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HomeMy WebLinkAboutMinutes-09/19/2005• • September 19, 2005 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, September 19, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Greenwood, Clark, Schmitt, Gunderson, Welper. Absent: Cole. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 122307 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, September 19, 2005, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 122308 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, September 12, 2005, at 5:30 p.m. and Special Session of September 15, 2005, be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. CONSENT AGENDA 122309 - Welper/Kincaid 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 AP640, pp. 1-71, dated September 19, 2005, in the amount of $1,801,016.13, 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. 2005-846. 2. Communication from Police Chief transmitting request of Main Street Waterloo, the Waterloo Community Schools and the City of Waterloo to hold the Fun Run Against The Mayor event on September 29, 2005 from 9:00 a.m. to 12:00 Noon, with the event to begin at Lincoln Park to Park Avenue, to Jefferson Street, back up 4th Street to Lincoln Park. Resolution adopted and upon approval by Mayor assigned No. 2005-847. 3. Communication from Police Chief transmitting request of Pathways Behavioral Services to hold rd Annual Run, Walk and Roll for A Drug Free Community event on October 29, 2005 starting at 9:00 a.m., with the event to begin and end on the access road in front of the Pathways' building located at 3362 University Avenue. Resolution adopted and upon approval by Mayor assigned No. 2005-848. b. Motion -to approve the following: 1. Cheryl Huddleston, Human Resources Manager; and Bob Stringer, Human Resources Director, to attend Iowa Public Employer Labor Relations Association Annual meeting in Bettendorf, Iowa on September 29-30, 2005, with costs not to exceed $359.04, including use of city vehicle. 2. Barry Stratton and Paul Hansen, Code Enforcement Officers, to attend IowACE 2005 Fall Conference in Ames, Iowa on October 20-21, 2005, with costs not to exceed $308.00, including use of city vehicle. 3. Scott Lake and Jason Feaker, Police Investigators, to travel to Greenville, Illinois on August 23-24, 2005 for ongoing police investigation, with costs not to exceed $286.60, including use of city vehicle. 4. Rhonda Weber, Lab Officer, to attend Bloodstain Evidence Workshop in Evanston, Illinois on October 2-7, 2005, with costs not to exceed $1,798.10, including use of city vehicle. 5. Don Temeyer, Community Planning and Development Director; and Morgan Hoosman, Associate Planner, to attend Brownfields 2005 Conference in Denver, Colorado on November 1-4, 2005, with costs not to exceed $2,840.00. September 19, 2005 Consent Agenda continued 6. Mark Brandes, Engineering Technician, to attend 2005 Cartegraph User Conference in Dubuque, Iowa on October 4-6, 2005, with costs not to exceed $250.00, including use of city vehicle. Page 2 c. Beer/Wine License Permit Application Special Class C Zio Johno's Spaghetti House, 900 LaPorte Road (Renewal) (Expires 10/3/06) (Includes Sunday Sales) d. Fireworks Display Application Trinity Episcopal Parish, 4535 Kimball Avenue on October 1, 2005 e. Bonds. Ayes: Six. Absent: Cole. Motion carried. HEARINGS & BIDS 122310 - Gunderson/Welper that proof of publication of notice of public hearing on Purchase of Sewer Maintenance Flusher Truck for Waste Management Services Department, as published in the Waterloo Courier on August 31, 2005, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 122311 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 122312 - Gunderson/Schmitt that "Resolution confirming approval of specifications, bidding document, form of contract, etc. in conjunction with Purchase of Sewer Maintenance Flusher Truck for Waste Management Services Department", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-849. 122313 - Gunderson/Welper that "Resolution authorizing to proceed in conjunction with Purchase of Sewer Maintenance Flusher Truck for Waste Management Services Department", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-850. 122314 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Waste Management Services for review: Bidder Bid Amount 1 Bid Amount 2 Elliott Equipment, Davenport, Iowa $122,078.00 $123,803.00 Municipal Pipe & Tool, Hudson, Iowa $109,453.00 Ayes: Six. Absent: Cole. Motion carried. HEARING$ 122315 - Greenwood/Welper that proof of publication of notice of public hearing on request of Isle of Capri for a site plan amendment to the "C -P" Planned Commercial District for the construction of the Hotel and Casino generally located along Highway 218, just east of the Lost Island Water Park at 2225 East Shaulis Road, as published in the Waterloo Courier on September 9, 2005, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. • • • September 19, 2005 • • Page 3 Hearings continued 122316 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Gunderson that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 122317 - Greenwood/Gunderson that "Resolution approving said site plan amendment", be adopted. