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HomeMy WebLinkAboutMinutes-02/20/2006• February 20, 2006 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, February 20, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Steve Decker, Superintendent of Streets. 122993 - Schmitt/Kincaid 122994 that the Agenda, as proposed, for the Regular Session on Monday, February 20, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. - Schmitt/Kincaid that the Minutes, as proposed, 2006, at 5:30 p.m., be accepted CONSENT AGENDA 122995 - Schmitt/Kincaid for the Regular Session on Monday, February 13, and approved. Ayes: Seven. Motion carried. 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. 1-81, dated February 20, 2006, in the amount of $1,777,545.25, 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. 2006-117. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of Aundra Meeks and Sheryl Annette to the Leisure Services Board, with term expiration date of March 1, 2009. 2. Communication from Mayor Hurley transmitting recommendation of appointment of Mark Rice to the position of Central Garage Superintendent, effective February 27, 2006. 3. Eric Thorson, City Engineer, to attend 2006 American Public Works Association of Iowa Chapter Spring Conference in West Des Moines, Iowa on March 8-10, 2006, with costs not to exceed $370.00, including use of city vehicle. 4. Nancy Gulick, Community Development Coordinator, to attend HUD Sponsored training for the Certified HOME Specialist Program in Chicago, Illinois on February 27 - March 2, 2006, with costs not to exceed $969.00, including use of city vehicle. c. Wine License Permit Application Class B Hy -Vee Food Store, Sunday Sales) Hy -Vee Food Store, Sunday Sales) d. Beer License Permit Class C Hy -Vee Food Store, Sunday Sales) Hy -Vee Food Store, Sunday Sales) 2181 Logan Avenue (Renewal) (Expires 3/23/07) (Includes 306 Byron Avenue (Renewal) (Expires 3/23/07) (Includes Application 2181 Logan Avenue (Renewal) (Expires 3/23/07) (Includes 306 Byron Avenue (Renewal) (Expires 3/23/07) (Includes e. Liquor License Permit Application Class E Hy -Vee Food Store, 2181 Logan Avenue (Renewal) (Expires 3/23/07) (Includes Sunday Sales) Hy -Vee Food Store, 306 Byron Avenue (Renewal) (Expires 3/23/07) (Includes Sunday Sales) February 20, 2006 Consent Agenda continued f. Liquor License Permit Application Class A Knights of Pythias, 244 Ash Street (Renewal) (Expires 3/8/07) (Includes Sunday Sales) g• Page 2 Cigarette/Tobacco Permit Application Ramada Hotel,Convention Center, 200 West 4th Street h. Bonds. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson explained he would be voting no on the appointment of Mark Rice to the position of Central Garage Superintendent. Mr. Rice lives in Davenport and may be moving to Waterloo and may or may not be moving here with his family. Councilperson Gunderson noted that it is just a few weeks before the budget, and we are hiring a department head when we don't know where the budget will be, and he feels uncomfortable doing this. Councilperson Gunderson noted he has some different points of views and has discussed them previously, and he feels the responsibility of the vehicles should be given back to each department that actually has them rather than having a person who is in charge. Councilperson Gunderson stated that having worked for the city for 34 years he has a general idea of how this position works and the responsibilities, and he feels it is bureaucracy we made for a position that can be eliminated and he will be voting no. Councilperson Getty stated he discussed the position earlier today with Mayor Hurley, and he would feel more comfortable if a work session were held on this item before the council votes. Councilperson Getty stated he knows it is the Mayor's authority and recommendation and his duty as mayor to appoint department heads, but he feels a department head should live in the city of Waterloo. Councilperson Welper stated he believes there is a requirement that a department head lives in Waterloo. Mayor Hurley stated Mr. Rice will be moving here, he still has a wife who works in the Quad Cities and he would initially start out, as we have had others do, renting. Mayor Hurley stated he has not imposed the must rent in Waterloo. This position is budgeted, we went through two rounds of searches. Mayor Hurley stated that the qualifications he had in mind were not met in the first group; and so we went back to the drawing board and had two applicants. Mayor Hurley stated the offer has been made, and Mr. Rice has accepted and is expecting to begin work on February 27, 2006. Mayor Hurley noted that right now we have three other department heads sharing the duties, and it is taxing them. Mayor Hurley stated he is confident Mr. Rice can help us in determining those questions, where should those operations be, what should they look like and is it something the city should be involved in. Mayor Hurley stated he feels the position is sorely needed, it has been vacant since last July or earlier, and that department is in need of