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HomeMy WebLinkAboutMinutes-08/03/2009• • August 3, 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, August 3, 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: Michelle Weidner, Chief Financial Officer. 129568 - Reggie Schmitt/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 3, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 129569 - Reggie Schmitt/Steve Schmitt that the Minutes, as amended, for the Regular Session on Monday, July 27, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring August 4, 2009 as National Night Out. The following received 2009 Player and Coach of the Year Awards: Chris Black, Marty Stoakes, Zach Wutzke, Rob Duncan, Dan Rousselow, Aubrey Duncan, Hope Runge, Jon Champion, Brad Schneider, Jason Krizek, Mike McNamee, Isaiah McNamee, Josh Almaraz, Kalvin Matlock, Robin Lund, Jaclyn Spencer, Chris McFarland, Kevin Fittro, Brian Latusick, Adam Dehl, Dwight Dehl. CONSENT AGENDA 129570 - Reggie Schmitt/Steve Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP642, pp. 1-57, dated August 3, 2009, in the amount of $2,334,895.16, 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. 2009-760. b. Motion to approve the following: 1. S. Maureen Newbill, Visitor Services Manager, to attend three Arts Festivals in Minneapolis, Minnesota on August 7-9, 2009, with costs not to exceed $380.00. 2. Shawn Bram and Tom Sullivan, Police Officers; to attend Driving Instructor School on August 3-7, 2009, with costs not to exceed $1,319.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Narey's 19th Hole, 2073 Logan Sunday Sales) d. Beer License Class C Prime Mart, Sales) e. Wine License Class B Prime Mart, Sales) Permit Application Avenue (Renewal) (Expires 8/22/10 (Includes 3535 Marigold Drive (Renewal) (Expires 8/8/10) (Includes Sunday Permit Application 3535 Marigold Drive (Renewal) (Expires 8/8/10) (Includes Sunday f. Outdoor Service Area Application Narey's 19th Hole, 2073 Logan Avenue Isle Casino Hotel, 777 Isle of Capri Boulevard August 3, 2009 Page 2 Consent Agenda continued g. Solicitation Application Waterloo Amvets #19, 32 Lafayette Street Ayes: Seven, with Councilperson Steve Schmitt abstaining on payment in the amount of $130.00 to Schmitt Telecom Partners, Inc. Motion carried. HEARINGS 129571 - Hart/Getty that proof of publication of notice Enterprises, Inc. for District for a 14,400 Wash and 3,000 sq. ft. on July 24, 2009, be carried. of public hearing on request of Veteran a Site Plan Amendment to the "M -2,P" Planned Industrial sq. ft. Truck Wash and future 4,400 sq. ft. Food Grade Fuel Station/Store, as published in the Waterloo Courier received and placed on file. Ayes: Seven. Motion 129572 - This being the time and place of public and oral objections and there were none. Hart/Getty that the hearing be Programming and Zoning Motion carried. 129573 - Hart/Getty hearing, the Mayor called for written closed and recommendation of approval of Planning, Commission be received and placed on file. Ayes: Seven. that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-761. PETITIONS FROM PUBLIC 129574 - Getty/Reggie Schmitt that communication from City Planner transmitting request of Landmark Commons for a minor Site Plan Amendment to the R -4,R -P" Planned Residence District for 5,097 sq. ft. addition for a pool facility on their property located at 1400 Maxhelen Boulevard, 1A mile east of Hammond Avenue, just south of Highway 20, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-762. REPORTS 129575 - Getty/Hart that Waterloo Water Works 2008 Annual Audit Report, be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Dennis Clark, Waterloo Water Works General Manager, reported that the Water Works ended the year with assets less liabilities of $20.6 million. The Water Works had operating revenue last year of $774,000.00. The Water Works had total assets of $24.6 million and liabilities at just under $4 million. They had a small cash increase at the end of the year, and expenses at the end of the year were under budget. There were no findings in the 2008 Audit. Mayor Hurley noted that some people are often confused that the Water Works is a city department, but it is its own legal entity. The city formally approves the Water Works Audit and appoints members to the Water Works Board of Trustees. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. • • • • August 3, 2009 Page 3 DOCUMENTS 129576 - Welper/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting Change Order No. 2 for a net decrease in the amount of $12,125.00 for work performed by Failor Hurley Construction of Hudson, Iowa in conjunction with Commercial Street Parking Garage Repair, Phase I, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 129577 - Welper/Steve Schmitt that communication from Superintendent of Waste Management Services transmitting Change Order No. 2 for a net increase in the amount of $7,460.60 for work performed by Prairie Construction Company, Inc. of Waterloo, Iowa in conjunction with Waterloo Water Pollution Control Facility Storage Building, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 129578 - Welper/Steve Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with AECOM of Waterloo, Iowa at a cost of $20,000.00 for the Riverfront Stadium Flood Control Feasibility Study, 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 Greenwood asked if FEMA is mandating that the city have come type of plan in place at Riverfront Stadium. Mayor Hurley responded they are not mandating it, but he and staff would like to after last year's damage and the investment at Riverfront Stadium. Mayor Hurley noted that we would be paying somebody to do a study as to what we could do, but there is no guarantee that the DNR or Corp of Engineers will allow the city to do anything. Noel Anderson, Community Planning & Development Director, stated these are grant funds that we put into an application in House File 64 for this purpose. Mayor Hurley noted that this is not property tax money. 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. 2009-763. 129579 - Welper/Steve Schmitt that communication from Leisure Services Facility Manager transmitting Contracts, Bonds, and Certificates of Insurance at a cost of $79,830.00 with Pries Roofing of LaPorte City, Iowa in conjunction with 2009 Gates Park Pro Shop Reroofing Project, 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. 2009-764. 