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HomeMy WebLinkAboutMinutes-04/13/2009April 13, 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 13, 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: Jim Walsh, City Attorney. 128861 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, April 13, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 128862 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 6, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring April 12-18, 2009 as National Community Development Week. Mayor Hurley read a Proclamation declaring April 19 - 26, 2009 as Days of Remembrance in memory of victims of the Holocaust and to honor survivors, rescuers and liberators. CONSENT AGENDA 128863 - 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. 1-93, dated April 13, 2009, in the amount of $3,468,272.89, 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. 2009-304. 2. Communication from City Clerk transmitting request of Spicoli's Grill, 3555 University Avenue, for a variance to the Noise Ordinance on May 22, 23 and 24, 2009 in conjunction with a band playing in their beer garden, together with recommendation of Police Chief to approve from 4:00 p.m. to 8:00 p.m. on May 22, from 4:00 p.m. to 11:00 p.m. on May 23 and May 24, 2009. Resolution adopted and upon approval by Mayor assigned No. 2009-305. 3. Communication from City Clerk transmitting request of Cedar Valley Soccer Association for an exception to the burning ordinance to burn prairie grass located along Ridgeway Avenue between DeWitt Road and Black Hawk Creek on April 13-30, 2009, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2009-306. 4. Communication from Police Chief transmitting request of Screaming Eagle American Bar and Grill to close a portion of Lafayette Street between 4th & 5th Streets on Thursday nights from 5:30 p.m. - 10:00 p.m. starting May 7, 2009 and ending October 1, 2009. Resolution adopted and upon approval by Mayor assigned No. 2009-307. April 13, 2009 Consent Agenda continued b. Motion -to approve the following: Page 2 1. Kent Shankle, Curator; and Heather Robinson, Temporary Assistant; to travel to Milwaukee, Wisconsin; Nashville, Tennessee; Washington, DC; and New York, New York; on April 10-20, 2009, to collect/transport artwork, with costs not to exceed $2,600.00, including use of city vehicle. 2. Tim Pillack and John Beckman, Police Captains, to attend FBI National Academy Associates Training Conference in Davenport, Iowa on April 22-24, 2009, with costs not to exceed $466.00, including use of city vehicle. 3. Chris Western, Planner II, to attend Region 7 Brownfields Regional Forum in Kansas City, Kansas on May 4-7, 2009, with costs not to exceed $665.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Half Pint Saloon, 1831 Independence Avenue (Renewal) •(Expires 4/18/10) (Includes Sunday Sales) Hickory House, 315 Park Road (Renewal) (Expires 5/23/10) Jet Lounge, 451-453 W. Parker Street (Renewal) (Expires 4/14/10) (Includes Sunday Sales) d. Liquor License Permit Application Class A Amvets Home Inc., 32 Lafayette (Renewal) (Expires 5/13/10) (Includes Sunday Sales) The Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/13/10) (Includes Sunday Sales) e. Outdoor Service Area Application Half Pint Saloon, 1831 Independence Avenue Amvets Home Inc., 32 Lafayette Jet Lounge, 451-453 W. Parker Street The Sunnyside Country Club, 1600 Olympic Drive f. Fireworks Display Application VGM Group, Inc., 1111 W. San Marnan Drive on June 8, 2009 g. Bonds. h. Motion to deny the following upon recommendation of Police Chief: Beer/Liquor License Permit Application Class C Pharroh's, 1607 Sycamore Street (Renewal) (Expires 11/13/09) (Includes Sunday Sales) Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt stated he received calls regarding the request of Screaming Eagle American Bar and Grill to close a portion of Lafayette Street between 4th & 5th Streets, and he asked if the neighbors in the parking lot have been involved in this process. Mayor Hurley stated he has been told that Ivan Wieland has discussed this event with everybody on the block and across the block. Ivan Wieland, owner of Screaming Eagle American Bar and Grill, stated he received written permission from building owners within 200 feet in all directions, and the City Clerk has those. Mr. Wieland noted that there was absolutely no opposition. Following comments a vote was taken on the above motion with the following result. Ayes: Seven, with Councilperson Hart voting nay on Item h and Councilperson Cole abstaining on Item f because she is an employee of VGM Group. Motion carried. • • April 13, 2009 Page 3 UNFINISHED BUSINESS 128864 - Getty/Cole that communication award of contract Waterloo, Iowa in and Trail Repairs, approving award of from Assistant City Engineer transmitting recommendation of in the amount of $45,747.60 to B&B Builders and Supply of conjunction with F.Y. 2009 Sidewalk Repair Program - Zone 9 Contract No. 752, be received, placed on file and "Resolution said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-308. 