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, mentioned that the site plan is all laid out, we are moving ahead with the platting and working on this. Staff is still working with Traffic and Engineering to figure out how to address the traffic issues at Dysart Road and US 218. Mr. Temeyer stated that that can be worked out, but just so everyone understands that we are approving the site plan but we still have to get that addressed and we are working with all the Traffic people to figure out what's the best way to do that. Mayor Hurley added that we've made some progress and he is hopeful that we can clear that all up. Mayor Hurley stated we will be having some meetings with the affected parties in the near future. Councilperson Clark noted in the new site plan there is an area marked in broken lines that says "future" that appears to be attached to the northwest or the west part of the building that was not in the original site plan and asked what that is. Marc Gullickson, representing Isle of Capri, asked if Councilperson Clark is talking about the future parking area. Councilperson Clark stated it appears to be an unspecified building. Mr. Gullickson responded that would be hotel expansion. Councilperson Clark asked if is there any plans in the future to put any kind of a convention facility attached to that hotel. Nr. Gullickson responded not at this time. Councilperson Clark if the council approves this site plan could that future building be anything. Don Temeyer, Community Planning and Development Director, stated that the city should document that it is for the future hotel expansion and not for a convention center. Councilperson Clark stated he would like to be quite clear whether or not we are talking about a future convention facility, and if the council passes this site plan amendment as presented are we leaving ourselves open for that to happen without any further review by the council. Mr. Temeyer responded not if everybody agrees, and the city marks it as hotel expansion so Isle of Capri would not be able to come in to do that unless they brought it back and made a an amendment to the site plan. Mr. Gullickson stated that a convention facility has not been discussed. Councilperson Clark stated that the future building doesn't have a name to it, and his concern is it could become a convention center without any further review from the council. Councilperson Clark stated he would like it to be very clear that from his standpoint any future convention center facility would have to come back for council approval. Mr. Gullickson responded that is acceptable to Isle of Capri. Jim Walsh, City Attorney, stated two conditions are already placed on the preliminary site plan for Isle of Capri and asked Don Temeyer what he would suggest for the third condition. Mr. Temeyer responded that the expansion is for hotel expansion. Councilperson Greenwood stated he would like to make an amendment and change his motion to include that the future expansion would be for a hotel and not a convention center. Mr. Gullickson asked if Isle of Capri could come back and ask for changes later if they have a plan. Mr. Walsh stated he was referring to the two conditions that were in the letter from Planning and Zoning concerning the plat for Isle of Capri that the applicant will not make any request for city involvement in the development and the private easement be provided form Hess Road. September 19, 2005 Hearings continued Mayor Hurley stated those conditions are on the Preliminary and Final Plan, and the council is going to do is approve the site plan with the proviso that there is a third condition added to the plat conditions from staff that says its for hotel expansion. Page 4 Councilperson Welper stated all the council is agreeing to at this point is the site plan so he doesn't know if it really matters because any additional building would have to come back to the council. Greenwood/Gunderson that "Resolution approving said site plan, with the 'provision that future expansion that is labeled on the site plan will be for hotel expansion only and not for a convention center", be adopted. Mr. Gullickson stated he is assuming that would not preclude Isle of Capri from coming back at some point in the future if there were some alternative use including a convention center. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-851. PETITIONS FROM PUBLIC 122318 - Kincaid/Schmitt that communication from City Planner transmitting Development Agreement with R & B Enterprises LTD, Corp. to sell and convey for $1.00 a 54.84 acre site generally located west of the creek and west of the existing Northeast Industrial Park to develop a home manufacturing plant for the development of factory stick -built homes, with a minimum taxable value of $10 million and tax rebates for five years at 50 percent, be received, placed on file and "Resolution setting date of hearing as September 26, 2005 at 5:30 p.m. in the City Hall Council Chambers on above said request", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson stated he knows the city previously gave up some land, 23 acres, for another site, and he asked if the city got that land back or will that be bought back to city control before the hearing date. Don Temeyer, Community Planning and Development Director, responded it needs to be before we transfer this property. Mr. Temeyer stated when the council approves the development agreement we can make that specific that it needs to be done. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-852. 