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HomeMy WebLinkAboutMinutes-03/08/2004• • March 8, 2004 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, March 8, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. ORAL PRESENTATIONS 119488 - Jerry Shatzer, 1829 West 7th Street, asked if the Police Officers working at the schools are full-time employees. Tom Jennings, Police Chief, responded those officers are at the schools nine months out of the year. Mr. Shatzer stated that the City of Cedar Rapids Police Department does not have full-time officers assigned to the schools, that the schools just call if they need them. Chief Jennings responded that $140,000 of the salaries for the School Resource Officers is paid by the Waterloo School District, and that the Cedar Rapids Police Officers work 12 hours shifts and are assigned duties including the schools. 119489 119490 Mr. Shatzer stated he believes there could be an energy shortage, and we are entering the first phase where consumption will outpace supplies because China is coming on stream and will consume a lot of energy. Mr. Shatzer stated he feels there is a market for wind energy, and he believes there could be an opportunity for people to buy into a co-op. Mr. Shatzer stated he feels it would be a big mistake if we don't do it now, and he would like the council to seriously consider wind energy. Welper/Gunderson that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. - Clark/Cole that the Agenda, as proposed, for the Regular Session on Monday, March 8, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. - Clark/Cole 119491 - that the Minutes, as proposed, for the Regular Session on Monday, March 1, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA Welper/Schmitt that the following items approved: a. Communication an exception prairie grass Logan Avenue, on the consent agenda be received, placed on file and from City Clerk transmitting request of Bruce T. Stiles for to burning yard waste to burn approximately 23 acres of located on the north side of Big Rock Road, 1/ mile west of from March 20, 2004, through April 24, 2004, together with recommendation of approval of the Leisure Services Director, Superintendent of Waste Management Services and Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2004-108. b. Communication from Police Chief transmitting request of YMCA Health Enhancement Director to hold 2004 Family YMCA 5K Fun Run on April 24, 2004, starting at 9:00 a.m., with route to begin and end at YMCA. c. John Kehoe, Chief Electrical Inspector, to attend Iowa Chapter Annual Educational meeting for International Association of Electrical Inspectors in Okoboji, Iowa, on April 4-7, 2004, with costs not to exceed $490.00, including use of city vehicle. d. Paul Huting, Leisure Services Director, to attend Iowa Park and Recreation Association State Conference in Des Moines, Iowa, on April 4-7, 2004, with costs not to exceed $538.00, including use of city vehicle. e. Kent Shankle, Cultural & Arts Curator, to pick up exhibition in Lafayette, Indiana, on March 13-14, 2004, with costs not to exceed $606.00, including use of city vehicle. March 8, 2004 CONSENT AGENDA CONTINUED Page 2 f. Aaron McClelland, Police Officer, to attend Firearms Instructor Certification Course in Johnston, Iowa. on April 4-16, 2004, with costs not to exceed $786.00, including use of city vehicle. g• Joe Leibold, Police Sergeant, and Jeff Duggan, Police Investigator, to attend Practical Homicide Investigations Course in Arlington Heights, Illinois, on March 21-24, 2004, with costs not to exceed $1,613.00, including use of city vehicle. h. Communication from Mayor Hurley transmitting recommendation of reappointment of Larry Herzog to the Telecommunications Commission, with term expiration date of December 1, 2006. i. Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Rebecca Penhollow to the position of Clerk I, effective at mutually agreed upon date. J. Beer/Liquor License Permit Application Class C Catherine Doyle's Pub, 504 Sycamore Street (Renewal) (Expires 3/7/05) (Includes Sunday Sales) Babes Tap, 210 Division Street (Renewal) (Expires 3/14/05) (Includes Sunday Sales) The Ground Round Restaurant, 1425 San Marnan Drive (Renewal) (Expires 3/31/05) (Includes Sunday Sales) Buck's Broken Antler, 910 West 5th Street (New) (Expires 3/15/05) (Includes Sunday Sales) k. Beer License Permit Application Class B Monte Meyer Pro Shop, Inc., 1830 E. Shaulis Road (Renewal) (Expires 3/14/05) (Includes Sunday Sales) 1. Outdoor Service Area Application Monte Meyer Pro Shop, Inc., 1830 E. Shaulis Road (3/15/04 thru 3/14/05) Hy -Vee, 4000 University Avenue (4/29/04 thru 9/12/04) m. Bonds. Ayes: Seven, with Councilperson Clark abstaining on beer/liquor license for Buck's Broken Antler. Motion carried. BUDGET HEARING 119492 - Welper/Greenwood that proof of publication of notice of public hearing on the FYE2005 Budget, as published in the Waterloo Courier on February 26, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119493 - This being the time and place of public hearing, the Mayor called for written and oral objections. Michelle Weidner, Chief Financial Officer, gave a power point presentation on Budget Basics FYE05, a copy of which is on file in the City Clerk's office. The presentation included items such as where property tax dollars go, how the tax levy is set, special