129580 - Steve Schmitt/Reggie Schmitt that communication from City Planner transmitting agreement with Iowa Homeland Security and Emergency Management Division for Hazard Mitigation Grant Program 1763 Structural Acquisition (Buy Out) funds in the amount of $5,715,669.00, with federal share not to exceed $4,286,751.00, state share of $571,566.00 and city's share of $857,352.00 to be funded by the Community Development Block Grant Program, to acquire on a voluntary basis structures damaged or destroyed by the 2008 floods, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. August 3, 2009 Page 4 Documents continued Prior to a vote on the above motion, the following comments were heard. Mayor Hurley explained that this is the million plus comes from federal funds, 15 typically a match from the municipality. paid via state Block Grant funds. Following comments a vote was taken on result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-765. 129581 - Greenwood/Steve Schmitt buyout, and that percent from state In this case, the the above motion 75 percent of $5.7 funds and there is city match will be with the following that communication from City Planner transmitting Administrative Plan for the Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition program to acquire on a voluntary basis structures damaged or destroyed by the 2008 floods, be received, placed on file and "Resolution approving said Administrative Plan", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that council received a drat copy of the Plan in their packets, but there are a few changes. Aric Schroeder, City Planner, explained that the State of Iowa requires that the city adopt an Administrative Plan that creates a policy document to help guide the buyout program. It sets forth general requirements and procedures that will be followed to go through the buyout program. Staff is proposing one minor change and that is in regards to owner -occupied relocation assistance. There are two types of relocation assistance that owners -occupants are eligible for: replacement housing benefit and a moving expense. Under the moving expense we were proposing to do a flat payment that we would payout. The state indicated that we would not be able to do it exactly as a flat fee. That it would have to be a reimbursement program. But they did note that under the URA, the relocation assistance act that governs this type of assistance, that there is essentially a flat fee that we can use, so we just had to change our wording a little bit that will effectively utilize a flat fee that they will be eligible for based on the number of rooms in their house. It will pay up to an $850.00 moving expense fee assuming they are eligible under the URA guidelines. Mayor Hurley noted that by doing it this way we are able to offer a little bit more than what we were originally talking about in a flat fee. Compared to the other alternatives presented to us during the day this one is the best compromise in terms of the dollars that can be out there and the paperwork that would have been demanded of us from the other alternative. Councilperson Welper asked if there is a minimum amount. Mr. Schroeder responded that the one we will adopt is called a Fixed Residential Moving Cost Schedule. Under that schedule if they have only one room they would only be eligible for $550.00. If they have two rooms, they would be eligible for $700.00. If they have three rooms they would be eligible for $800.00. If they have four or more they would be eligible for the full $850.00. It does not specify just bedrooms, it says rooms with furniture, so he would think if not all almost all will probably be eligible for the $850.00 payment. 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. 2009-766. 129582 - Reggie Schmitt/Welper that communication from Leisure Services Director transmitting application with Iowa Department of Cultural Affairs Great Places Program for development of a trail from Mullan Avenue to 6th Street as part of the River Renaissance Project, with city pledging $79,837.00, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. • • August 3, 2009 Page 5 Documents continued Prior to a vote on the above motion, the Councilperson Hart explained that right selection process on the state level he state board. following comments were heard. now until everything goes through the is going to abstain since he is on the Paul Huting, Leisure Services Director, explained that the city's funds are bond monies that are designated for these projects, and they are not asking for a specific amount at this time. We are asking for two things: that we want to participate in achieving designation for the Great Places Program for Waterloo Cedar Falls areas and we will be asking for some assistance with these two projects. Councilperson Greenwood noted that council has not voted to proceed on the boathouse. Mr. Huting stated that they are in the planning phase, and they are working with FEMA, who is considering some additional support above and beyond what they initially gave. The city has also submitted an application with provisional approval to the Gaming Association. For purposes of this document, we are looking at some additional improvements at the boathouse for parking, riverbank, etc. that are not specifically in the smaller boathouse project with FEMA. Mayor Hurley asked when we might know whether the Cedar Valley application is accepted. Councilperson Hart responded he thinks the applications are due late August. The state board will drive around the state to see exactly who they are going to accept, and he thinks it would be September or October when we find out. Mr. Huting noted they hope to get started on the structure this fall. Councilperson Hart stated that the Great Places designation will be a great designation for the City of Waterloo and Cedar Falls. The local communities have to generate dollars, create their own visions of what they would like to see happen, and then Great Places would finish out some of those projects monetary wise with a little bit of help and offer technical assistance and eliminate a little bit of the red tape with tapping into state dollars. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Abstain. Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-767. 