122319 - Kincaid/Schmitt that communication from City Planner transmitting request of R & B Enterprises LTD Corp. for a site plan amendment to the "M -2,P" Planned Industrial District for construction of home manufacturing plant on property generally located between Newell Street and Martin Luther King Jr. Drive in the Northeast Industrial Park, together with recommendation of approval of Planning, Programming and Zoning Commission , be received, placed on file and "Resolution setting date of hearing as September 26, 2005 at 5:30 p.m. in the City Hall Council Chambers on above said request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-853. DOCUMENTS 122320 - Schmitt/Welper that communication from Associate Engineer transmitting Professional Services Agreement with Claassen Engineering at a cost of $74,000.00 for the preliminary and final design of the sanitary sewer extension for the Prescotts Creek area, be received, placed on file and "Resolution approving said agreement", be adqpted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. • • September 19, 2005 • • Documents continued Page 5 Councilperson Gunderson asked if there is any time line for this project. Don Temeyer, Community Planning and Development Director, responded we hope to have construction started on this project next spring. Mr. Temeyer stated we have to acquire easements and see the preliminary costs to be sure the council still wants to move ahead. Eric Thorson, City Engineer, stated we plan on being under construction this spring. Mr. Thorson stated the contract is actually a preliminary and final design in preparation of contract documents for bidding but also any easement, plats and legals that the city might need to acquire. Mr. Thorson stated we don't know what those are yet so its a pretty full range Professional Services contract. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-854. 122321 - Schmitt/Welper that communication from Community Planning and Development Director transmitting a Professional Services Agreement with the Greater Cedar Valley Alliance at a total cost of $55,000.00 per year to provide economic development, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-855. 122322 - Welper/Gunderson that communication from City Planner transmitting Total Acquisition Contract with Harold Nichols to purchase the former Loading Dock Bar at 1435 Sycamore Street for $41,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-856. 122323 - Gunderson/Clark that communication from Senior Planner transmitting Preliminary Plat for Isle of Capri Addition, together with staff report, aerial photograph of the area, report of the City Engineer, Site Development Plan, Contour map and legal description, be received, placed on file and "Resolution approving said Preliminary Plat with stipulation any future expansion be for hotel expansion and not for a convention center", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-857. 122324 - Schmitt/Kincaid that "Resolution approving conditions of agreement between Waterloo Development Corp. and Mayor Tim Hurley for distribution of one-time donation of $1 million from Isle of Capri with $500,000.00 to be used for the Youth Pavilion Project for Waterloo Center For The Arts and $500,000.00 for the Riverfront Renaissance EXPO Project", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated we have the first million dollars that came to the City, we have this million dollars now and asked if there is still other money that is coming at some point. Mayor Hurley responded there is $1;1 million that is directed specifically to the Waterloo Development Corp. (WDC) for two consecutive years which is an advance. The first 1;1 million is in the bank and that will be used at Waterloo Development Corporation's discretion for Downtown Redevelopment projects. After that revenues will start coming, including the city's one percent of the adjusted gross revenues the day Isle of Capri starts operating in calendar year 2007. These are all dealing with the advances that Isle of Capri sent Waterloo's way. Mayor Hurley stated this is the $1 million the city, the WDC and the Black Hawk Gaming Association by Isle of Capri terms must agree in terms of how it is dispersed. Mayor Hurley stated we have an agreement with the WDC on this split and so we are both going to write a signal to Black Hawk Gaming Association that this is how we would like to do it. September 19, 2005 Documents continued Mayor Hurley explained the Outdoor Exposition Area is basically immediately west of the Five Sullivan Brothers Convention Center. The city owns some of the property there now, we have been in the process of acquiring others and working with property owners. When that is done the idea is to have a first class outdoor exposition area laid out, landscaped, utilities, and such that can serve as overflow for our convention center shows as we lose some shows now because of inadequate parking. Mayor Hurley stated it would be great for the pool tournament, and in the summer, spring, and fall car shows, RV shows, and new product introductions. There will be inclusion for a Farmers Market and a permanent year round market. Mayor Hurley stated there are three funds of money that we have been dealing with. The first is a donation to the City of Waterloo of $1 million which is in recognition of the one percent adjusted gross revenues that we will be getting after Isle of Capri starts operation. That is purely city and that is what has been allocated for the Youth Pavilion and public safety for next year, etc. The second one is the one we're dealing with right now, which is parted three ways. It needs three entities approval in order to be spent. The third one is pretty much directed solely to the Waterloo Development Corporation for use in projects downtown, and they don't need to get any other bodies approval. That is written into the development agreement with the Isle of Capri and is in recognition of the 25 percent of the adjusted gross revenues that they get. Page 6 Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-858. 