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HomeMy WebLinkAboutMinutes-08/24/2009• • August 24, 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 24, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Mayor read a Prayer. Pledge of Allegiance: Eric Thorson, City Engineer. 129667 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, August 24, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 129668 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 17, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Comments from Firefighter regarding the MDA Boot Block to be held on Labor Day weekend. Mayor Hurley read a Proclamation declaring the last week of August 2009 as National Bowling Week. CONSENT AGENDA 129669 - 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. 1-56, dated August 24, 2009, in the amount of $3,334,092.77, 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. 2009-824. 2. Communication from City Clerk transmitting request of Spicoli's Grill, 3555 University Avenue, for a variance to the Noise Ordinance on September 6, 2009 from 5:00 - 9:30 p.m. in conjunction with a car show in the parking lot along with a band. Resolution adopted and upon approval by Mayor assigned No. 2009-825. b. Motion to approve the following: 1. Cheryl Huddleston, Human Resources Manager, to attend NPELRA Academy II and IPELRA Annual meeting on September 9-11, 2009, with costs not to exceed $657.96. 2. Bob Stringer, Human Resources Director, to attend NPELRA Academy II and IPELRA Annual meeting on September 9-11, 2009, with costs not to exceed $657.96, including use of city vehicle. 3. Nick Dunn, Signal Technician I; and Craig Hintzman, Signal Technician II; to attend Advanced ASC/3 Controller Programming Training Course in Woodridge, Illinois on September 14-16, 2009, with costs not to exceed $765.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Expresso Cafe Oasis, 307 West 5th Street Sunday Sales) Casey's 218 Pub, 4010-4018 University (Includes Sunday Sales) Casey's Pub & Eatery, 1125 W. Donald (Includes Sunday Sales) (Renewal) (Expires 9/15/10) Includes Avenue (Renewal) (Expires 9/30/10) Street (Renewal) (Expires 9/23/10) August 24, 2009 Page 2 Consent Agenda continued d. Outdoor Service Area Application Casey's 218 Pub, 4010-4018 University Avenue Casey's Pub & Eatery, 1125 W. Donald Street Spicoli's, 3555 University Avenue for September 6-7, 2009 Ayes: Seven. Motion carried. ASSESSMENT HEARING 129670 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on F.Y. 2010 Sidewalk Repair Assessment Program - Zone 9, Contract No. 765, as published in the Waterloo Courier on August 6, 2009 and August 13, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129671 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported that letters of opposition were received from Nancy White for property located at 312 Charles Street and Cathy Damm for property located at 235 Lewis Street. Reverend Denita Williams, Pastor of Payne Memorial Church, stated that they received information that they needed to repair their sidewalks. They made the repairs and now she thinks she has received an assessment fee. Mayor Hurley asked Reverend Williams to visit with staff members in the audience and they will straighten out the paperwork. Greenwood/Steve Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 129672 - Greenwood/Steve Schmitt that "Proposed Resolution of Necessity, as proposed, for 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. 2009-826. HEARINGS & BIDS 129673 - Steve Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2010 Sidewalk Repair Assessment Program - Zone 9, Contract No. 765, as published in the Waterloo Courier on August 7, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129674 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Seven. Motion carried. 129675 - Steve Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 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. 2009-827. 129676 - Steve Schmitt/Welper that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-828. • • • • August 24, 2009 Hearings & Bids continued 129677 - Steve Schmitt/Welper Page 3 to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount B & B Builders and Supply, Waterloo, IA 5% $160,194.02 TI-ZACK Concrete, Inc., Le Center, MN 5% $195,377.85 Ayes: Seven. Motion carried. Councilperson Hart noted that we just opened the bids for Contract No. 765, and he asked if the numbers we received for the bid are significantly less than the proposed assessments, will the property owners be assessed the lower amount. Mayor Hurley responded property owners would be assessed the lower amount. 129678 - Getty/Hart that proof of publication of notice of public hearing on F.Y. 2010 Sidewalk Repair Block Grant Program - Zone 9, Contract No. 766, as published in the Waterloo Courier on August 7, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129679 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. 129680 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Sidewalk Repair Block Grant Program - Zone 9, Contract No. 766", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-829. 129681 - Getty/Hart that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-830. 129682 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder B & B Builders and Supply, Waterloo, IA TI-ZACK Concrete, Inc., Le Center, MN Ayes: Seven. Motion carried. 