129583 Reggie Schmitt/Welper that communication from Leisure Services Director transmitting application with Iowa Department of Cultural Affairs Great Places Program for development of the Cedar River Boat House, with city pledging $43,000.00, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Abstain: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-768. RESOLUTIONS TO BE ADOPTED 129584 - Greenwood/Steve Schmitt that communication from Manager of National Cattle Congress requesting that discretionary hotel/motel funds of $2,400.00 awarded for a new digital sign for the Electric Park Ballroom be transferred for purchase of eight ViAge Handheld I.D. Readers to be used for various venues on the grounds, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Reggie Schmitt stated this came out of the council's discretionary funds for hotel/motel. if the money was not used for the project that we designated the money, he feels that the money should come back to the discretionary fund. The National Cattle Congress will then need to make an application for the ViAge Handheld I.D. Readers just to see if there may be other projects that are a lot more qualified and put more heads on beds then these readers do. Councilperson Reggie Schmitt stated he doesn't think we should be switching projects after an award. August 3, 2009 Page 6 Resolutions to be Adopted continued Councilperson Getty asked with is a ViAge Handheld I.D. Reader. Councilperson Reggie Schmitt stated it reads your driver's license. Mayor Hurley explained that its quick electronics that can scan a driver's license or i.d. Events where tons of people are coming up to the bar or the keg and buying, they can just read them with this electronic reader, and it gets things going faster. Councilperson Hart stated he has questions in regards to heads on beds, the intent of the grant and the change of the usage of the money. Councilperson Hart stated he will probably say no right now, leave the opportunity to table until later. Councilperson Greenwood stated he would support this request. Through the many different events that they have, they do put heads on beds, and this will help them stay in compliance with the rules and regulations that they have to deal with and be able to better serve the people that they have to serve at the different events that they have. Councilperson Welper stated he agrees with Councilperson Reggie Schmitt. For years, the Cattle Congress has been asking for money for this sign and now they are switching their request. This isn't the proper way to do this, and he thinks they need to come back to council and request it in the proper way. Councilperson Steve Schmitt stated he agrees with Councilperson Greenwood that if the Cattle Congress through the wisdom of their operations decided this money is better utilized for the handheld i.d. readers than the digital sign, he would respect that. Councilperson Steve Schmitt stated that maybe it would make sense to table this motion and allow somebody from the National Cattle Congress to be present. Mayor Hurley noted that the National Cattle Congress has asked for large chunks of money which the city just couldn't do. Mayor Hurley stated he thinks what they are trying to do at the National Cattle Congress is admirable, and if he had a vote, he would probably go with this and get on with it. Mayor Hurley stated he is hearing from some council members that its a matter of process. If council awards the funds for one project and they are not going to use it, then they need to reapply. Councilperson Welper stated he thinks council would be setting a bad precedence if they start allowing people to switch their decision on how they use the funds and we could be heading for trouble. Mayor Hurley stated he doesn't think they allow that over at the Convention & Visitors Bureau. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Cole, Hart Welper, Reggie Schmitt. Motion failed. 129585 - Steve Schmitt/Welper that "Resolution calling for a public referendum to be held on November 3, 2009 to authorize the imposition of a Local Sales and Service Tax in the City of Waterloo, Iowa, at the rate of one percent to be effective on January 1, 2011", be adopted and City Clerk is directed to notify the Black Hawk County Elections Commissioner and the Black Hawk County Board of Supervisors of same. Prior to a vote on the above motion, the following comments were heard. Bernie McKinley, 28 Silver Lake Drive, explained that in January 1986 when he became Mayor of Waterloo the Rath Packing Company had just closed and went for public auction, 10,000 people were laid off at John Deere, people were leaving this town in groves, houses opened up, our savings and loans all went busted and we had weeds growing up in all these vacant lots. Besides that we had the federal government in here asking us to match funds to put in a road system. City staff told them that we had a nearly failed street system in this city. Previous councils and mayors had put up $1 million dollars per year and that was like a spit in the bucket, it didn't even touch it. Where would we get the funds. We come up with the idea of the one cent sales tax. • • • • August 3, 2009 Page 7 Resolutions to be Adopted continued Mr. McKinley noted that he gave mayor and council an article that explains very well what a problem potholes are. At that time the city had so many potholes we had to designate telephone operators to answer the calls. It was horrible because we had so many failed streets, and a failed street is where you get your potholes. So we went together with the City of Cedar Falls to pass the sales tax, which we did much to the effort of Jon Crews in Cedar Falls who sent assessments out to 25 percent of the City of Cedar Falls and telling them if the option tax passed they wouldn't have to pay the assessment and that they might tell their neighbors because their neighbors were next. Obviously, Cedar Falls passed it, but Waterloo still failed. Mr. McKinley stated he made hundreds of phone calls on this and the biggest response he got was people didn't trust the city would use the tax for the streets. So in order to get it passed the city put in a five year limit and also appointed a committee. At that time the city guaranteed them we would continue with the million dollars that we were spending, and it passed much to the help of Cedar Falls. This city has received between $7 and $9 million every year for 20 years, and we are not there yet. If you read the article, you will realize that if a failed street can keep from becoming a failed street by timely overlays and maintenance we can save ourselves a lot of money. Mr. McKinley stated the last time this came up for vote we put in the matching grants for supposedly RISE, which he opposed. Since that time we spent $1.2 million on RISE grants, and we could use that on the streets. The thing is accelerating. He understands there is another near million dollars for a project that is going on right now that has been approved. The city has been talking about using matching funds for Shaulis, and now there is talk about the possibility of using it for widening streets perhaps or turning lanes. This fund cannot afford that