122325 - Gunderson/Welper that communication from Building Official/Maintenance Administrator transmitting two-year agreement with U.S. Cellular to provide wireless communications services for 13 cell phones with push -to -talk capabilities at a cost of $520.00 per month and purchase of 13 phones for $199.80, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson stated in looking at the contract with U S Cellular, he knows the city has other phones with U S Cellular that probably have different expiration dates with their contracts and asked if we could work this contract in with the other ones so they all expire at the same time so we are not dealing with these phones expiring in one year and all the other phones that the city has expiring in another year. Louis Cutwright, Building Official/Maintenance Administrator, responded he believes the present contract that the city has is with Verizon, and we got bids from Verizon and also from Next Generation. Mr. Cutwright stated U S Cellular was the lease expensive of the three to provide a push to talk abilities with cell phones. Councilperson Gunderson asked if it is worth trying to work out a deal in waiting on these phones to go with Verizon on the whole package that has the whole city instead of just these phones. Mr. Cutwright stated he was approached by the construction community and they were quite adamant in wanting his inspectors to have better capabilities of communicating with them when we find a problem on a site. Nancy Eckert, City Clerk, stated she thought the contract with Verizon would be up either next month or the following month. Ms. Eckert stated she did ask Verizon to put a package together, but the specifications are different than what we send out for the other cell phones because we don't require the push to talk for the other cell phones. Councilperson Gunderson asked does Verizon offer push to talk capabilities, and Ms. Eckert responded they do but their bid was quite a bit higher. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-859. • • September 19, 2005 • • Documents continued 122326 - Welper/Schmitt Page 7 that communication from Police Chief transmitting an application with Cedar Valley's Promise for grant funds to be used for overtime and other costs in conjunction with enforcement of underage drinking laws, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-860. 122327 - Schmitt/Welper that communication from Community Planning and Development Director transmitting reciprocal easement agreement at a cost of $50,000.00 with US Bank to acquire property generally located adjacent to the Center For The Arts to be used for the Youth Pavilion Project, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, reviewed the area on the plat map. This agreement will be the access into the Youth Pavilion and the art complex and the plaza will be over the parking lot of US Bank, which the city will continue to work on. Mr. Temeyer stated this agreement allows the city to start construction of the Youth Pavilion and give us possession of part of it, and then we will work up the whole deal for relocation of the drive -up facility. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-861. RESOLUTIONS TO BE ADOPTED 122328 - Clark/Greenwood that "Resolution placing on the November 8, 2005 Municipal Election ballot language on the establishment of a Municipally -Owned cable communications or television system, telephone or telecommunications system Utility(including video, voice, telephone, data and all other forms of communications and cable communications) and providing for the management and control of such utility to be placed in the Board of Trustees of the Waterloo Municipal Communication Utility consisting of five trustees", be adopted. Councilperson Schmitt stated the city received a valid petition asking the council to do this, and Iowa law requires the council to submit it to the voters and put it on the ballot. This resolution puts the proposition, which we have the language for, on the November ballot. If the voters pass the proposition, it gives the city the right to establish a municipally owned utility. The City does not have to do that, it just gives us the right to create the utility. Councilperson Schmitt asked if the wording on the proposition for the November ballot with the changes in technology does that wording on the proposition also cover wireless, dish, all means of telecommunication or is it strictly limited. James Walsh, City Attorney, stated it does include all those, and this language is historical in some ways. Although its hard to speak of history in terms of this new technology that this language comes from previous ballot initiative. But when it says for telecommunications system utility, including video, voice, telephone, data and all other forms of communications and cable communications, he feels it is broad enough to include wireless connected to cable. Mr. Walsh stated if the voters pass the proposition, it is permissive for the city to go ahead and establish the utility and after that the next step would be any money associated with that would have to be approved. Mr. Walsh stated it would permissive for the city to establish the utility, but the city would not be required to. Councilperson Welper asked if it is true that if the city doesn't do it now we'll never get another chance to do it again. Mr. Walsh responded it looks like the Legislature is going to close that window as they have in a number of states. Mr. Walsh stated it may be that the Iowa Legislature, given our rural heritage, says otherwise, but there is no reason not to pass this now, if council ever wants to do it. Councilperson Clark stated it is his understanding that the only thing council is voting on today is whether or not to put it on the ballot, and the council doesn't have a choice in doing that so we are voting to put this on the ballot for the election, we are not voting to form anything here. September 19, 2005 Resolutions to be Adopted continued Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Page 8 Resolution adopted and upon approval by Mayor assigned No. 2005-862. 