levies used by the city, state impact on the tax levy, how property taxes are calculated, who pays property taxes, valuation trends for 1986-2005, assessed values and taxable values for FYE05, property taxes collected for 1994-2005, property tax levy trends through FYE2005, property tax trends, how a tax bill is determined, funds used to provide services, number of city employees from 1995 through 2004, how property tax dollars are used, activities general fund property tax dollars are used for, types of things paid with general fund property tax dollars, comparisons with other Iowa cities of taxes collected, population, employees, levy rate, revenue sources and cost of living, and items impacting the FYE05 Budget. Mayor Hurley stated he hopes the comparison information dispels rumors that Waterloo is an expensive place to live and recreate when it is not. Doug Miller, 6415 Kimball Avenue, stated he wished we could recognize as a group we have high taxes and need to do something about them and work cooperatively to provide services more efficiently. Mr. Miller stated that council members and department heads need to work together to come up with those ideas. Mr. Miller stated he feels we need to recognize taxes are too high and work toward reducing them instead of justifying increases and shouldn't blame iillstate or the past. Mr. Millerated the city needs to March 8, 2004 • • BUDGET HEARING CONTINUED Page 3 look at what they can do to make taxes cheaper for citizens, mainly senior citizens. Mr. Miller challenged the council to find a better way of doing business and restructuring city government and to ask the private sector for input. Dorothy Sallis stated she has lived in Waterloo for 59 years and has been a taxpayer for 49 years. Ms. Sallis stated she is concerned that taxes are going up as she is retired and on a fixed income. Ms. Sallis stated the presentation helped her understand what goes on with the budget, but she has her problems, too. Ms. Sallis stated she doesn't know what to tell the council as they have cut here and there, but maybe the city should look for volunteers as a lot of retirees will volunteer. Ms. Sallis stated she likes living in Waterloo and wants to stay here. Ms. Sallis asked if Waterloo gets a casino will property taxes go down, and Mayor Hurley responded that hopefully they will. Ben Stickley, 1626 Franklin Street, explained that he owns an apartment with one unit down, two units up and an efficiency apartment on the side. Mr. Stickley stated when he first purchased the apartment it was listed as residential property, then residential/commercial and now it is listed as commercial property. Mr. Stickley stated he is thinking about converting the building to a one unit home, as he pays for three sewers and garbage service for three units, pays high taxes and hasn't rented it out in two years. Mike McCrary, 438 Walnut, stated he is concerned about the potential for decrease of revenue because he personally knows people who have moved to Dike. Mr. McCrary explained there are many small cities people are moving to avoid high taxes. Mr. McCrary reported he has read that 11,700 people live outside the city and commute in. Mr. McCrary stated if the city continues to raise taxes more people will move out and commute in. Mr. McCrary asked if any research has been done to look at the number of people moving away and commuting to work in this community. Mr. McCrary stated that Dike has had an explosion of homes. Mr. McCrary stated they made the decision to live in Waterloo because a lot of good things are happening, and to make it appealing to live, work and start a business in Waterloo we need to try to lower taxes. Clark/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 119494 - Mayor Hurley presented his proposed budget. Mayor Hurley stated the budget process started in January when department head submitted budget requests. Department Heads were given guidelines and the number one guideline was no increase in services. Mayor Hurley stated he met individually with department heads and then again with Ms. Weidner. After review with the department heads, Mayor Hurley explained he went through the budget book and did line item by line item cuts and then work sessions were held with council members. Mayor Hurley proposed a levy rate of 18.79, which is 4.97 percent increase in the city's share of taxes collected. Mayor Hurley stated his proposed budget keeps the Police Department at the authorized strength of 119, increases funding to MET Transit of $50,000. Mayor Hurley stated his proposed budget pushes more spending from the General Fund to the capital side as the city will have to borrow to buy radios for the Building Inspection Department and Police Department. Mayor Hurley stated his proposed budget includes short term borrowing for retirements. Mayor Hurley stated he has been aggressive with the Department Heads for additional revenue. This budget implements a policy change as the city will use more hotel/motel tax funds for city purposes, it re -aligns the Mayor's Youth Initiative Program, eliminates funding for the Jr. ROTC Program, and reduces funding to KBBG by 50 percent. Mayor Hurley stated his proposed budget has zero tolerance for department heads, reduces the quality of life, travel and training are greatly reduced and two employees will be laid off. Mayor Hurley