kind of stuff if we want to have the road system that we want and that we need in this city. We are not free of potholes yet, we are not free of failed streets yet. We need to keep this fund as it is. Harold Getty had the best suggestion at council's last meeting. Use this fund for the maintenance and care of our current streets and the reconstruction of the failed streets. Mr. McKinley encouraged the council not to add anything else to this and preferably that council would remove what was put in last time for matching grants because what happens is we just keep sneaking into it. If a project is going to be a match street it should stand on its own merit and you bond the money for it. This fund should be left the way it was. Mayor Hurley stated that in all due respect to former Mayor McKinley and Councilperson Harold Getty, he still thinks we need to at least listen to how we have used that money. Mayor Hurley noted that the 1983 article from Mr. McKinley talked about seal coating and stuff to keep the moisture out, etc. We haven't used the seal coating process as a maintenance item for quite a while. We use road use tax funds when we have maintenance like pothole repair and removal. The local option sales tax has been for the repair and the reconstruction of existing streets and new streets if we have a match. Mayor Hurley noted that heading east on San Marnan going past Tower Park and down to Kimball is an example of how he would like to use this money in the improvement aspect. If you go on Kimball to the new Sonic or if you want to get back to the gas station or over to the bank or down the street to one of the big box stores your going to turn right on Kimball. There is a turning lane there that is short. We just overlaid that this year and if we had this provision in that would have been where we would have used some money possibly to design and put in the improvement of a longer, wider genuine turn lane to keep traffic moving at that busy intersection. A couple of years ago we saw the need to do some things on West Ridgeway to accommodate better traffic flow, turning lanes, etc. for the Mauer complex. Those are the kind of things that as our community changes and we are hitting on the right cylinders, our economy is perking along and we have traffic conditions, or safety conditions or development additions that we have some money that we don't have to bond for. You know that million dollars by the time we pay it back is probably a million in a half or better. Mayor Hurley explained the reasoning behind broadening the match. Five years ago we approved using it for new streets if there was a match. In the last three years, we have used $2.2 million match money of the probably $25 to $28 million collected over that time period. We used $2.2 million match money for the VGM road, MidPort, Geraldine Road, Cyclone/Titan Drive, West Shaulis Road Extension and Commercial Street extension. Mayor Hurley explained that every one of those can be tied to investment, economic development, whether real or potential, the West Commercial extension right in front of the TechWorks or the front door to the John Deere facility downtown and the back door to the TechWorks. These are things that drive our tax base and drive the local option sales tax in a way because it brings people in, gets them around faster and safer and generally contributes to the economic health of the city. Mayor Hurley explained the other change is five years versus seven years. August 3, 2009 Page 8 Resolutions to be Adopted continued Mayor Hurley stated he got together with Mayor Crews and they were in consultation with the mayors of the other four contiguous cities and talked about five years or ten years. They didn't think it prudent at this time for ten years, but as people develop trust in what we are doing and can see results we thought seven years was a good compromise. It times it properly so that we can, like this year, fold on top of an election and not have to have a special one. W have to be careful because Waterloo can't do five years and Cedar Falls or Hudson do seven or nine years. We all have to be the same. Councilperson Greenwood stated some of the comments he has received are they are okay with it if people have an idea how much of that fund is going to be potentially used to match a RISE or federal fund. They want to have the nut stay the same. They want to make sure they we are going to have $7 million or $6 million earmarked for reconstruction and overlay. That not all of the local tax money would be used as match. If we did the Shaulis Road project that is going to require $4 million dollar worth of matching funds, they don't want us to put $4 million of matching funds to do that project, that it would be capped off somewhere. What he is hearing Mayor Hurley say is that we have used about 10 percent of the sales tax money for matching funds. Mayor Hurley responded about 5 percent. Councilperson Welper stated he doesn't feel council is changing the words all that much, and he likes seven years versus five years. The word he approves the most is "improvement" because many of the streets in our town will never see reconstruction. They will probably never see an overlay surface put on their streets. We really don't repair them or replace them. Its an improvement to those streets. Councilperson Steve Schmitt stated he would agree with Councilperson Greenwood. If there is a way of changing the wording to put in some kind of a maximum percentage or maximum dollar amount. Councilperson Steve Schmitt stated he has huge respect for what Mayor McKinley had to say and it doesn't seem like it was 20 years ago. He thinks trust used to be a real issue with certain governmental bodies, but he doesn't think its that way anymore. He is concerned if people think we are trying to do a little wiggle here to get some things done that maybe they might not support. This year, for example, the city did receive additional federal money because of some of the stimulus funds. We actually should have more money this year than we would have otherwise because of that, and he keeps reading that only 10 percent of that money has been released. The potential of getting even more of that in the next few years would be greater rather than less. Obviously, there is no guarantees on that, but he would be opened to continue to discuss this and maybe fine tune it a little bit. Councilperson Hart stated he received only about four phone calls today in regards to this, and the biggest comments were don't touch anything, this is what we voted for, this is what we want, so he is kind of caught in between the history of 1986 