122329 - Greenwood/Welper that "Resolution authorizing Mayor Hurley to request Black Hawk County Supervisors assign the Certificate for Purchase at Tax Sale No. 2003001299 for the vacant lot located at 218 East 7th Street", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2005-863. ORDINANCES TO BE ADOPTED 122330 - Gunderson/Welper that "an Ordinance fixing the compensation of Mayor and Council Members of the City of Waterloo, Iowa and rescinding Ordinance No. 4750 and Ordinance No. 4054 (establishing mayor's salary at $66,000.00 per year and council members salary at $7,000.00 per year, with annual salary adjustment equal to the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated the council asked some citizens to get involved with this to help us through this and it is much appreciated whenever we ask citizens to help government work and they respond. They always do a great job and he appreciates that very much. Councilperson Clark stated he wanted to make it very clear that he agrees that the mayor's salary, that position should be increased as well as the council's, but he disagrees with the second part of the language on this particular ordinance that there should be an automatic percentage increase based on the CPI. Councilperson Clark stated he doesn't think that we should have any kind of an automatic increase at all, that any increase for an elected city official or municipal official should always be done in the light of the day and should be subject to public scrutiny and whatever questions might be asked. Councilperson Clark stated he does not think there should be any automatic increase of any kind on the mayor or council's salary. Councilperson Clark stated he agrees with the $66,000.00 and feels that is an equitable figure but he disagrees with the timing on it. Councilperson Clark stated two primary reasons were given during this process. Number one is the mayor's job is underpaid, which he agrees with, and number two is we are increasing it to increase the caliber and the credentials of the people that might be running for mayor, that we might get a better candidate. If that is the case, then this year's slate has all been set with people. Councilperson Clark stated those who have announced that they are running, they certainly are not doing so because they think that this is going to pass and they are going to make more money. Councilperson Clark stated last March when the council was going through the budget process council agonized as they have every year that he has been here over where are we going to cut, how are we going to make a budget, and they had some very painful questions this past year. We were ready to reduce our public safety to a point that was below safe, and we asked every single department head to severely cut their budget. Councilperson Clark stated he doesn't feel it is appropriate for council to give themselves a raise right now. Councilperson Clark suggested taking the $66,000.00, adding the basic CPI, which is around three percent every year, and make this effective January 1, 2008 instead of 2006 and we would have a mayor's salary of about $70,000.00. The Chief Financial Officer would have two years to figure out where that money is going to come from and budget for it. We would have the Isle of Capri money, and we would hopefully be in better shape to stand any increases in salary for whoever is in office two years from now than we will be this January. Clark/Greenwood that the above motion be amended that the mayor's salary be increased to $70,000.00 effective January 1, 2008 and the Council's salary be increased to $7,500.00 effective January 1, 2008. Prior to a vote on the amendment, the following comments were heard. Councilperson Welper stated the sole reason the council developed the Compensation Board was so that the council wouldn't have anything to do with coming up with the numbers, and he knows the Compensation Board had difficulties arriving with the numbers they arrived at as some wanted higher, some wanted lower and they arrived at this as a happy medium. Councilperson Welper stated because of the work did he is going to support a Compensation Board. September 19, 2005 • • Page 9 Ordinances to be Adopted continued Councilperson Greenwood stated he agrees with Councilperson Clark on the second part of the proposal, with the annual salary adjustment equal to the percentage change in the Consumer Price Index as he is not supportive of that. Councilperson Greenwood stated he does not want to settle the council that comes after him or the one that comes five years after him with having that burden. Councilperson Greenwood stated he doesn't think having that as an ordinance is right, and that he feels each council has to stand on its own merit and he doesn't want to have an automatic wage increase buried in some language of some