its own director. Councilperson Welper stated he is not against hiring Mr. Rice, but our policy is that he has to live here and if he chooses not to. Mayor Hurley responded when he buys a home it will be in Waterloo as that is the deal. Mayor Hurley noted he is moving 150 miles for this position Following comments a vote was taken on the above motion with the following result. Ayes: Seven, with Councilpersons Gunderson and Getty voting Nay on b2. Motion carried. Councilperson Gunderson stated he feels the council received more information on the appointment of Aundra Meeks and Sheryl Annette than they did on the appointment of Mr. Rice. Mayor Hurley responded there was a question as to whether Mr. Rice's resume should be included in the council packets, but he didn't think that was the best thing to do as it would enter that into public domain. HEARINGS 122996 - Greenwood/Welper that proof of publication of notice of public hearing on development agreement with Iowa Heartland Habitat for Humanity to sell and convey for $1.00 property generally located at the corner of Thompson Avenue and Mulberry Street to build a new single family home at an estimated value of $90,000.00, as published in the Waterloo Courier on February 10, 2006, be received and placed on file. Ayes: Seven. Motion carried. • • • • February 20, 2006 Page 3 Hearings continued 122997 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 122998 - Greenwood/Schmitt that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-118. 122999 - Greenwood/Schmitt that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-119. 123000 - Getty/Welper that proof of publication of notice of public hearing on request of Modern Builders on behalf of Con-Trol for a site plan amendment to the "M -2,P" Planned Industrial District for the construction of a new 50,000 - 70,000 sq. ft. Con- Trol industrial warehousing building in the Northeast Industrial Park, just south of Gray Transportation site, as published in the Waterloo Courier on February 10, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123001 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Greenwood that the hearing be closed. Ayes: Seven. Motion carried. 123002 - Getty/Greenwood that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-120. 123003 - Gunderson/Welper that proof of publication of notice of public hearing on request of Whitaker Foods to sell and convey for $5,000.00 a portion of Gayle Street generally located between Jay Drive and Rainbow Drive, as published in the Waterloo Courier on February 10, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123004 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Getty that the hearing be closed. Ayes: Seven. Motion carried. 123005 - Gunderson/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-121. February 20, 2006 PETITIONS FROM PUBLIC 123006 - Cole/Kincaid Page 4 that communication from Senior Planner transmitting request of Jerry Quint and Stacey Folkers to rezone from "A-1" Agricultural District to "R-1" Residential District property generally located at 5640 Kimball Avenue to use for residential development, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 13, 2006 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-122. 123007 - Schmitt/Cole that communication from Senior Planner transmitting request of Michael Beckman to rezone from "R-2" Residence District to "C-2" Commercial District property generally located at 504 Riehl Street for the purpose of an auto sales display lot on a portion of the existing parking lot, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 13, 2006 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 Welper stated he is assuming the fence goes with this property and it is going to be extended. Noel Anderson, City Planner, responded yes, one of the conditions of the Planning, Programming and Zoning Commission is that they extend the fence further south. Councilperson Welper asked if there is there an ordinance or policy as to which way a fence is installed, which side of the fence faces the neighbor. Mr. Anderson responded no there is not. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-123. DOCUMENTS 123008 - Kincaid/Welper that communication from Community Planning & Development Director transmitting Development Agreement with Iowa Heartland Habitat for Humanity for property generally located at 334 Irving Street to build a new single-family home with an estimated value of $90,000.00 and start construction of the home within 24 months of approval subject to a site plan, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-124. 123009 - Getty/Greenwood that communication from Leisure Services Director transmitting agreement with Iowa Department of Transportation for National Recreational Trails Grant to purchase new Track Loader to be used at Riverview Recreation Area ATV Park, with grant to cover 80 percent of the cost up to a maximum amount of $28,959.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-125. 