to our current uses and necessary uses for today. Councilperson Hart stated he doesn't necessarily have a problem with "improvement", but one of the things that a couple of folks could absolutely not deal with and that was the wording of matching funds. The state and federal they felt as if that was already a push, and the usage of matching funds was way off of what they believed in. Councilperson Cole stated she received no phone calls and no e-mails about this. She remembers very distinctly what it was like here in 1986, and she thanked Bernie McKinley for serving as mayor. Councilperson Cole stated she thinks times have changed drastically in terms of certainly the condition of our streets, and it is because our citizens have approved this every five years. She supports the idea of the "improvements" in there because there are a number of areas in our community that could use turn lanes for example because it is an issue of safety. If we are looking at the growing areas of our city we have to be able to accommodate increased traffic, which is not a bad thing. Increased traffic means people are out there shopping and doing things. Councilperson Reggie Schmitt stated that it is totally up to the voters. Council is crafting the language on how is going to be on the referendum. Councilperson Reggie Schmitt stated he supports the addition of the word "improvements", the turn lanes and anything we can do to expedite the flow of traffic. Councilperson Reggie Schmitt stated he also agrees with crossing off state or federal and changing it to matching funds. He doesn't think there is anything wrong with only spending $2.2 million dollars and getting $4.4 million worth of brand new roads in this city to foster economic development. We only have to pay half and we don't know what the matching funds are going to be in the next seven years. • • • • August 3, 2009 Page 9 Resolutions to be Adopted continued In addition to state and federal, we can also have stimulus funds, gaming fund and funds that we don't know about today. Councilperson Reggie Schmitt stated he agrees with it if we say we are going to spend for new roads only when we have matching funds available, that is economic development. Forrest Dillavou stated that not long ago we had a vote here in Waterloo about taking away 50 percent of the option tax for roads to use for the river renaissance, and the voters spoke loud and clear than that they did not want the city to take away their road repair money. The city is again taking away some of that road repair money even though they are saying its for roads, they are still taking it away. Those same people that voted against it, most of them are on this side of the river, said my street has not been repaired yet, and if you drive around today some of them are saying the same thing. Quentin has probably heard it. Mr. Dillavou stated his street is not up to par yet. It was in the paper just the other day that the ones that are repaired or were repaired early in the program are now needing it again. So every dollar that you take out to try to help a business or try and help a development your taking away from the residents who want their streets repaired and deserve to have their streets repaired. You are probably gambling with the fact that they may say if we don't get it we don't need it. You continually say we don't need all of that money. The city said we don't need all that revenue going in there, we can use half of it for River Renaissance. Mayor Hurley stated that many residents and others spoke loudly and clearly. That was a very narrow defeat though, it wasn't a landslide. As far as the Westside thing, Mayor Hurley stated he does not want the perception left that there is favoritism. Engineering does everything they can to split that money equitably amongst the wards. And there are three wards on the east side and two on the west, and the $9.5 million is spent as equitably as possible between the wards and maybe it shouldn't be. Maybe it shouldn't be but it is so that we don't have that. Some of the roads have been done over again. Eric Thorson told everyone last week at the work session that some of these roads we were talking seal coating have been done 3% times. Councilperson Greenwood stated that we have a five year schedule of what roads are going to be overlaid or reconstructed so we have a pretty good idea of what our schedule is going to be for the next five years. We are going to fund that and then if we have money left over we can fund the matching funds. In the last couple of years since we have had this in place have we used bond money for streets. Councilperson Greenwood stated what he is hearing and seeing the city do or staff has done is very selectively use the monies out of the local option sales tax fund to use for matching funds in projects to the extent of 5.8 percent or something, and he would be comfortable continuing to do that. Councilperson Greenwood stated he thinks most people would think that we would be good stewards of the money if we can say we are not going to use more than 10 percent of our local option money to use as matching funds, and that there is a schedule and these projects are going to proceed as scheduled. Councilperson Getty stated he is totally against changing this at all. We talked about item number 1 plus item number 2. Item 1 is the only thing we should be concerned about, which is repair and reconstruction of existing streets. We talked about adding language about using it for a little bit of this and a little bit of that last week. Councilperson Getty stated he heard someone say lets do the sidewalks from the edge of the private property to the private property across the street. Lets put in sidewalks. if we go down the street and there are no sidewalks we will put them in. That's crazy talk. Why would you put sidewalks in with local option money that voters have voted on for street repair and reconstruction. That is the only language that should be there because he doesn't care what you say and how we feel here tonight or how you will feel two years from now, because a year from now, three years from now somebody is going to sit here and they are going to construe what that little bit of language says. We can use a little bit of this here and we can use a little bit of this there, and the next thing you know its blown out of proportion and not used what the voters intended it to be, which is repair and reconstruction of existing streets. Councilperson Getty stated that is all it should say and he urged council to support that, and if it passes the other way it will go to the voters and he really hope the