stated that Fire Rescue is likely to have to take equipment out of service mid year because they will be out of overtime, and response time for non -emergency calls will fall. Clark/Schmitt that "Resolution approving FYE2005 total property taxes collected in the amount of $33,494,416.00 with a tax levy rate of $18.79 per one thousand dollars of assessed valuation", be adopted. Prior to a vote on the above motion, the following comments were heard. March 8, 2004 Page 4 BUDGET HEARING CONTINUED Councilperson Clark stated this budget reduces commended Mayor Hurley. Councilperson responsibility is to be responsive to the services. the levy rate from last year and Clark stated the council's citizens and be responsive to Councilperson Gunderson stated he is concerned that by not knowing what the state is going to do, with this levy rate the city would have to lay off police and fire personnel. Councilperson Gunderson stated he would like to stay at last year's levy rate to give the city some buffer. Councilperson Gunderson stated from 1996 through 2001, the city used our savings to keep the tax rate down, and now we could be opening ourselves up for major disaster in May or June if the state reduces our tax credits. Councilperson Kincaid thanked Mayor Hurley and Department Heads as it took a lot of time beyond the normal work hours. Councilperson Kincaid stated he supports the 18.79 levy. Councilperson Greenwood stated he supports the 18.79 levy as it is far better then when we started. Councilperson Greenwood stated as Ms. Weidner showed there is $2 million in increased expenses which the city has no control, such as health insurance, pension costs and raises. Councilperson Greenwood stated he thinks there is a place in government for collaborative services, and we need to continue to look at the Waterloo School District, Black Hawk County and private business. Councilperson Greenwood reported that Ms. Weidner gave the council a ten year residential property tax history for FYE95 through FYE05 and the average percent of tax increase by the city was 0.56 percent and .40 percent for all taxing bodies. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Gunderson. Resolution adopted HEARINGS AND BIDS 119495 - Greenwood/Kincaid and upon approval by Mayor assigned No. 2004-109. that proof of publication of notice of public hearing on the F.Y. 2004 Street Reconstruction Program, Contract No. 675, as published in the Waterloo Courier on February 23, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119496 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Cole that the hearing be closed. Ayes: Seven. Motion carried. 119497 - Kincaid/Greenwood that "Resolution confirming contract, etc. in conjunction Contract No. 675", Resolution adopted 119498 - Welper/Gunderson that "Resolution ordering construction in conjunction with above be adopted. Ayes: Seven. Resolution adopted and upon approval 119499 - Gunderson/Schmitt approval of plans, specifications, with F.Y. 2004 Street Reconstruction be adopted. Ayes: Seven. and upon approval by Mayor assigned No. 2004-110. form of Program, said project", by Mayor assigned No. 2004-111. to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Aspro, Inc. & Subsidiaries Waterloo, IA Peterson Contractors, Inc. Reinbeck, IA Bid Bond Tied Items Allowed Base+Alt A Base+Alt B (Asphalt) (Concrete) Tied Items Not Allowed Base+Alt A Base+Alt B (Asphalt) (Concrete) Ayes: Seven. Moon carried. • • March 8, 2004 DOCUMENTS 119500 - Gunderson/Welper Page 5 that communication from Police Chief transmitting application for one-year grant with the Iowa Department of Justice Attorney General's Office, Crime Victim Assistance Division, in the amount of $69,734.88, with a city match of $17,433.72, to use to fund the Domestic Abuse Response Team (DART) program be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-112. 119501 - Kincaid/Cole that communication from Associate Engineer transmitting an agreement with Iowa Department of Transportation and Chicago Central and Pacific Railroad Company in the amount of $29,121.93, with city's share of $5,984.39, in conjunction with reconstruction of Barclay Street crossing 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. 2004-113. 119502 - Kincaid/Cole that communication from Associate Engineer transmitting an agreement with Iowa Department of Transportation and Canadian National/Illinois Central Railroad Company in the amount of $166,783.15, with city's share of $32,956.63, in conjunction with railroad crossing improvements at Dunham Place and Columbia Street 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. 2004-114. 119503 - Kincaid/Cole that communication from Community Planning and Development Director transmitting an agreement with WDC Properties to use the former Yen Ching property and the former Parrott & Wood property, which was previously deeded to the city, in conjunction and conformance with the Cedar Valley Riverfront Renaissance Project master plan 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. 