129683 - Welper/Reggie Schmitt Bid Bond Bid Amount 5% $32,775.15 5% $35,270.25 that proof of publication of notice of public hearing on 2009 Riverview Recreation Area Trail Enhancements, as published in the Waterloo Courier on August 14, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129684 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Reggie Schmitt that the hearing be closed. Ayes: Seven. Motion carried. August 24, 2009 Hearings & Bids continued 129685 - Welper/Reggie Schmitt Page 4 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2009 Riverview Recreation Area Trail Enhancements", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-831. 129686 - Welper/Reggie Schmitt that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-832. 129687 - Welper/Reggie Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder B & B Builders, Waterloo, IA DC Corp, Waterloo, IA Dolan Concrete, Waterloo, IA Stickfort Construction, Cedar Falls, IA Cedar Valley Corp., Waterloo, IA Ayes: Seven. Motion carried. UNFINISHED BUSINESS 129688 - Hart/Steve Schmitt Bid Amount $52,800.00 $65,600.00 $63,040.00 $57,600.00 $71,800.00 that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of $93,782.00 to KWS, Inc. of Cedar Falls, Iowa in conjunction with US 218/Washington St. & 18th St./Williston Ave., CS -TSF -8155(706)-85-07, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-833. DOCUMENTS 129689 Hart/Steve Schmitt that communication from Associate Engineer transmitting Change Order No. 10 for a net increase in the amount of $5,738.43 for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Riverwalk Loop Trail - E 6th to 18th (Vinton St.), Contract No. 696, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 129690 - Hart/Steve Schmitt that communication from Community Development Director transmitting Neighborhood Stabilization Program First Amended and Restated Contract with Iowa Department of Economic Development for funding in the amount of $850,570.00 to be used for eligible clients on the redevelopment of abandoned and foreclosed upon homes and residential properties to stabilize and revitalize neighborhoods, 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. 2009-834. • • • • • r August 24, 2009 Page 5 Documents continued 129691 - Getty/Cole that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. at a total cost of $992,274.59 in conjunction with F.Y. 2007 Riverwalk Loop Trail - E. 6th to 18th (Vinton St.), Contract No. 696, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-835. 129692 - Getty/Cole that communication from Director of Cultural & Arts Commission transmitting application with Guernsey Charitable Foundation for a grant in the amount of $10,000.00, with no required local match, to be used to support exhibit enhancements in the Phelps Youth Pavilion, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-836. 129693 - Getty/Cole that communication from Police Chief transmitting COPS Hiring Recovery Program grant with U.S. Department of Justice Community Oriented Policing Services (COPS) for five new police officer positions and $1,062,785.00 in federal funds over a three-year grant period, with the requirement to retain all sworn officer positions awarded under this program for a period of one year upon completion of the grant, 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. 2009-837. 129694 - Reggie Schmitt/Welper that communication from City Planner transmitting agreement with Iowa Department of Economic Development for Community Development Block Grant (CDBG) Hazard Mitigation Grant Program 1763 Structural Acquisition funds in the amount of $857,352.00 to be used for the city's 15 percent local match to acquire on a voluntary basis structures damaged or destroyed in the 2008 floods, 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. 2009-838. 129695 - Reggie Schmitt/Welper that communication from City Planner transmitting an amendment to Development Agreement with MAKO WATERLOO CORPORATION for the redevelopment of the Rath Administration Building at 1515 Sycamore Street to extend completion date for improvements to September 1, 2011, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-839. 129696 - Reggie Schmitt/Welper that communication from Police Chief transmitting award of FY09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation in the amount of $441,589.00, with no required local cash match, from the Department of Justice Office of Justice Program to be used in funding the Tri -County Drug Task Force, 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. 2009-840. August 24, 2009 Page 6 RESOLUTIONS TO BE ADOPTED 129697 - Cole/Reggie Schmitt 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, at the rate of one percent to be effective January 1, 2011, with no change in current language and rescind Resolution No. 2009-769 in its entirety", 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. Former Mayor Bernie McKinley thanked the mayor and council for this resolution as it gives him an opportunity to speak in support of Councilperson Getty's original request to take it back to where it was when it was first passed. Mr. McKinley stated his reason for this is that economic development projects, if they are worth it, should be able to generate enough taxes to pay off bonds that you would do to get that match. He thinks its too tempting of the city council to say yes it's okay for an economic development project, and sometimes those can be quite large. You can say yes because we have this fund, it will take care of our match. We