128865 - Cole/Steve Schmitt that "Resolution to override mayoral veto of Resolution No. 2009-279 and to repass a resolution to approve 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 five newly hired full-time sworn officer positions, with no required local match for three years", be adopted. Prior to a vote on the above motion, the following comments were heard. Sergeant Randy Chapman, President of Waterloo Police Protective Association, stated he was speaking as a long-time taxpaying citizen of Waterloo, a veteran Police Officer and President of the WPPA. The WPPA supports Chief Jennings' request to apply for five additional officers. Sergeant Chapman noted that the council and mayor received a letter from him earlier today. Sergeant Chapman stated as a police officer and a taxpayer, he is convinced that this is the right thing to do for Waterloo and the right time to do it. Several years of his career was spent working with the neighborhood associations. He met with many members of these neighborhoods and listened as they asked for more police officers. He doesn't remember any time since he has been with the City of Waterloo that public safety wasn't a citizen priority. Sergeant Chapman stated he was at last week's council meeting when the council voted four to three in favor of the request and to have it later vetoed by the mayor. Sergeant Chapman stated a letter was mentioned at that council meeting that was given to the council by the Chief Financial Officer, and he requested a copy of the letter. The letter was dated April 6, 2009 and in part it said we have reduced the number of police officer staff in the past when other options for balancing the general fund budget were limited. The same letter talks about an 18 percent fund balance and the need to get that level to 25 percent. Sergeant Chapman stated he truly believes this is in contrary to what the citizens of Waterloo expect right now or deserve. Sergeant Chapman stated he recently spoke to a retired lieutenant from the Waterloo Police Department. The lieutenant recalled the days when the downtown was a busy, active area. Then little by little crime moved in. The police did not have the staffing to be as proactive as they would have liked to be and businesses started to leave. The perception was that it was not safe to go downtown at night. A few years ago, maybe even longer, businesses started coming back and there was development going on. The problem lies in the fact that the Police Department lacks the manpower to properly and proactively police this area. As he has stated in a few letters he wrote to the mayor and council, he has been saying that we need to get police presence in the downtown area right now. We clearly have the cart ahead of the horse as all we need is one preventable bad event and we will take a giant step backwards. We also have other areas within the city that need undivided police attention a program like this can offer. Calls for service in these areas are off the chart and the quality of life is adversely affected. The citizens living in those neighborhoods deserve what this funding can offer. Sergeant Chapman stated he understands the concern about the future money involved, but if you take the total amount and amortize it over four years it comes to a little more than $100,000.00 a year for five officers each year. Sergeant Chapman pointed out that the FYE 08 budget presentation posted on the cities website predicted an 8.18 decrease in Fire/Police contribution, together with fewer positions gave a decrease of $87,554.00. The FYE 09 predicted a decrease of 26.41 percent and a decrease of $728,015.00. The Waterloo Police Department has conservatively returned to the general fund $100,000.00 a year for the last three years or more from its budget. How about we think positively and believe that in the next four years the economy will have leveled out and improved. The businesses will continue to grow not only in the downtown but in the rest of the Cedar Valley. Then we will not only be able to retain the five officers but to be looking to hire more. The bottom line is if you are willing to spend the money to attract new business, new home owners and visitors, you must be willing to spend the money to do everything in your power to keep it all safe. The safety of citizens is the core mission as one councilperson pointed out last week. Police officers take an oath to serve and protect the citizens of Waterloo. April 13, 2009 Page 4 Unfinished Business continued They expect and deserve this from their officers. Council members are elected by the same citizens and charged with the highest duty and obligation to see that we have the resources to carry out this oath. We have been working short for too long and have gone from proactive to reactive. In the end, the taxpayers will end up paying for the federal stimulus plan. Why would anyone deny the citizens of Waterloo an opportunity to use some of this money to enhance public safety and quality of their life. Sergeant Chapman urged each and every council member to vote to overturn the Mayor's veto and proceed with the request for five officers. Councilperson Steve Schmitt read a letter from him dated April 13, 2009. As an elected official at the council level, he feels the number one priority and concern has to be public safety and helping to provide a safe environment for citizens to work, live and raise a family. He believes the city needs to take advantage of this opportunity to hire five new police officers and stated the following reasons: 1) It is a sign of the times that crime is on the rise. Recent Courier articles have covered armed robberies and citizens being attacked in their homes. We have to put more officers on the streets to protect our citizens, as we were elected to do. 2) Our existing police force is overworked keeping up with the demands for assistance. Mayor Hurley in his e-mail to council listed the fact that arrests are up, calls for service are through the roof. This will lead to burnout and possible injuries to our excellent police force. Five additional officers will help alleviate this. 3) By putting five more officers on the street, this will reduce crime before it happens. It will allow us to be more visible, so crime will go down. This is being proactive rather than reactive. 