ordinance. Councilperson Greenwood stated he thinks if there needs to be a salary increase for council and the mayor, we come to this table and vote on it at that given time. Councilperson Greenwood stated he agrees that the mayor's salary is underpaid and thanked the Compensation Committee for the recommendations that they brought to the council; however he doesn't think that it should be put in place by this council and mayor and then awarded to them in January 2006 but he would rather see it start in January 2008. Councilperson Welper stated he believes the ordinance reads that if council choose, they can refuse the wage increase that year, that even though it is there they don't have to take it if they refuse it. Mayor Hurley asked Councilperson Greenwood if he is supporting taking out the automatic increases and adding the inflated numbers effective January 1, 2008, and that he wants each council presumably yearly or every once in a while to deliberate on their own salary or every two years down the line. Councilperson Greenwood responded to follow the formula that we are following but to increase it not for the next term that is being elected but for the following term. Councilperson Schmitt stated that in Waterloo the mayor is also the city manager and the city administrator, and that for a city our size the current salary is way low. Councilperson Schmitt stated you can get on the net and there are many places you can check a city with our population the mayor's salary is $74,000.00 to $78,000.00. Councilperson Schmitt stated a city manager for a city our size is a different story, that is well into the six figures and the position as Mayor of Waterloo is required to do both jobs. Councilperson Schmitt stated he thinks what Councilperson Clark has offered is a compromise, that he hates to disregard all of the hard work that our Compensation Board did but either way he thinks we need to march toward the proper salary for the job. Councilperson Clark stated he is not disregarding the Compensation Board, but is using their $66,000.00 figure and adding three percent per annum increase. Sharon Juon, a member of the Compensation Board, stated the automatic wage increase was addressed primarily because the board felt the mayor and council are underpaid, and they also realized that having a salary increase is politically a really hard thing to deal with. Ms. Juon stated what has happened is that we've had many years of not dealing with salary increases at all, and they don't think that is fair to anyone who offers so much of their time to the city. So the board looked at a compromise that didn't always have to bring it to council and put it in that political environment. Ms. Juon stated a few years ago, the Waterloo City Council tried to tie the salary to the increases that were given to the other salaried employees, but that was determined to be illegal by the Attorney General's office because the council had control of that. Ms. Juon stated as long as its tied to another index that council doesn't have control of it is legal, and the board thought that it was a way of keeping the mayor and council current. Forest Dillavou, 4517 Huntington Road, stated he sincerely appreciates Councilperson Clark's suggestion. Mr. Dillavou stated the council needs to look at the citizens that they represent. The wages in Waterloo are down according to the newspaper and our taxes are up. Mr. Dillavou stated he thinks the council needs to think about the citizens as well as themselves as they are the ones paying the bill. Mr. Dillavou stated heating is going up this year, there is going to be a lot of financial burden, and there is the new Property Maintenance Code. When the city enforces that they going to force higher costs on these people to put on roofs and siding, with the increased cost of materials. Mary Potter, a member of the Compensation Board, stated one of the things that they discussed was exactly what this man was talking about whether we should tie it to performance or to the state of the economy, and it was their decision as a group that the state of this city should not enter into what the mayor and council are being paid. We don't pay other people in that realm and the board didn't feel that other city officials should be paid that way either. Ms. Potter stated if we are going to offer a low pay we can't expect very good performance. Ms. Potter stated this took almost one-half of one meeting whether or not there should be any performance, any merit pay, whether it should be based on the state of the economy in the city and they decided that that was not pertinent. September 19, 2005 Ordinances to be Adopted continued A vote was taken on the amendment with the following result. Ayes: Three. Nays: Kincaid, Gunderson, Welper. Absent: Cole. Motion failed. 122331 - Councilperson Gunderson stated he is satisfied with where we are at right now. We have spent seven or eight years on this with other councils, and that it is time that somebody steps up to the bat and proceeds with this. Councilperson Gunderson stated this is something that will take this thing out of the political arena, people are worrying about the next election coming up, how the board is going to look at this and at least this is were it will be set. Councilperson Gunderson stated everybody will know what the rules are and it doesn't stop the next council or any other council from changing the ordinance. Councilperson Gunderson stated it is a starting point, and we need to move forward on this. Page 10 A vote was taken on the original motion with the following result. Ayes: Four. Nays: Greenwood, Clark. Absent: Cole. Motion carried. 