don't have to worry about taking it out of general funds or bonding it. He thinks we would look at it a little stricter and say yes its a good project and we will bond for it. Mr. McKinley congratulated Councilperson Getty for the suggestion and he asked council to consider it again. Councilperson Getty inquired about rescinding Resolution 2009-769 in its entirety. His understanding of a motion being made whether it can be brought up by the pervading side at the next meeting, which wasn't done. He asked if this line takes care of getting rid of what we voted on the last time, and can this legally be done the way its stated. Jim Walsh, City Attorney, stated council is really replacing the resolution. It doesn't matter whether you rescind it or not. Whether you could rescind it at this late date he is not sure, but replacing the resolution certainly achieves that. You can't have both resolutions. Councilperson Steve Schmitt stated he would like to follow up on today's earlier e-mail conversation. Councilperson Steve Schmitt stated he echoes what former Mayor McKinley said, and he is very appreciative of the fact that we reversed the vote from three weeks ago and he thinks that is a good thing for the citizens of Waterloo and the citizens of the Cedar Valley. Councilperson Steve Schmitt stated there was discussion three weeks ago about some of this money being used for things other than repair. According to the minutes of that meeting, it appears that the figure is somewhere in the proximity of 5 to 6 percent in the last three years. Councilperson Steve Schmitt asked Michelle Weidner, Chief Financial Officer, if that is accurate. Ms. Weidner responded that she believes that sounds accurate. Councilperson Steve Schmitt stated that while he is happy with the fact that we are going back to the previous wording, he thinks we have discovered that with the previous wording there is this ability to use this money for things other than repair and reconstruction. During that conversation several of the council members and he were quoted in the minutes as saying that they supported some type of a cap, either a monetary cap or a percentage cap for the ability to use that fund. He would like to have another discussion tonight about whether or not we might add that wording to this resolution. Mrs. Weidner sent mayor and council members an e-mail today with suggested wording to add that cap of roughly 6 percent, and he is wondering if this might be something we want to talk about tonight and finalize. Mayor Hurley stated that one of the things that we need to dispel because Councilperson Steve Schmitt's phraseology of other than leads people to believe that we are going to plant grass or flowers or whatever. Its 100 percent for streets, it always was and always will be 100 percent for streets. Mayor Hurley noted that what we did three weeks ago is mute now, but he thought that presented a tremendous opportunity to stretch the dollars to enhance investment and to give us another arrow in our quiver to bring down property taxes. Mayor Hurley stated he just wanted to state and clarify that there is no other use other than 100 percent for streets. Councilperson Cole suggested to Councilperson Steve Schmitt that rather than put everyone through the same discussion that we had maybe he could offer an amended motion. If it dies for lack of a second then he has made his point and the council speaks. • • • • August 24, 2009 Resolutions to be Adopted continued Councilperson Reggie Schmitt stated that he feels the previous comments from the Council Member At -Large Steve Schmitt are confusing everyone because we have never spent 5.6 percent on improvements. We added improvements by resolution three weeks ago. The 5.6 percent was for new construction only, and we are talking that out. The wording improvements was never in the resolution before, we added it, so there has been no money spent on improvements ever. On the second part of that, the one percent is still going towards roads. The language on the new construction said only if there was matching state and federal funds. We removed state and federal funds, and now we are putting that back in. We have not spent, could not spend based on the previous referendum, money for anything other than streets. And that is what we are going back to. Councilperson Getty asked what projects were the $7 million and $2 million extra being spent on that Councilperson Reggie Schmitt talked about. Mayor Hurley responded $2.2 million was earmarked over a three year period for new construction match. There were about half a dozen different projects. Page 7 Councilperson Cole noted that the VGM road was one of them. Councilperson Getty noted that was added the last time. Mayor Hurley responded that was added five years ago and passed in Waterloo by 86 percent. Councilperson Getty said that is exactly right, but then it was said it wasn't used on new roads or construction. Councilperson Reggie Schmitt responded he said not on improvements. The 5 percent that was mentioned earlier was spent on new construction not on improvements. Councilperson Steve Schmitt stated but he thinks the point former Mayor McKinley was speaking is that this was designed for repair of existing roads and the wiggle room that we create is that well this time it was $2 million out of $7 million, it was 5.6 percent. There is nothing that he is aware of that would stop a council. Mayor Hurley stated it wasn't $2 million