4) With five additional police officers, it will allow us to improve public safety and to respond to calls much quicker. 5) If we don't act now, crime will increase and we will be putting our citizens at risk. 6) Adding five additional officers will reduce overtime in general. 7) By adding five new officers now, we will be positioning ourselves for a much stronger force in the future. 8) By taking advantage of the COPS grant, it will save local tax dollars by using federal funds, which are our tax dollars, to pay for roughly 75 percent of the new officers. Some may say we can't afford this, but in his opinion we simply cannot afford not to. He appreciates all the time and effort Ms. Weidner and her staff spent putting the information together regarding which departments are included in the 8.10 levy and how much money was left in their individual balances. However, he is not interested in using money from one department to subsidize another. He is not interested in pitting departments against each other and he is not interested in discussing how putting five more police officers on the streets is going to result in closing a fire station or limiting the hours for the library or the Center For The Arts. Councilperson Steve Schmitt proposed that the city use 40 percent of the current $252,000.00 overtime in the budget for the police department to pay for the five new officers. Councilperson Steve Schmitt stated that the cost to hire five new officers with 8.10 money is $1,461.440.00, and the tax savings to the citizens of Waterloo is $1,061,225.00. The city would get additional value for their tax dollars as our current overtime is at a rate of time and a half, so we are paying $60.00 per hour for overtime versus $40.00 per hour regular time, and we would be paying entry level wages rather than the higher wages we pay our current officers. For every $100,000.00 in overtime, we get 1,667 man hours. With $100,000.00 of straight time, we get 2,500 man hours. The city would gain 833 man hours per year or a total of 3,332 man hours over the four years. Councilperson Steve Schmitt summarized that the city would get $1,061,225.00 in federal tax money, plus we have police officers on the streets and additional 3,332 man hours, and that seems like a win-win to him. Councilperson Steve Schmitt stated that one of Mayor Hurley's concern was that with the grant the federal government would have control of our employees. Councilperson Steve Schmitt noted that the city is always looking for grants that require local match and we take it happily. Councilperson Steve Schmitt stated that he feels the grant is a great opportunity, he would like ten officers but five officers is the right thing to do. Mayor Hurley stated he would like all the officers we can get. His whole point in the veto was could we afford it, do we need them, not want them but do we need them and then face the tough choices. Mayor Hurley noted that when he and council went through the department budgets, he kept a running tab and shared it with them as they went through each of the departments. When we went through the police department how we adjusted their budget from their asking this year, and we made $182,415.00 in cuts to their 8.10 asking. We artificially added $8,000.00 to their revenue estimates, pushing them on the revenue side, and then we moved a grant funded position over to the general fund at a cost of $57,417.00. All of that together in their budget totaled $247,832.00, so call it a quarter million, call it $180,000.00, call it $200,000.00. • • • April 13, 2009 Unfinished Business continued Mayor Hurley commented that projecting forward to next year when council is dealing with the budget, he doesn't know what our property assessments will be, what the impact of the buyouts will be, what the general economy is going to be, what the state will do for rollback, what the state will do as far as credit. Mayor Hurley stated he does not know what will happen this week with the Christmas tree bill or next year in terms of what legislation the state may pass that may increase our labor costs. He doesn't know what our new taxable growth will be. Lou Cutwright is going to be pushing to get $85 million this year, and that will be the first year in sixth years we will have been under $100 million in permit evaluations, and probably a good chunk of that is non -tax paying anyway. Mayor Hurley stated he does not know if there will be a negative equalization order and he doesn't know if there is going to be another natural disaster. Council had to cut over $1 million this year from the 8.10. Lets just call it another $1 million, but now to do that there is $247,000.00. We can't go after the police department because they are absolved as the COPS grant takes them out of the picture. Now we go after the rest of the 8.10 departments in order to get a legal budget. Mayor Hurley stated that is what he objected to. The Courier editorial got it wrong, the good people in uniform have it wrong as he would love all the officers we can get. He knows about the need for them, but council has gone along year after year after year with no change in programs, that we are not going to lose anybody, that we are going to keep our nose to the grindstone, but he does not know how council is going to do it. Mayor Hurley noted that Councilperson Steve Schmitt's letter says he is not interested in using money from one department to subsidize another. Mayor Hurley stated he would give Councilperson Steve Schmitt a chance to explain the $1.461 million for five officers. That is $292,000.00 an officer, and we don't pay that. Mayor Hurley stated it is not a question of not wanting, not liking, not respecting, not