122332 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Greenwood. Absent: Cole. Motion failed. ORAL PRESENTATIONS 122333 - Susie Heaton, Waterloo and Cultural Arts Commission Member, stated that on behalf of the commission, as Co-chair of the Youth Pavilion Capital Campaign, and on behalf of the campaign team, she wanted to thank Mayor Hurley and all Council Members for taking a reasonable risk in moving the city forward and in passing this vote tonight for the Youth Pavilion. Ms. Heaton stated they are also very indebted to the members of the Waterloo Development Corporation and tomorrow the Black Hawk County Gaming Commission will be looking at this vote as well, and they are hopeful that they will approve it. Ms. Heaton stated they have 320 donors across our community, many of them are school children, who have given pennies to this project who believe in the future of Waterloo. It has truly been a long nine years of planning and fund raising. Ms. Heaton applauded Co-chair Tom Langlas as well as all the members of the campaign team, the commission, numerous committees and the art center staff for their vision, their tenacity and their compassion. Ms. Heaton also gave a special thank you to the honorary Co-chairs Gary Kelley and Bonnie Koloc. Ms. Heaton stated no other museum in the United States will merge art, education and culture the way the Youth Pavilion will. Ms. Heaton stated it will truly place Waterloo, Cedar Falls, and the Cedar Valley as well as the entire upper Midwest on the map when it comes to youth, adult, art and cultural activities. In addition to the Youth Pavilion and the youth center activities, they will also be having a permanent youth gallery. There will be a state of the art ceramic studio, an artsy cafe and an enlarged art store. In addition, they will have amenities that will complement and support the River Renaissance Theater and the Arts Plaza. Ms. Heaton stated they are incredibly excited to be completed with the fund raising for the construction of this building and are very excited to be breaking ground within a few weeks. Ms. Heaton stated they look forward to equipping it with state of the art exhibits for children, youth and adults and also with incredibly new works of art. Ms. Heaton thanked Mayor Hurley and Council Members for their support throughout their project. Ms. Heaton stated she cannot tell the council what it means to her personally as well as all the commission. The city is truly coloring our children and community's future bright. Ms. Heaton stated when she took over as the Co-chair of the campaign a couple of years ago before they developed a lot of the marketing materials, they started going around talking to a lot of groups in the community about this project, and they developed a coloring sheet because obviously the use of this Pavilion is all about art and creativity. The coloring sheet basically goes through the entire history of not only the Waterloo Center For The Arts but the campaign to build the Youth Pavilion. It started in 1947 and the last square ends October 10, 2005 when they will hopefully have the ground breaking. Ms. Heaton presented the mayor and council members a coloring sheet as well as some crayons which at the next council meeting they can be doodling and expanding their imaginations as they think about the incredible things they are doing for our community in these chambers. Mayor Hurley thanked Ms. Heaton and stated being on the side lines of this for the last couple of years, he has been able to note an awful lot of physical activity involved and noted a lot of mental energies have gone into it. Mayor Hurley stated he observed that Ms. Heaton was the soul, and he appreciated that. Neil Seemann, 2850 Independence Avenue, stated he is addressing the council as he wishes to understand the official position this council has taken on the petition that was filed, legally by Chapter 66 of the Iowa Code, on July 5, 2005 and again on September 13, 2005 requiring the Council to schedule a hearing. • • • September 19, 2005 • • Oral Presentations continued Page 11 Mr. Seemann stated under Chapter 66 the council is required to have a public hearing on this and whether or not the council can vote on it or not is not up to debate at the present time. Mr. Seemann stated for the present time Chapter 66 of the Iowa Code says the council has to schedule a hearing, and he would like to know the official position as to whether or not they are refusing to follow Chapter 66 of the Iowa Code? Mayor Hurley stated Mr. Seemann has convinced him that there is a potential legal action on his part against his office and this council and so as not to influence any of that he is going to defer Mr. Seemann's question to the City Attorney. James Walsh, City Attorney, stated we are not going to debate this with Mr. Seemann, and if he wants to do something to go ahead and go to the court house and do it and we will meet him in court. Neil Seemann asked Mr. Walsh as an officer of the court that is sworn to uphold the Iowa Constitution of the laws of Iowa is he legally advising this council to refuse to file Chapter 66 of the Iowa Code. Mr. Walsh responded he is not going to discuss this with Mr. Seemann, and if Mr. Seemann is going to file something in court, file it. Clark/Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 122334 - Gunderson/Welper that the Council adjourn at 6:42 carried. p.m. Ayes: Six. Absent: Cole. Motion Nancy Eckert, CMC City Clerk