphitheatre Project, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-281. 128832 - Reggie Schmitt/Welper that communication from Leisure Services Director transmitting application with Iowa Department of Economic Development for a RECAT grant in the amount of $185,000.00 for Mark's Place and Amphitheatre Structure, with city match of $10,000.00 and Black Hawk County match of $5,000.00, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-282. April 6, 2009 Page 12 Documents continued 128833 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources in conjunction with F.Y. 2009 Permanent Closure of Black Hawk Creek Railroad Crossing, Contract No. 747, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-283. 128834 Reggie Schmitt/Welper that communication from Associate Engineer transmitting City -State Agreement No. 02-09-STPU-022 for federal STP funds in the amount of $1,413,088.00, with 20 percent local match of $353,272.00, for the F.Y. 2009 West Shaulis Road Extension, STP -U-8155(697)-70-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-284. 128835 Reggie Schmitt/Welper that communication from Associate Engineer transmitting City -State Agreement No. 02 -09 -STPD -021 for federal STP funds in the amount of $1,780,000.00, with 20 percent local match of $445,000.00, for the F.Y. 2009 West Shaulis Road Extension, Contract No. 759, STP -U-8155(696)-70-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-285. 128836 Steve Schmitt/Welper that communication from Associate Engineer transmitting City -State Agreement No. 2008-16-181 for Primary Highway Improvement for funding of the F.Y. 2009 U.S. 63/218 Sidewalk and Median Improvements, Contract No. 757, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-286. 128837 Steve Schmitt/Welper that communication from Associate Engineer transmitting Professional Services Agreement with AECOM of Waterloo, Iowa at a cost of $57,000.00 for review and operation of Dry Run Arch, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-287. 128838 Steve Schmitt/Welper that communication from Assistant City Engineer transmitting Professional Services Agreement with Wayne Claassen Engineering & Surveying, Inc. at a cost of $637,000.00 for construction related services for the F.Y. 2008 West Commercial Street Extension, River Road Relocation and Storm Water Pump Station, Contract No. 720, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-288. • • April 6, 2009 Page 13 Documents continued 128839 - Welper/Reggie Schmitt that communication from Human Resources Director transmitting three-year Collective Bargaining Agreements with Communications Workers of America Local No. 7175; International Association of Firefighters Local No. 66; Municipal Employees Local Union No. 353; Teamsters Local No. 238; and Waterloo Police Protective Association with 3 percent salary increases each year, wellness benefit enhancements and change of monthly health insurance premiums, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor and City Clerk authorized to execute the same. Prior to a vote on the above motion, the following comments were heard. Councilperson Hart stated that in regards to bargaining and thinks one of the questions that had been asked, and this finger at anyone, is employee evaluations. Are we going evaluation on bargaining and non -bargaining employees, evaluations that are tied to the collective bargaining proce have some process in place to be able to measure the success. non -bargaining, he is not pointing the to do some type of or are there some ss. Are we going to Mayor Hurley stated he thinks with the bargaining unit there are not performance evaluations. There are in the Police Department. Mayor Hurley stated they are probably being performed in the bargaining unit portion of our enterprise. Councilperson Hart asked about the non -bargaining. Mayor Hurley responded they are not being done. Cheryl Huddleston, Human Resources Manager, stated there are evaluation criteria for non -bargaining employees and for department heads. Some departments do them and other don't. Mayor Hurley stated the point is that on the non -bargaining side none of the performance appraisals are tied to pay, so we don't have a pay performance plan. Ms. Huddleston responded no we don't. Councilperson Hart asked if we are assessing people, whether its bi-yearly or yearly, consistently across the board for folks. Councilperson Hart stated that when it comes to helping employees do a better job that evaluation will help them. We all need it every now and then. Its a little easier to swallow at 3 percent knowing that folks are being evaluated on some level. Regarding the merit base, it would be nice to see something. Councilperson Hart stated he doesn't know if some language can be added or if its too late to do it, but in the future it would be nice to see some type of consistent evaluation done with the different departments. Mayor Hurley stated that a performance pay plan is something he brought in his first year with the intention of doing. Performance pay plans are good, but we do need to recognize just like global warming there is another side of the story. There is a lot of information out there in the HR world that says they are counterproductive. Mr. Stringer has provided him with a base line approach, and he just needs to pull the trigger, and Councilperson Cole spoke to him about this in public and in private. Councilperson Hart stated its not an aspersion against any particular department because he has seen folks working on Sundays, evenings and around the clock. Mayor Hurley suggested it is a moot point if we hire five police officers because what your going to have, particularly in the general fund, is if your going to have a performance pay plan your going to say alright Mayor the current salaries we are