understanding that we can use more police officers, its can. How do we want to go about strapping ourselves. Mayor Hurley stated he thinks if council is going to do this we should start figuring out where we are going to get the cuts from the other general fund departments because the money isn't growing on trees. Its not only next year, it would be FY2012, FY2013 and in FY2014 we pay the big bill and it will be FY2015 before we can do anything. Mayor Hurley stated he knows our eyes get big about free money, but if this is where the council is at it would have been nice to know that back in March. If we are focused on getting more officers, lets do it on our own terms. Mayor Hurley stated that Councilperson Steve Schmitt mentioned using $100,000.00 out of police overtime. Mayor Hurley stated he doesn't know if Councilperson Steve Schmitt asked Chief Jennings if he would be willing to do that, but he thinks the Chief said last week that five officers probably wouldn't cut into the overtime that much because we would have more court cases, etc. But if we would want to do this, he suggests we do it on our own terms. Lets start finding the multiples of $75 and $80 thousand dollars now from our current budget and then next year if we are faced with dire consequences we have the control in our hands. The Police Department has a dozen people next year who are eligible for retirement. We wouldn't have to lay anyone off, we just wouldn't backfill. Mayor Hurley stated he personally has trouble with the COPS grant's stipulations. Mayor Hurley asked the council to join him in contacting our federal senators and representatives and tell them to cut it out with all the stipulations and strings. If they want to help us, send us the money because it is our tax dollars. Mayor Hurley noted that in Sergeant Chapman's letter, he cites listening to him when he was running for Mayor, which was six years ago. Mayor Hurley stated that an awful lot has changed in that time and he knows that. Sergeant Chapman said at the time of some labor management meetings he assured him that we would work towards adding more officers and educate the city council on this and get them on board. Mayor Hurley stated he did work for more officers, he worked very hard at maintaining the officers level, and he thinks the records will show that. Sergeant Chapman mentioned in his letter amortizing the four years a little more than $100,000 a year for five officers. Mayor Hurley stated the improper pension deductions that Sergeant Chapman mentioned and the money due back to the city, we did get that money back and it goes into the 411 pension line item. It cannot be touched to hire a janitor let alone a police officer. Mayor Hurley stated that the 411 pension that Sergeant Chapman mentioned and that $725,00.00 was saved, it was more like $132 or $192 but again that money goes right back into the 411 it doesn't go to the 8.10. Mayor Hurley stated it would be interesting to have the WPPA or anybody else come when our pension contribution rate goes up 24, 5, 6 or 7 percent, which it has been and which the state controls, not the city and it doesn't help with hiring new officers. Mayor Hurley stated that the fund balance is a fair argument, and he has pushed to get to a 25 percent level. At the same time doing all that we can to push this community forward. Mayor Hurley stated he knows several council members are interested in that unrestricted fund. We started out at 5 percent when many of us took office, and we are up to 18 percent now. There is $7 million in there. Page 5 April 13, 2009 Unfinished Business continued Those numbers were presented to council last week in the audit. As a matter of fact we added $491,000.00 to the unrestricted, unreserved balance. It sits at $7,438,418.00 and is 18.4 percent of our revenues. The target is 25 percent, and we have a sister city at well over 30. We cannot earn interest on that money which helps drive down the tax askings and gives us the freedom to do a lot of things. Mayor Hurley stated he has submitted, signed and guided this staff into hundreds and hundreds of applications for federal stimulus money. In fact the council approved an application for $247 million worth of federal stimulus money. Mayor Hurley stated he wants to go on record because he has been pointed at now being responsible for any armed robbery, murder, bike stealing, whatever because he vetoed this request with strings attached. Mayor Hurley distributed a spreadsheet with Police Department staffing from FYE02 through FYE10 showing total budgeting positions between grant funded and general fund funded. In FYE02 we had 131 total and today we are at 132.25. Mayor Hurley stated he knows there was a day when we had 140 or more sworn officers, and those people were cut because of budgetary reasons. Mayor Hurley stated Michelle Weidner's letter to council last week did mention about reducing the number of police officers in the past when other options for balancing the general fund were limited. We did that in FY 2004 because after we certified the budget the state came through and cut $1.4 million and we had to cut four police officers and four firemen. If it weren't for the advance from Black Hawk Gaming, which we could have decided to keep the police officers numbers down and use that for tax relief, but he proposed and council agreed to hire back those four police officers and four firemen. Mayor Hurley stated he supposes at some time back in the 90s or 80s that there were police officers lost because of budget cuts, but not recently. Mayor Hurley stated he proposed to council this year to pick up in the general fund the grant position lost. Budgets were approved by council