voters know what they are going to vote for come November. August 3, 2009 Page 10 Resolutions to be Adopted continued Mayor Hurley stated we had a minor flurry five years ago when this came up. Being a new mayor, he found funds for a survey of our citizens to see what they might want to do this time around. Where were they thinking. We got a top attack, it was anonymous, it was very well funded, and it got everybody off the mark and headed in the wrong direction about how we were going to use this money. We came back with the idea of the matching funds and that was the change last time. That language was approved by a 75 plus margin of the voters five years ago. We went out on the road, we went to the service clubs and we went to the neighborhood associations and talked about it in this room. Mayor Hurley stated he thinks folks got it and understood that we were being good stewards of the local option sales tax dollars, 30 something percent of which comes from outside our own city. Mayor Hurley suggested council add language that no more than 10 percent or whatever percent council wants to put in there shall be expended on new or improved matching projects or portions thereof. We put a cap in there of some percentage. Councilperson Cole stated she would support a cap. Councilperson Greenwood stated he would support a cap. Councilperson Getty stated that according to Michelle Weidner's letter the last two fiscal years exceeded $9 million. Approximately double the amount received the first year the tax was collected. If this thing keeps going and going the more money they are taking away from this to do our streets. Mayor Hurley noted that the part for the recon and the repair of streets is growing just as fast. We have collected in the last three fiscal years $27.1 million and if we spent $2.2 million matching on new streets that is about 8 percent. Councilperson Greenwood stated the other alternative is to do like Mayor McKinley says to go out and bond for it instead of trying to use some of our local option monies to help from getting into more bonded debt. Councilperson Getty asked are we talking that this is just for streets or are we talking sewers, landscaping. Mayor Hurley responded no its just streets. Mayor Hurley read what is on the proposed resolution. "That revenues from the sales and service tax are to be allocated in the City of Waterloo as follows effective January 1, 2011: zero percent of said local option sales and service taxes to be used for property tax relief. One hundred percent of the revenue generated will be designated for (1) the reconstruction, repair, replacement and improvement of existing streets, curbs, structures, storm sewers." Mayor Hurley noted that our friends in Cedar Falls are thinking of adding bridges, lights, and structures would include bridges. The second use was for "the construction and improvements of streets, but only for projects for which matching funds available." We struck the words federal or state. We are limited in our things being concrete or asphalt to storm sewers, catch basins, curbs, storm gutters and that sort of thing. Councilperson Getty stated he agrees with that 100 percent. Mayor Hurley noted we don't do fiber optic cable conduit, we don't do water, we don't do sanitary. Although a lot of times when we have a street open, it would be nice to be able to do that. Councilperson Welper stated he is not real crazy about the bonding part of it because that means then the Waterloo taxpayer is paying the bill on this when we have all of our surrounding communities who come here and use our streets. He would rather see that one percent tax help pay for this not just the Waterloo taxpayers. Councilperson Reggie Schmitt stated its way better that we have the money available for 50 percent matching program than paying 50 percent interest over 15 years when we bond. Councilperson Reggie Schmitt stated he can support a 10 percent cap but personally he would like to see it stay wide open. But a 10 percent cap is pretty close to what we spent the last three years, and as that local option sales tax grows there is more money available to repair all of the old streets as well as more money available for 50 percent match when projects come up. Councilperson Hart asked if the 50 percent matching funds is a written in rule or is that just what was decided five years ago. • • • • August 3, 2009 Page 11 Resolutions to be Adopted continued Councilperson Reggie Schmitt responded it depends upon the project and where the matching funds are coming from. Most of them are 60/40 or 50/50. Mayor Hurley stated that RISE funds are typically 80/20. Mayor Hurley asked Councilperson Getty if he has trouble with the word "improvement". Councilperson Getty responded no as long as its an existing street. Councilperson Getty stated we should have a period after number one and that would be the end of it. Councilperson Hart noted in regards to some of the economic development initiatives: VGM, Geraldine Road, MidPort, Cyclone, West Shaulis, and West Commercial Street, and when we take a look at the proportion of the funding being utilized for particular neighborhoods. Mr. Dillavou made a comment about some of the folks that we talk to on a regular basis and then the question was asked about two particular wards on one side. Not to get into a ward issue, but when we take a look at the economic development monies that have been used, and he thinks six of those projects were south side, west side projects. Councilperson Hart asked if we go ahead and we put in the information for matching funds and we go ahead and put a 10 percent cap what assurances would the folks he represent have in regards to making sure that if there are five wards that 2 percent of that economic development monies are able to go directly into the coffers where they pay taxes too. Mayor Hurley stated that if we were in full control and said okay business A, B, C you have to go over here, and we could get away with that then we would be fine. But there are so many other things. Where are the railroads? Where are the highways? Where is the residential growth? Where are like businesses? The companies that are out there that are coming in, they are the ones that are coming to us and saying tell me what kind of programs you have because we want to go here. We pitch the industrial parks, and he thinks we probably spend more time at MidPort and now SouthPort and Northeast Industrial sites in terms of energy then we have anyplace else in the city. But a company that has money to spend and is going to invest their stockholders or their owners funds they say where they are going