going to allow is 1% percent of that total dollar amount to be used for raises. Then they are meted out to the different departments based upon a performance measurement criteria. You can't give everybody 1% percent, you have to give a minimum of two or three as a way the rules are written, so somebody is not going to get one. Councilperson Hart stated it would be nice to see something, whether it is merit pay, whether it is unmerited or whatever. Just to see something that has been done to help folks provide a greater service than we already provide. Mayor Hurley stated we have some performance reviews and appraisals out there, and he will ask Bob Stringer and Cheryl Huddleston to help him. At minimum, we will start by summarizing what is out there. Mayor Hurley stated he does not want to bring everybody by name to council and go through the appraisal. If we have a sense of how many are done and what yield comes out of them, then we can move on to a performance pay plan if that is where council wishes to go. April 6, 2009 Page 14 Documents continued Councilperson Steve Schmitt asked if Ms. Huddleston said that currently whether reviews are done or not done is basically at the whim of that department head. Ms. Huddleston responded pretty much. The forms are in our shared goodies. They should be done yearly, but they are not always done yearly. Following comments a result. Ayes: Four. Resolution adopted and 128840 - Cole/Greenwood vote was taken on the above motion with the following Nays: Cole, Greenwood, Steve Schmitt. upon approval by Mayor assigned No. 2009-289. that communication from Mayor Tim Hurley transmitting 3 percent salary increase for non -bargaining employees effective July 1, 2009, be received, placed on file and "Resolution approving said salary increase", be adopted. Ayes: Six. Nays: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-290. 128841 Cole/Greenwood that communication from Planner II transmitting request of Laverne Lehman for tax exemptions on improvements totaling $350,000.00 for property located at 1422 Ashland 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-291. 128842 - Cole/Greenwood that communication from Assistant City Attorney transmitting Acknowledgment/Settlement Agreement in the amount of $300.00 with CVS Pharmacy, 2060 Crossroads Boulevard, for sale of tobacco, tobacco products or cigarettes to persons 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-292. 128843 - Cole/Greenwood that communication from Assistant City Attorney transmitting Acknowledgment/Settlement Agreement in the amount of $300.00 with Holiday Stationstore, 1604 LaPorte Road, for sale of tobacco, tobacco products or cigarettes to persons 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-293. 128844 - Cole/Greenwood that communication from Building Official/Maintenance Administrator transmitting agreement with ACCO Unlimited Corporation of Johnston, Iowa, at a cost of $18,728.00 for drain renovations at Byrnes and Gates Swimming Pools, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-294. RESOLUTIONS TO BE ADOPTED 128845 - Cole/Greenwood that communication from Golf Manager transmitting request for $7,200.00 council discretionary hotel/motel tax funds to use to implement the 2009 On Media TV Golf Ad Campaign, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-295. ti r • • April 6, 2009 Page 15 NEW BUSINESS 128846 - Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $600.89 for work performed by the Water Works at 403-405 E. 2nd Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-296. 128847 - Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,300.00 for work performed by the Water Works at 217 Shilliam Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-297. 128848 - Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,038.94 for work performed by the Water Works at 708 West 7th Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-298. 128849 - Getty/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,800.00 for work performed by the Water Works at 141 Newell Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-299. 128850 - Reggie Schmitt/Welper to instruct Airport Director to prepare plans, specifications, form of contract, etc. in conjunction with Runway 18-36 Rehabilitation at the Waterloo Regional Airport, be received, placed on file and approved. Ayes: Seven. Motion carried. 128851 - Reggie Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with Runway 18-36 Rehabilitation at the Waterloo Regional Airport, be received and placed on file. Ayes: Seven. Motion carried. 128852 - Reggie Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-300. 128853 - Reggie Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as April 27, 2009 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-301. April 6, 2009 Page 16 New Business continued 128854 Reggie Schmitt/Welper to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with Center For The Arts 2009 Roof Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 128855 Reggie Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with Center For The Arts 2009 Roof Project, be received and placed on file. Ayes: Seven. Motion carried. 128856 - Reggie Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-302. 128857 - Reggie Schmitt/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as April 27, 2009 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-303. 128858 - Reggie Schmitt/Welper that the council adjourn to Executive Session at 6:55 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2009) . EXECUTIVE SESSION 128859 - Reggie Schmitt/Cole that the council adjourn Executive Session at 7:07 carried. p.m. Ayes: Seven. Motion ADJOURNMENT 128860 - Reggie Schmitt/Welper that the Council adjourn at 7:07 p.m. Ayes: Seven. Motion carried. Nancy ert , CMC City Clerk •