that added 1.4 or 1.5 officers. Not a great many but we have been able to do that on our own terms. We have been able to afford it and move on. Mayor Hurley stated he does not want to continue to be played as being against the police department, against any specific officers or against adding to the police force. He works very closely with the Chief daily to make sure this is the best police department we have. This isn't Armageddon or Battle Galactica that we have going on out there. Nobody has been saying what a great job the police department has been doing with the numbers we have. Mayor Hurley stated he would like to have more officers, but his whole thing is what does it do for our choices over the next four years. Page 6 Councilperson Cole stated she thinks this has been a really interesting time. She has been on the council for five years and has been through six budgets and public safety always ends up getting played against every other city department because they take up the majority of our money. This is a political issue. Councilperson Cole stated she can't speak for most of the members at this table except herself. She has no aspirations for a higher office. She thinks that several people at this table do, so she has a tendency to do what is not the politically correct thing. Councilperson Cole stated this is an issue that she has been talked to by citizens on the street and by people who normally have nothing at all to say about city business. What they are saying to her is why would you take a stand against hiring more officers, not her personally because she has not taken that stand. Councilperson Cole stated she understands where Mayor Hurley comes from. She worries about the future a lot, and she will be here for two and a half more years. But she worries about meteors falling on us too, she just means its hard to predict what is going to happen. She feels very strongly that public safety is job number one. She is also a quality of life person so the quality of life people shouldn't be concerned. She honestly believes and when she picks up the paper and reads it, she knows that this is not a placid community. We are an urban area and we need our citizens to be safe. Councilperson Cole stated she will continue to support this veto override, not in a disrespectful manner. Councilperson Welper stated we all understand we need more police officers. Councilperson Welper stated he said last week he would support three new officers if we could find a way to pay for them. Councilperson Welper stated that in listening to Sergeant Chapman and talking with Chief Jennings, the police department has been able to save $100,000.00 a year for the last three years. If they can save $100,000.00 over the next three years, he would support three officers. If the money is there lets hire more officers at that time, but lets just get the three now. • • • April 13, 2009 Unfinished Business continued Councilperson Reggie Schmitt stated that Chief Jennings pointed out to council at Thursday's agenda meeting that its a nine-month process, so lets also deal with the fact that these additional officers will not be on the street until the first of February 2010. Nine months from the day we pull the trigger. Councilperson Reggie Schmitt stated he still thinks, like he said earlier, we should not be taking on any debt that we don't have a way to pay for it. Councilperson Reggie Schmitt stated this whole act now worry later philosophy is like buying a home with no way to make your mortgage payments but you go ahead and take the loan because Fanny Mae offered it, and we all know how that worked out, we have seen the numbers. Nobody is more focused on the budget than our CFO, her three financial analysts, the mayor, and all the department heads. The money is not there. If we could pass a resolution, and we keep talking about the unrestricted, maybe we need a restricted fund. Councilperson Reggie Schmitt stated he will support three officers as last time, and the reason he said three officers is we can take what the Police Department saved year in and year out. Its not $100,000.00, but there is savings there based on the way the people are scheduled. The reduction in overtime, that type of thing. We can take that money, pass a resolution and put it in a restricted fund so that we do have the money to pay for three officers in the fourth year of this COPS grant. Because right now the whole downside of the COPS grant to him is we lose all choice. We cannot touch the largest user of our 8.10 money for three solid years, and that can't be because we don't have control of anything else where we can garner that much money. Councilperson Reggie Schmitt stated he will support three because he can see a way to pay for it, not all the other calculations that we were presented with tonight. If we have a restricted fund for the police department's 8.10 money that they saved so that they are contributing to the support of those three officers in the fourth year he is all for it, and he thinks we can support three in the fourth year. Councilperson Reggie Schmitt stated he does not see any way based on the numbers we have been given that we could ever support five. Page 7 Councilperson Greenwood asked in the fourth year what is the mechanics of that as far as the assimilation of the officers into the police force and if we have retiring officers do we have to have a certain level. How do we work the officers into our budget. If today was the fourth year would we have to have the base line 120 officers plus the four. Mayor Hurley responded yes. Councilperson Greenwood asked so there is no way we can have the four fill in as part of the 120 total force. Mayor Hurley