out of $7 million, it was $2.2 million out of $27.2 million. Councilperson Steve Schmitt stated there is nothing to stop a future council, and he thought that was why Mayor Hurley said at that meeting that would take the pressure off a future council by putting a hard cap on there. Mayor Hurley noted that the way we were going, he thought a cap would work but its not where we are at now. Councilperson Steve Schmitt stated he is curious about what changed because Councilperson Cole supported a cap and Councilperson Reggie Schmitt supported a cap at that meeting. Mayor Hurley stated here is what changed. We have that language that we passed by four to three. We created an unnecessary stir but it was fruitful and useful. He met with the other big player in the six contiguous cities, the City of Cedar Falls and their staff, his staff, the Metro Coalition for Better Streets which is a Waterloo/Cedar Falls effort that comes together every time we renew this, and our own Waterloo Local Option Sales Tax Oversight Committee, which has been around since shortly after former Mayor McKinley got this rolling. The sentiment was very strong that we didn't want to mess with a 90 percent or 9 out of 10 endorsement the last two elections for what we were doing. Its a time nationally of growing mistrust for government, and it filters down to state and down to local. There is no reason for us to tamper or endanger that in the eyes of the leadership of this community, so that is what changed. When this was first enacted in the first year, we took in a little over $4 million and we have more than doubled that now. We are doing just as many miles of street, blocks of street, lane miles of street, and depth of streets as we were doing five years ago. The increase in revenues is keeping up with the inflationary costs and keeping us doing the same number of repairs and recon. We were able to turn around and commit some of that money to match at 5.86 percent, which resulted in hundreds of jobs, new residents, and people who are spending money building that local option sales tax. We have come back full circle and we are okay. August 24, 2009 Resolutions to be Adopted continued Page 8 Forrest Dillavou spoke in favor of the cap because recently in the paper it stated that the city can spend as much as it can get matching funds. Therefore, if you had enough matching funds you could pull any percentage you want to out of there for new constructions, for VGM or anybody else you want to. Mr. Dillavou stated he thinks we need a cap and we need it low. Steve Schmitt/Greenwood that the above motion be amended to add "with such cumulative allocation of funds not to exceed 6 percent of the sales and service tax collected and such construction to occur within the corporate limits of the City of Waterloo". Councilperson Hart stated the citizens this time. These are important dollars improvements so he doesn't know what we if it doesn't. We better make sure the to right now without a doubt. better know exactly what we are doing to places that may not be able to get have to do if this amendment passes or residents know what we are changing it Mayor Hurley stated the resolution on table is the same language that was passed by nine out of ten voters. Mayor Hurley stated that he has a veto letter ready if this amendment would pass because he has a commitment with those organizations and the City of Cedar Falls that we would both go back to the original language. He does not want to dishonor that commitment that he carried to that group as Mayor of the City of Waterloo. Councilperson Hart asked in case there is a veto what time frame are we facing. Mayor Hurley responded we will do it tonight because we have to walk it over one way or another by 9:00 a.m. tomorrow. The council will need five votes to override his veto. A vote was taken on the amended motion with the following result. Ayes: Four. Nays: Cole, Welper, Reggie Schmitt. Motion carried. 129698 - Jim Walsh, City Attorney, asked to delay the meeting for a minute because he wanted to review the statute on the veto as he is not sure it all can be done in one night and we are facing a deadline. Mayor Hurley called for a recess at 6:19 p.m. Mayor Hurley reconvened the meeting at 6:30 p.m. with all council members present. Mr. Walsh stated he wanted verified that the veto statute, which is a state statute, would allow the mayor to veto the resolution tonight. The statute does allow Mayor Hurley to veto tonight as long as the mayor has a written statement he can deliver to the council. Mayor Hurley stated that he does have the letter. Mayor Hurley reiterated that only $2.2 million out of $27.2 million has been used for new construction, and the only use is for streets, streets, streets. Mayor Hurley stated he thinks what has been stated is the concern that 100 percent isn't going for repair and recon, but what we did by entitlement of 9 out of 10 of the voters of this city five years ago was apply that prudently to projects that were already committed. They were projects that were committed that created hundreds of jobs, millions in investment, and tax base growth, which over a short period of time he is convinced would more than pay for that $2 million. Mayor Hurley stated Councilperson Steve Schmitt asked what changed, and he is asking rhetorically what changed from last week when he contacted each member of council individually and laid out what Metro Coalition, the Local Oversight