2004-115. ORDINANCES TO BE ADOPTED 119504 - Welper/Clark that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Chapter 1, Building Code, and Article A, Building Contractors, of Chapter 1, Building Code, of Article 9, Building Regulations in their entirety; and enacting in lieu thereof new Chapter 1, Building Code, and Article A, Building Contractors, of Chapter 1, Building Code, of Article 9, Building Regulations (adoption of 2003 Edition of the International Building Code, 2003 Edition of the International Residential Code for One and Two Family Dwellings and 1997 Uniform Code for Building Conservation)", be received, placed on file, considered and passed for the second time. Prior to a vote on the above motion, the following comments were heard. Catherine Feldmann, 602 Cataract, stated she recognizes that a homeowner can build his/her own home under the supervision of a licensed contractor, but asked the council to consider there are people in the community who have the knowledge and skills to do their own work. Ms. Feldmann stated we need to understand supervision from the licensed contractors is not free which raises the cost of the building and asked the council to recognize that maybe another alternative could be used. Ms. Feldmann stated she knows it is a headache when inspectors have to keep going back, but not all homeowners are like that, and they have the knowledge and skills and are willing to follow the code. Ms. Feldman stated she understands the proposed ordinance was reviewed by the March 8, 2004 Page 6 ORDINANCES TO BE ADOPTED CONTINUED Contractors Board and they have the expertise, but this also puts money into the contractors' pockets. Ms. Feldmann stated that just because someone is a licensed contractor doesn't mean the work is done correctly. Ms. Feldmann stated that Waterloo is limited in development of residential areas and putting more restrictions on building a home can force people to Cedar Falls. Forest Dillavou, 1725 Huntington Road, stated he doesn't know how much contractors will charge or if they will even do the work. Lou Cutwright, Building Official/Maintenance Administrator, stated that homeowners are able to build their own home. If the homeowner is doing the framing themselves, they don't need supervision of a contractor, they just need to get a permit and build to code. Mr. Cutwright stated if a homeowner is building their own home, they will need to have a licensed contractor apply for the permits for plumbing, electrical and air conditioning. The homeowner can do all the work except they cannot install the air conditioning. Mr. Cutwright stated anyone can building their own home on their own lot. Mr. Cutwright stated he understands that people have the expertise to build their own home and some can do the electrical and plumbing work and they are issued a permit to do those things. Mayor Hurley stated that we are just adopting new building codes which are more friendly and our ordinance envelops these codes. Mayor Hurley stated if the homeowner is going to build their own home and are going to hire out the framing, the homeowner has to have a licensed contractor do the framing. If the homeowner wants to build their own home, they can still do that. In answer to a question from Councilperson Schmitt, Mr. Cutwright reported that Operation Threshold and Black Hawk County Habitat for Humanity are licensed contractors. Reed Hunemuller, Chairperson of the General Contractors Board, spoke in favor of the ordinance and stated that when a contractor builds the frame, he is responsible for that frame for 15 years. Mr. Hunemuller stated that persons doing roofing have to be licensed to work in Waterloo because after storms all kinds of people come in and cause trouble. Mr. Hunemuller stated that nobody wants to stop homeowners from doing work on their own home. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Schmitt. Motion carried. 119505 - Welper/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Schmitt. Motion carried. 119506 - Welper/Kincaid that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Chapter 1, Building Code, and Article A, Building Contractors, of Chapter 1, Building Code, of Article 9, Building Regulations in their entirety; and enacting in lieu thereof new Chapter 1, Building Code, and Article A, Building Contractors, of Chapter 1, Building Code, of Article 9, Building Regulations (adoption of 2003 Edition of the International Building Code, 2003 Edition of the International Residential Code for One and Two Family Dwellings and 1997 Uniform Code for Building Conservation)", be considered and passed for the third time and adopted. Ayes: Six. Nays: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4675. BILLS PAYMENT 119507 - Greenwood/Cole that "Resolution approving Schedule AP640, pp. 1-75, dated March 8, 2004, in the amount of $1,633,778.10, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-116. • • March 8, 2004 NEW BUSINESS 119508 - Schmitt/Gunderson Page 7 to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Sidewalk Repair Program - Zone 4, Contract No. 677, be received, placed on file and approved. Ayes: Seven. Motion carried. 119509 - Kincaid/Cole that plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Sidewalk Repair Program - Zone 4, Contract No. 677, be received and placed on file. Ayes: Seven. Motion carried. 119510 - Gunderson/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. 2004-117. 119511 - Kincaid/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 22, 2004, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-118. ADJOURNMENT 119512 - Welper/Gunderson that the Council adjourn at 7:16 p.m. Ayes: Seven. Motion carried. tC: Nancy ` ckert City Clerk