responded that is supplanting and it is now allowed. You have 11534, 8.10 funded officers now. If you went for the five you'd have 12034 and that is the number you have until year five, not year four. Year four is the year we pay and its not until year five that you have a choice to drop them. Councilperson Greenwood stated so if we vote the resolution to hire five we have to maintain our levels as they are right now. Mayor Hurley responded that every officer who quits, retires, resigns, whatever has to be backfilled during that period. They have to be or we pay the grant back, which is another option. Councilperson Greenwood asked if Des Moines comes like they did in 2004 again and they gave us a cut and our response to that okay the only way we can get legal is we have to not rehire two police officers and four firefighters. we don't have the option to doing that anymore. Mayor Hurley responded he doesn't know, but he imagines if we went to the feds and said the state threw a curb ball at us, but the way the grant is written, no we couldn't, but maybe we could appeal on that basis. Mayor Hurley stated he doesn't think we can go back and say we just forecasted wrong and we don't have enough money and we are beyond legal 8.10, he doesn't think they would listen to us. Councilperson Greenwood asked if we have been in communication with our federal representatives about a possibility of a waiver on this upfront. Mayor Hurley responded he has not had time. Councilperson Greenwood stated he voted against it last week. He has had people that are fairly apolitical about the city business call him and ask him why he doesn't think the city should put the additional officers on the street. Councilperson Greenwood stated he respects Mayor Hurley's opinion and he respects Mayor Hurley's way of doing business, and thinks Mayor Hurley is a very logical thinker. April 13, 2009 Page 8 Unfinished Business continued Councilperson Greenwood stated he really has trouble going out and spending this money without having a way to pay for it as he doesn't do business that way. In this case, he thinks he has to rely that things are going to get better, things are going to change. Councilperson Greenwood stated he absolutely believes we need to have the officers on the street, a show of force now versus later. Being proactive versus being reactive several years from now. He thinks we are this side of the tipping point. He thinks if we can have some intervention now things will get better versus things might not necessarily get a lot better if we try to put this off and wait to do it two or three years from now or not do it at all. Councilperson Greenwood stated being very hesitant to change his vote on this and not being disrespectful to Mayor Hurley as far as his experience in budgeting, but in this case he is going to vote to override Mayor Hurley's veto. Councilperson Getty stated that he has had phone calls and people he sees on the street. It is absolutely important to him to add five officers on the streets of Waterloo. Councilperson Getty stated he respects each and everyone of the council for whatever way they vote. They will walk out of this room and they will still be friends. Three or four weeks ago he drove home exactly at this same hour and found his neighbor lady lying in the street after being mugged, they grabbed her purse, broke her shoulder and away they went. This has happened not only in his neighborhood but in different places in town. Everybody knows what has been happening, and the public is demanding council as their elected officials, he has to go with five new officers. Getty/Cole called for the question Ayes: Seven. Motion carried. 128866 - A vote was taken on the original motion with the following result. Ayes: Five. Nays: Welper, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-309. Mayor Hurley noted that we have spent a better part of the last dwelling on the negative. We better turn around and be ambassadors of If we are going to talk about muggings and talk about shootings and going to talk about this thing and that, he also wants everyone to about the great things that are going on because that the other identify the City of Waterloo. DOCUMENTS 128867 - Steve Schmitt/Welper two weeks Waterloo. if we are also talk does not that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $45,747.60 with B&B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2009 Sidewalk Repair Program - Zone 9 and Trail Repairs, Contract No. 752, 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. 2009-310. 128868 - Greenwood/Steve Schmitt that communication from Associate Engineer transmitting Notice of Discontinuation of Storm Water Discharge Covered Under NPDES General Permit 2 with Iowa Department of Natural Resources in conjunction with F.Y. 2007 Midport Boulevard Extension, Contract No. 717, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-311. 128869 - Greenwood/Steve Schmitt that communication from City Planner transmitting lease agreement with Wendell Lupkes to pay $100.00 to bale approximately 19 acres of land generally located to the north of West Shaulis Road between Southland Addition and Prescotts Creek, 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. 2009-312. • • • • April 13, 2009 Documents continued 128870 - Greenwood/Steve Schmitt Page 9 that communication from Leisure Services Director transmitting Professional Services Agreement with AECOM of Waterloo, Iowa at a cost not to exceed $10,500.00 for design services and master plan updates for the Riverview Recreation Area OHV Park Expansion Project, 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. 2009-313. 