123010 - Getty/Greenwood that communication from Leisure Services Director transmitting Supplemental Agreement with Iowa Department of Transportation for Locally Procured Federal - Aid Contracts in conjunction with the purchase of the new Track Loader to be used at Riverview Recreation Area ATV Park, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-126. • • • • February 20, 2006 Page 5 Documents continued 123011 - Schmitt/Getty that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources in conjunction with F.Y. 2006 East Side Sanitary Sewer Interceptor, Contract No. 707, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-127. 123012 - Schmitt/Getty that communication from Associate Engineer transmitting Construction Permit Application for sanitary sewer construction with Iowa Department of Natural Resources in conjunction with F.Y. 2006 East Side Sanitary Sewer Interceptor, Contract No. 707, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute the same. Ayes:, Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-128. 123013 Welper/Schmitt that communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Traffic Safety Improvement funding in the amount of $255,000.00 for East Orange Road and Iowa 21 Traffic Safety Improvements, CS -TSF -8155(683)-85-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported that staff is working on right-of-way for the project, and there is one property taking a little longer. Mr. Thorson stated this will be a Department of Transportation letting, and he thinks the plan is to get it started this year, but whether it will actually be done this year he is not sure but the idea is to get it going as quickly as possible. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-129. 123014 - Greenwood/Schmitt that communication from Police Chief transmitting application with Department of Justice, Bureau of Justice Assistance for the FY2006 Justice Assistance Grant (JAG) for joint application with Black Hawk County and City of Cedar Falls for funding in the amount of $59,695.00, with no required match, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-130. 123015 - Gunderson/Welper that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of $7,515.76 for work performed by Michael Painting of Waterloo, Iowa in conjunction with Five Sullivan Brothers Painting and Wall Finish, be received, placed on file and approved. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 123016 - Getty/Welper that "Resolution approving 2006-2007 Convention & Visitors Bureau's recommendation of allocation of hotel/motel funds", be adopted. Prior to a vote on the above motion, the following comments were heard. February 20, 2006 Resolutions to be Adopted continued Kevin McCrindle, 165 Pershing Road and representing Waterloo/Cedar Falls Symphony Orchestra, noted that the vast majority of the money to be spent is for what he considers athletic events, and he thinks the criteria talks about recreation, entertainment and cultural. Mr. McCrindle stated that the city's support for the Symphony has declined each year except for 2004 and 2005. Mr. McCrindle stated that the Waterloo Convention & Visitors Bureau's website has a wonderful slideshow and the first thing you see is a picture of the Waterloo/Cedar Falls Symphony Orchestra in action. Mr. McCrindle stated it seems to him that that picture was chosen to present a very positive aspect of something in our community. Mr. McCrindle noted that Cedar Rapids gives their orchestra $15,0Q0.00, Dubuque gives $20,000.00, Des Moines gives $24,000.00 and the neighbor to the west this year is looking at giving $40,000.00 to $50,000.00. Mr. McCrindle stated he knows there is only so much money to go around, but they would ask the city to find some way to increase its support to the Symphony. Mr. McCrindle reported that the City of Cedar Falls has committed $1,000.00. Mayor Hurley asked how many events each year does the Waterloo/Cedar Falls Symphony hold in Waterloo, and Mr. McCrindle responded that the vast majority of their in -school programs are in Waterloo. Mayor Hurley noted that Dubuque, Des Moines and Sioux City all have one thing in common, and that it is gaming revenues. Page 6 Councilperson Welper stated there are discretionary hotel/motel funds. Councilperson Greenwood stated he would like to stick with the Convention & Visitors Bureau's recommendations because they do a lot of work on how the money is awarded, and if the council wants to get into micro -managing the money then we should tell these folks they don't have to do it, that the council will take it upon itself do it, and he does not think it is in the city's best interest to do that. Councilperson Greenwood noted there are discretionary funds for quality of life issues in Waterloo, and as he understands the money we are awarding this evening is pretty much directly related to heads on beds, such as wrestling, baseball and bowling tournaments which bring in a lot of heads on beds. This is money that is rewarded back to people who bring business in. Councilperson Greenwood stated that while the Symphony is a great program, but how many heads on beds does it bring in. Mr. McCrindle responded that is hard to tell. Mr. McCrindle stated they are looking for support from the city whether it all comes from one source that is something the council has to decide. Mayor Hurley suggested the Symphony get an application in for discretionary funds. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Kincaid, Cole, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2006-131. 123017 - Getty/Greenwood that "Resolution dedicating an existing street referred to as John Street, generally located off E. Parker Street east of Highway 63, for street purposes", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-132. 123018 - Getty/Greenwood that "Resolution naming a public street generally located off of E. Parker Street east of Highway 63 as John Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-133. 123019 - Getty/Greenwood that "Resolution setting date of hearing as March 6, 2006 at 5:30 p.m. in the City Hall Council Chambers on the FYE2007 Budget", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reviewed the published budget, which we cannot go over at the March 6 budget hearing, but we can go under in terms of the levy. Mayor Hurley stated that each department head in the general fund turned in their budgets based upon no new programs, salary levels were frozen, but a large amount was put in for insurance premiums. That gives us the Mayor's based level plus budget because he sat down with every department head and clarified line item by line item what they were asking for. That yielded some minuses and pluses: Mayor Hurley stated that over the weekend he included programming adds, overtime adds, and some things we knew about. • • f • • February 20, 2006 Page 7 Resolutions to be Adopted continued Mayor Hurley stated there will be a work session Thursday at 8:30 a.m., and he hopes at that time to give the council a more detailed summary of how he arrived where we are at. Mayor Hurley stated before the March 6 budget hearing, he will have a menu of suggestions for the council to build on. As we sit here tonight,. we will publish a legal tax levy rate of 19.00284, which is 15 cents less than last year. However, the total property tax askings has increased by $1 million because of the property revaluation. Mayor Hurley noted the problem is the 19.00284 is the maximum the city can legally levy, and we need to find $926,588.00 out of the 8.10 budget to make this happen. Mayor Hurley stated it will be tougher this year to find it because there is no Isle of Capri money to help us out. Michelle Weidner, Chief Financial Officer, noted that she has made adjustments for a tentative negotiated settlement for personnel costs. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-134. NEW BUSINESS 123020 Gunderson/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 Street Reconstruction Program, Contract No. 705, be received, placed on file and approved. Ayes: Seven. Motion carried. 123021 - Gunderson/Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 Street Reconstruction Program, Contract No. 705, be received and placed on file. Ayes: Seven. Motion carried. 123022 - 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. 2006-135. 123023 - Gunderson/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 13, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking 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. 2006-136. 123024 - Gunderson/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 East Side Sanitary Sewer Interceptor, Contract No. 707, be received, placed on file and approved. Ayes: Seven. Motion carried. 123025 - Gunderson/Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 East Side Sanitary Sewer Interceptor, Contract No. 707, be received and placed on file. Ayes: Seven. Motion carried. 123026 - 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. 2006-137. February 20, 2006 New Business continued 123027 - Gunderson/Schmitt Page 8 that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 13, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking 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. 2006-138. 123028 - Cole/Getty to instruct Superintendent of Traffic Operations to prepare specifications, bid documents, etc. in conjunction with Purchase of Full Size Pickup Truck and Service Body, be received, placed on file and approved. Ayes: Seven. Motion carried. 123029 - Cole/Schmitt that specifications, bid documents, etc. in conjunction Purchase of Full Size Pickup Truck and Service Body, be received and placed on file. Ayes: Seven. Motion carried. 123030 - Cole/Schmitt that "Resolution preliminarily approving specifications, bid documents, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-139. 123031 - Cole/Schmitt that "Resolution setting date of hearing on specifications, bid documents, etc. as March 6, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking 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. 2006-140. ADJOURNMENT 123032 - Getty/Schmitt that the Council adjourn at 6:19 p.m. Ayes: Seven. Motion carried. O� Na cy kert, CMC City Clerk • •