Committee and the mayors and staff of both cities had arrived at. Every council member said good idea great lets go back and lets move on, and now we have this. Mayor Hurley stated he doesn't mind the cap, the idea of the cap properly stated is fine, but he wishes council had done it three weeks ago. What he minds tonight is being put into the position of going back on his word to the City of Cedar Falls, to the Metro Coalition, to the Oversight Committee and to those 9 out of 10 voters. A vote was taken on the original motion with the amendment with the following result. Ayes: Four. Nays: Cole, Welper, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-841. • • • • • r August 24, 2009 Resolutions to be Adopted continued Page 9 129699 - Mayor Hurley read his veto letter as follows: I respectfully veto the resolution adopted on this date that makes changes in the current language governing the use of our one -cent local option sales tax for street repair, reconstruction and construction. My reason for vetoing council's changes is that we based tonight's agenda proposal on an understanding with the City of Cedar Falls, our Waterloo L.O.S.T. Oversight Committee and the Metro Coalition for Better Streets that we would return to the language currently in place. No more, no less. That agreement was driven by respect for the people's voice as well as their trust. I don't believe we want to tamper with either. In addition, the changes proposed in your amended resolution would make it more difficult to attract new investment, new jobs and lower property taxes in succeeding years. Mayor Hurley noted that if his veto holds up the resolution proposal is over, it is done and we go back to the original resolution. Mayor Hurley noted he is vetoing the resolution just passed four to three with the cap. If the council votes to override his veto the resolution with the cap would be adopted. Mayor Hurley noted the reason we are not extracting this is that we have a very narrow window of opportunity about 14 hours to get our amended language over to the office of elections. Councilperson Getty stated that is part of the problem they have had with this resolution. Its brought to the council one week and supposed to be passed and sent across the street the next week instead of the timely manner of arriving to council to let them look at it, digest it, talk about it and then vote on it. Mayor Hurley stated we moved fast on this because there is a timeline for getting it on the November 3, 2009 ballot. This current language doesn't run out for 16 months, so he would say we are being very timely. Once we decided to get it on the November 3, 2009 general election ballots so that we could save the citizens $20,000.00, the clock was ticking. Steve Schmitt/Getty that Mayor Hurley's veto be overridden. Ayes: Four. Nays: Cole, Welper, Reggie Schmitt. Motion failed. 129700 - Welper/Reggie Schmitt 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, at the rate of one percent to be effective January 1, 2011, with no change in current language and rescind Resolution No. 2009-769 in its entirety", 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. Councilperson Greenwood stated he likes the idea of the cap, but he respects what Mayor Hurley said this evening, and he thinks we need to put it on the ballot. Councilperson Greenwood stated that as the steward of the money for the City of Waterloo the past performance of what we spent out of that fund has been 5.6 percent. He knows there will be some changes coming on the council, but he thinks as stewards of the city's money that we know the consensus of the voters, what they want and they want streets repaired. As long he is here, he will make sure that the majority of that money is spent for reconstruction of the streets. Mayor Hurley noted that whenever the monies are used council has a chance to approve that. Council has a chance to approve the contracts, the award of contracts and all of that, and even when its used for the new streets portion, item number 2 in the language council has an opportunity to approve. There are development agreements, design contracts, bid openings and council approves the bidder. There are several other steps all the way down to when its in the bills payment, when Council has checks and balances on where that money goes and how much of it. Councilperson Steve Schmitt noted that previously the wording of our resolution and the wording of Cedar Falls was not the same. Mayor Hurley responded similar, but never the same. Councilperson Steve Schmitt stated that going forward our resolution and Cedar Falls' resolution will not necessarily be the same. August 24, 2009 Page 10 Resolutions to be Adopted continued Mayor Hurley responded no not on the uses. Councilperson Steve Schmitt asked what difference does it make if there is a 6 percent cap on there or there is not. Mayor Hurley stated that the agreement we have is they are going back to their existing language. They pulled out traffic lights, structures, bridges. So they are going back to their original language which was agreed by the elected officials. Councilperson Steve Schmitt asked other than that agreement what effect will having that 6 percent on there have on Cedar Falls. Councilperson Steve Schmitt stated that three weeks ago when we were talking about this he said maybe we can work on this and maybe talk about this and Mayor Hurley said nope we have to vote tonight, tonight is the deadline. Mayor