128871 - Greenwood/Steve Schmitt that communication from Community Development Director transmitting application with Iowa Department of Economic Development for additional Community Development Block Grant Disaster Assistance funds in the amount of $1,047,583.00 to assist with housing repairs, home buyer assistance and interim mortgage assistance, 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. 2009-314. 128872 - Greenwood/Steve Schmitt that communication from Director of Cultural & Arts Commission transmitting application with Iowa Arts Council for grant in the amount of $10,000.00 and Community Foundation of Northeast Iowa for grant in the amount of $10,000.00 to assist with funding of Art and Environment: Where People Gather Project, 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. 2009-315. 128873 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting agreement with Howard R. Green Company for removal and remediation of four underground storage tanks located at the former NAPA site on the Expo Grounds, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Hart asked if we know how much it will cost or is it just whatever it cost to remove the tanks is fine. Noel Anderson, Community Planning & Development Director, responded he received a purchase order earlier today. The rate schedule is an estimated fee of $22,500.00 up to $28,500.00. There is a little bit of a gap in there because they are not going to be exactly sure how much of the sand within the tanks will be considered contaminated that will have to be properly disposed of, so that is why there is a little bit of a flexibility in there. Mayor Hurley asked if we spend up to that amount does that get the tanks removed. Mr. Anderson responded it gets them removed. Their services include dealing with the DNR for the necessary reports and making sure its remediated properly. Following discussion a vote was taken on the above motion with the following result. Ayes: Six. Nays: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-316. April 13, 2009 Documents continued 128874 - Cole/Reggie Schmitt Page 10 that communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a cost not to exceed $2,000.00 to write a Revitalize Iowa's Sound Economy (RISE) grant application for funding of a new road portion to the south side of Airline Highway west approximately 600 feet to the south, 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. 2009-317. 128875 Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting application for Revitalize Iowa's Sound Economy grant in the amount of $450,000.00, with required 20 percent match, for funding of a new road portion to the south side of Airline Highway just west of Advanced Systems as part of expansion of a current industrial company, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that the cover letter from Mr. Anderson says 20 percent match and its $482,655.00 and asked if it could possibly be something different. Noel Anderson, Community Planning & Development Director, responded it would be $90,000.00. 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. 2009-318. RESOLUTIONS TO BE ADOPTED 128876 - Getty/Cole that "Resolution designating National Community Development Week to commemorate the Community Development Block Grant Program in the City of Waterloo, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-319. 128877 - Getty/Cole the "Resolution establishing the amount of just compensation amount of $2,150.00 for a portion of property generally located at 19 Lafayette Street to be acquired as part of the Utica Street right-of-way and authorize the use of condemnation procedures for acquisition of said property to allow continued existence of Utica Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-320. 128878 - Reggie Schmitt/Getty that "Resolution accepting and approving acquisition of property generally located at 731 Vinton Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-321. 128879 - Reggie Schmitt/Getty that "Resolution accepting and approving acquisition of property generally located at 745 Vinton Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-322. • • • • April 13, 2009 Page 11 Resolutions to be Adopted continued 128880 - Reggie Schmitt/Getty that "Resolution accepting and approving acquisition of property generally located at 1017 Mobile Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-323. 128881 - Reggie Schmitt/Getty that "Resolution accepting and approving acquisition of property generally located at 251 Jackson Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-324. 128882 - Reggie Schmitt/Getty that "Resolution accepting and approving acquisition of property generally located at 231 Jackson Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-325. 128883 - Reggie Schmitt/Getty that "Resolution accepting and approving acquisition of property generally located at 239 Jackson Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-326. 128884 - Reggie Schmitt/Getty that "Resolution accepting and approving acquisition of property generally located at 728 Vinton Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-327. 128885 - Reggie Schmitt/Getty that "Resolution accepting and approving acquisition of property generally located at 1331 Mulberry Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-328. 128886 - Reggie Schmitt/Getty that "Resolution accepting and approving acquisition of property generally located at 302-304 Fowler Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-329. 