to go, we don't. Mayor Hurley stated his guess is that there are a lot of families in the other parts of the city that are supportive because a family member has a job there that we brought into town because we played the economic development game. But if we could say okay we are going to do 10 percent but we're going to divide it up only 2 percent per ward. Mayor Hurley stated it boils down to how much control we have and the trust factor is that people who don't see lots of action and big buildings and huge warehouses. They are not remembering everything that is going on and they don't appreciate the hard work that staff and elected officials do to try to get economic development and jobs and retail around the city. Councilperson Hart stated there was an 8 percent that went to economic development. Now we are talking about the possibility of a cap to 10 percent economic development. And that is 2 more percent that could possibly not go back to folks that may need some of their streets done. Michelle Weidner, Chief Financial Officer, stated she used 5.8 percent because she looked at the actual $1.2 million paid out. She is not using contracts committed to the future, just cash spent in fiscal 2007, 2008 and 2009, so its really only three years. Mr. McKinley stated that if council takes out economic development they are going to satisfy more people. Economic development should stand on its own merit. If its so great and going to create so many jobs that the tax base is raised that development should pay off the bond. What your doing by adding this in is opening the door to diminishing a great program. We aren't there yet, we don't have a street program at top notch yet. Councilperson Reggie Schmitt noted that we are not adding anything in, it was already there, it was passed by the voters last time. All we are doing is putting a cap on it. If we have only spent 5 percent that is because of the projects that have come before council. The TIF requests and the development deals that had to be cut to entice a business to come to Waterloo is part of what this money is being used for, and we have used about 5 percent. If we change the language that is already there to say we are going to take advantage of matching funds up to 10 percent to complete a project. August 3, 2009 Page 12 Resolutions to be Adopted continued Councilperson Cole stated we have used 5 percent in three years why don't we go with the language that is suggested in this resolution which includes improvement. Councilperson Cole stated she thinks people would have a hard time arguing against improvements so that they can get to work faster or they can be safer. Vote it up or down. Councilperson Welper asked if Councilperson Cole would leave in the seven years. Councilperson Cole responded yes. Mayor Hurley asked if we would leave in state or federal. Councilperson Cole responded no just the words "matching funds". Mayor Hurley noted that we are open to the possibility that we can petition gaming funds to come our way and a developer could say we'll go in at this amount. Councilperson Greenwood stated that he thinks you can predict the city's performance on our past record, that the city has been very prudent about using the local option sales tax at the 5 percent, 6 percent level. If we do have a bigger project, we need to bond for it. Councilperson Greenwood stated going forward he doesn't' see the city's policy changing a whole lot, so he could go along with Councilperson Cole and strike the words state or federal, just put in matching funds and improvements. Mayor Hurley suggested that after listening to council that they put in some sort of number, a hard cap that helps future councils avoid the controversy. Councilperson Cole stated she does not want to obligate future councils, and if future councils overstep their bounds, they won't be sitting in their chairs. Councilperson Hart stated that council has talked a cap or no cap, but the thing is without a cap a developer comes in and says they have a 50/50 match for a particular area. That 50 percent from a program that was proportionally equitable across the entire city may have more revenues taken out of it to support areas that probably are developing a little faster than other areas. This program gave us an opportunity regardless of where you come from within Waterloo, you get an opportunity based upon your tax dollars to fix up your streets. If we have 95 percent and then 5 percent for economic development then all of a sudden that shifts to 10 percent to economic development, and he is all for jobs, then that is 90 percent or 5 percent less that we have for existing streets for areas that may not develop as quickly as other areas. It has him in a cross between do we support a cap or do we not support it at all, but he feels council needs to do something because he believes that is disproportionate. Mayor Hurley stated that it could be the fact that we would allow some money for the economic development projects that might be just the thing to get more development in the areas of the city that don't seem to be getting it. Councilperson Hart stated that Councilperson Greenwood pointed out a little bit earlier that the past sometimes talks about the direction that we are headed in. He is optimistic about the future, if he wasn't he would not be here. Cole/Reggie Schmitt that debate be closed. Ayes: Seven. Motion carried. 129586 - A vote was taken on the original motion to adopt the resolution with the following result. Ayes: Four. Nays: Getty, Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-769. 129587 - Hart/Reggie Schmitt that "Resolution accepting and approving acquisition of property generally located at 515 Elm 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. 2009-770. 129588 - Hart/Reggie Schmitt that "Resolution accepting and approving acquisition of property generally located at 706 Cottage 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. 2009-771. • • August 3, 2009 Resolutions to be Adopted continued 129589 - Hart/Reggie Schmitt Page 13 that "Resolution accepting and approving acquisition of property generally located at 1203 Beech 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. 2009-772. 129590 - Hart/Reggie Schmitt that "Resolution accepting and approving acquisition of property generally located at 408 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. 2009-773. 129591 - Hart/Reggie Schmitt that "Resolution accepting and approving acquisition of property generally located at 1333 Leavitt 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. 