Hurley stated that he was surprised to learn that we had this narrow window. Councilperson Hart stated his original concerns have remained the same regardless of what everybody else is talking about, and that was the 5.6 or 5.8 percent that was divided was not in the Fourth Ward. His ward is receiving 94.4 percent of whatever remaining dollars, not the other 5 percent that was spent outside of his ward. There has been a conversation about economic development. It happens in certain areas a lot quicker than others. We have made some leaps and bounds in Ward 4, but that was his concern from the beginning. When the cap was proposed that is where he is at because if it goes up higher or if it goes down lower he wants to make sure there is equitably in his ward. Mayor Hurley noted that he doesn't think that Wards 4, 1, 2, 3, or 5 have been shorted with the normal progression of monies addressed to the repair and reconstruction of streets. The fund has grown to a point where we are able to keep up with the same number of streets, however you want to measure it. We have been able to be very equitable in each of the five wards in repair and reconstruction. We are putting money into any ward based upon a developmental agreement or economic packages. We work like crazy to make sure that every ward is getting a chance at economic development, but at the end of the day we don't make the decision. The people who run the companies make those decisions about where they are going to locate, where they are going to expand, etc. Mayor Hurley stated he doesn't think that Ward 4 has been shorted in any recon or repair monies. Councilperson Hart stated he doesn't think he said shorted. A11 he is saying is that 5.8 percent or 5.6 percent goes for economic development issues, and, therefore, 94 percent is divided among the five wards. Following comments a vote result. Ayes: Four. Nays Resolution adopted and upon 129701 - Cole/Reggie Schmitt was taken on the above motion with the following Getty, Hart, Steve Schmitt. approval by Mayor assigned No. 2009-841A. that "Resolution endorsing the use of ARRA funds for construction of the River Renaissance Trail from Washington Street to 18th Street on the south side of the Cedar River", be adopted and Mayor authorized to execute and submit same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-842. 129702 - Cole/Reggie Schmitt that communication from Mayor Tim Hurley transmitting request of National Cattle Congress for council discretionary hotel/motel funds in the amount of $2,400.00 to fund eight ViAge Handheld I.D. Readers, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Nays: Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-843. • • • • • August 24, 2009 ORDINANCES TO BE ADOPTED 129703 - Steve Schmitt/Greenwood Page 11 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 402 to Section 2A-5, Rezoning Certain Property", (request of John Rice to rezone from "C-1" Commercial District to "C- 2" Commercial District With Conditions approximately 1.04 acres generally located at 2260 Independence Avenue at the southeast corner of Independence Avenue and Bishop Avenue for purpose of establishing an auto sales lot with incidental repair and tire and detailing shop), be received, placed on file, considered and passed for the third time and adopted. Ayes: Six. Nays: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4953. 129704 Getty/Reggie Schmitt that "an Ordinance amending the 2008 Traffic Code to prohibit parking on the north side of the 1000 block of Martin Road", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 129705 - Getty/Reggie Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 129706 - Getty/Reggie Schmitt that "an Ordinance amending the 2008 Traffic Code to prohibit parking on the north side of the 1000 block of Martin Road", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4954. 129707 - Reggie Schmitt/Welper that "an Ordinance amending the 2008 Traffic Code to prohibit parking on the west side of the 1100 block of Idaho Street and post no parking here to corner on the south side of Alta Vista in a westerly direction from Idaho Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 129708 - Reggie Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 129709 - Reggie Schmitt/Welper that "an Ordinance amending the 2008 Traffic Code to prohibit parking on the west side of the 1100 block of Idaho Street and post no parking here to corner on the south side of Alta Vista in a westerly direction from Idaho Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4955. NEW BUSINESS 129710 - Cole/Reggie Schmitt to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2009 Riverfront Stadium Grandstand ADA Ramp Project - 850 Park Rd., Waterloo, be received, placed on file and approved. Ayes: Seven. Motion carried. 129711 - Cole/Reggie Schmitt that plans, specifications, form of contract, etc. in conjunction with 2009 Riverfront Stadium Grandstand ADA Ramp Project - 850 Park Rd., Waterloo, be received and placed on file. Ayes: Seven. Motion carried. August 24, 2009 Page 12 New Business continued 129712 - Cole/Reggie Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-844. 129713 - Cole/Reggie Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as September 8, 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. 2009-845. ADJOURNMENT 129714 Cole/Reggie Schmitt that the Council adjourn at 6:53 p.m. Ayes: Seven. Motion carried. • Nancy Ev. ert, CMC City Clerk • •