128887 - Reggie Schmitt/Getty that "Resolution accepting and approving acquisition of property generally located at 404 Fowler Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-330. April 13, 2009 Page 12 NEW BUSINESS 128888 - Welper/Reggie Schmitt that communication authorization to be rock salt for the Snow received, placed on file Ayes: Seven. from Superintendent of Streets transmitting request for included in the Iowa Department of Transportation's bids for and Ice Control Program for Fiscal Year 2010, be and "Resolution approving said request", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2009-331. ORAL PRESENTATIONS 128889 - Reverend Lawrence S. Wheeler III Esquire, 433 Bratnober, stated the judges in Des Moines legalized gay marriage, which he opposes, and to show his opposition to gay marriage being approved in this state, he will be picketing the City of Waterloo, the Court House and down along the San Marnan corridor. Mr. Wheeler stated he will be affiliated with establishing a satellite church of the Westburrow Baptist Church by Reverend Fred Phillips. He is very well known for picketing homosexuals and persons who are pro -homosexual. Topeka, Kansas has been the wave of the city of hate and apparently Waterloo will be the second city. Mr. wheeler stated he understands the city is in the predicament of having to fund additional police officers. Mr. Wheeler stated he feels if the city had been enforcing the parking meters as he had previously requested we would not be in this bind. Mr. Wheeler suggested to increase revenue to pay for these additional officers why don't we do what Cedar Rapids is doing and install some red light cameras. Maybe also we should go ahead and put some cameras that are activated by radar to automatically issue citations via U.S. mail. Its perfectly legal to have speed cameras because they are already being utilized in California. We need to have those red light cameras, we need speed cameras, and the enforcement of the parking meters downtown. Mr. Wheeler stated he feels the city can increase our revenue base by implementing some of those devices. Mayor Hurley stated we have had experience in this city with Reverend Phillips and the Westburrow Baptist Church, and Mr. Wheeler can tell Reverend Phillips from the mayor that he is not welcome here nor are his church members. Parking meter income wouldn't buy a quarter of an officer. Concerning the red light cameras, if we ever do that and Mr. Wheeler would be willing to take all of the citizen calls and trouble, maybe that would help council decide to do that. Jerry Grier, 23 Lafayette Street, stated for the record the agenda has it as 19 Lafayette but its actually a double address. Mr. Grier stated he came tonight to ask for council's help in getting a permit that he has been legally denied, but he won't need that now because of council's action on Item number 15 where the city is attempting eminent domain on him. Mr. Grier stated he is ready for that and he appreciates the city finally moving on it. He received his notice last December, 130 days ago, and he guesses its coincidence that he shows up tonight and its on the agenda. Mr. Grier stated he hopes it does not take 130 days to get to the public hearing and he gets to discuss the issue directly with the council. Randy Herod, 111 Highland Boulevard, stated he knows with the current economic times, and no matter where you stand on anything everybody is nervous about what the next several months or the next few years will be. Mr. Herod invited the mayor and council to join them. They are a non-partisan group, and they come from all parties, all backgrounds, all ages, all economic situations. On Wednesday evening at 6:00 p.m. in the parking lot of the old Brinkley Landing building, they are going to have a tea bag party. Mr. Herod noted that there are over 1,000 of these going on around the United States and this will be the one in Waterloo, and there will be another one going on in Cedar Falls. Mr. Herod invited everyone to help them draw our line in the sand with a new Concord and Lexington. James Walsh, City Attorney, stated he gave council copies of agreements concerning the Expo. My Waterloo Days is coming up and there's already an application in for the basic structures so they can apply for a liquor license and that will be brought to council shortly. Councilperson Greenwood asked if it is responsibility of the city to pay for all utility costs except for the tenants of the Public Market Building. If we have a user come in there who uses a lot of electricity, maybe a band, the city pays for all the electricity of the Expo Grounds excluding the public market building. • • • . April 13, 2009 Oral Presentations continued Mr. Walsh responded its pretty typical in a long term lease. In a short term lease, the tenants won't pay the electricity. If they use a booth at a fair or use a space for a week they are not going to pay a electricity bill as there is no way to regulate it. The entity that has been created and the Chamber of Commerce Manager aren't going to pay the utility bill for the city's Expo. They are going to try to make enough money to cash flow it, and if they have any money left over it goes back to the city at the end of the year. If they don't and the city would like a different manager after the first few years, the city can terminate the agreement anytime after a year to get better management. That bill could be big, we don't know what its going to be. Page 13 Mayor Hurley asked council to look the agreement over between now and Thursday morning. Within the confines that we have in an agenda meeting he would be willing to discuss and answer any questions. We can't deliberate it then but we could answer specific questions from council. Getty/Cole that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 128890 - Getty/Steve Schmitt that the Council adjourn at 6:50 p.m. Ayes: Seven. Motion carried. Nancy Ec]tert , CMC City Clerk