2009-774. ORDINANCES TO BE ADOPTED 129592 - Greenwood/Steve Schmitt that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (125) Water of Section 553, No Parking Here to Corner; and enacting in lieu thereof a new Subsection (125) Water of Section 553, No Parking Here to Corner (no parking on the north side of Water Street where it intersects with E. 6th Street) ", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 129593 - Greenwood/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 129594 - Greenwood/Steve Schmitt that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (125) Water of Section 553, No Parking Here to Corner; and enacting in lieu thereof a new Subsection (125) Water of Section 553, No Parking Here to Corner (no parking on the north side of Water Street where it intersects with E. 6th Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4952. NEW BUSINESS 129595 - Getty/Hart that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $795.18 for work performed by the Water Works at 2228 Rainbow Drive, together with recommendation of approval of Board of Trustees of the Waterloo Water Works, 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. 2009-775. 129596 - Getty/Hart that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $950.00 for work performed by the Water Works at 424 Florence Street, together with recommendation of approval of Board of Trustees of the Waterloo Water Works, 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. 2009-776. August 3, 2009 New Business continued 129597 - Getty/Hart Page 14 that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $985.00 for work performed by the Water Works at 2026 Plainview Street, together with recommendation of approval of Board of Trustees of the Waterloo Water Works, 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. 2009-777. 129598 - Getty/Hart that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,800.00 for work performed by the Water Works at 926 Independence Avenue, together with recommendation of approval of Board of Trustees of the Waterloo Water Works, 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. 2009-778. 129599 Getty/Hart that communication from Superintendent of Central Garage transmitting request to purchase 2007 Log Loader Truck at a cost of $168,817.00 from V&H Trucks Inc. of Marshfield, Wisconsin, be received, placed on file and "Resolution setting date of hearing as August 17, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-779. 129600 - Steve Schmitt/Welper that "Preliminary Resolution approving construction of sidewalk improvements in conjunction with the F.Y. 2010 Sidewalk Repair Assessment Program - Zone 9, Contract No. 765", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-780. 129601 - Steve Schmitt/Welper that "Resolution fixing value of lots in conjunction with the F.Y. 2010 Sidewalk Repair Assessment Program - Zone 9, Contract No. 765", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-781. 129602 - Steve Schmitt/Welper that "Resolution adopting preliminary plat and schedule of assessments and estimate of costs in conjunction with the F.Y. 2010 Sidewalk Repair Assessment Program - Zone 9, Contract No. 765", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-782. 129603 - Steve Schmitt/Welper that "Resolution of Necessity (Proposed) setting date of hearing as August 24, 2009, at 5:30 p.m. in the City Hall Council Chambers on F.Y. 2010 Sidewalk Repair Assessment Program - Zone 9, Contract No. 765", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-783. 129604 - Hart/Reggie Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Sidewalk Repair Assessment Program - Zone 9, Contract No. 765, be received, placed on file and approved. Ayes: Seven. Motion carried. • • • • August 3, 2009 New Business continued 129605 - Hart/Reggie Schmitt Page 15 that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Sidewalk Repair Assessment Program - Zone 9, Contract No. 765, be received and placed on file. Ayes: Seven. Motion carried. 129606 - Hart/Reggie Schmitt 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. 2009-784. 129607 - Hart/Reggie Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as August 24, 2009 at 5:30 p.m. in the City Hall Council Chambers 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. 2009-785. 129608 - Hart/Reggie Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Sidewalk Repair Block Grant Program - Zone 9, Contract No. 766, be received, placed on file and approved. Ayes: Seven. Motion carried. 129609 - Hart/Reggie Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Sidewalk Repair Block Grant Program - Zone 9, Contract No. 766, be received and placed on file. Ayes: Seven. Motion carried. 129610 - Hart/Reggie Schmitt 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. 2009-786. 129611 - Hart/Reggie Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as August 24, 2009 at 5:30 p.m. in the City Hall Council Chambers 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. 2009-787. ORAL PRESENTATIONS 129612 - Mayor Hurley noted that an e-mail was received from Brian Burton. Mayor Hurley stated he has been a proponent, as well as council, over the years of the Youth Pavilion and the things that the Center for the Arts and our other quality of life departments do. He has been watching the success of the Center for the Arts, particularly the Phelps Youth Pavilion. Mayor Hurley explained that the Youth Pavilion had 44,000 total patrons in the first year. In the last 6 months, they have had 15,500 to the Youth Pavilion alone, which is an average of about 2,600 monthly. The previous six months they had an average of about 2,450 to 2,475 per month so the numbers are up. They projected $47,500.00 in revenue and received $78,330.00. They projected $5,000.00 for birthday parties and are at just under the $10,000.00 level. They have had sponsorships from Allen Hospital, Cedar Valley Promise and the McElroy Trust for various portions of getting the kids to the Youth Pavilion. They received $90,000.00 in grant revenue over that. Room rental was projected at $50,000.00 and so far they have received $62,500.00. Mayor Hurley noted the Center For The Arts approved budget for FY09 came in almost $88,000.00 less than what we said we needed to support their operations. August 3, 2009 Page 16 Oral Presentations continued Councilperson Cole thanked the organizers of the Irish Fest who did an absolutely magnificent job. They had great music, perfect weather and nearly 20,000 people attended. Welper/Steve Schmitt that the above oral comments be received and placed on file and the Council adjourn at 7:29 p.m. Ayes: Seven. Motion carried. L'I'\01dykt 15L41.432. -- Nancy Eckirt, CMC City Clerk • •