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HomeMy WebLinkAbout03/02/1992March 2, 1992 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m., on March 2, 1992. Mayor Albert C. Manning, Jr., in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Brown. Absent: Dell. Invocation by: Mayor Al Manning Pledge of Allegiance: Troop 13 --Brian Clark, Ethan Magee, Joe Aurand, Jeff Brace, Jason Clark, Jonathan Hoppes, Tim Poots, Michael Van Cleave, Corey Dunakey, Randy Foreman, Judd Topping, Jesse Fettkether, Mike Thill. Den 4 --Raymond Weich, Nick Kunz, Ross Long, Matt Tomkins. 98940 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on Monday, March 2, 1992, at 7:00 p.m., and the Minutes of February 24, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 98941 - Moved by Angel, seconded by Fox that proof of publication form of contract, etc. Improvements, Contract No. 18, 1992, be received and of notice of public hearing on plans, specifications, and taking of bids for the F.Y. 1991 Storm Sewer 414, as published in the Waterloo Courier on February placed on file. Motion carried. 98942 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Fox, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-78. 98943 - Moved by Budak, seconded by Brown that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-79. 98944 - Moved by Brown, seconded by Buck to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (see CR 98968 for bid opening): Bidder Rampart Corp., Waterloo, IA Hurst & Sons Contractor, Waterloo, IA Bid Bond 5% 5% 0 Bid Amount $ 71,857.00 $104,145.00 Motion carried. PETITIONS FROM PUBLIC 98945 - Moved by Wright, seconded by Angel that the request of Melvina Scott, 413 Oneida Street, for forgiveness of special assessments and real estate taxes be received, placed on file and tabled for one week. Motion carried. REPORTS 98946 - Moved by Angel, seconded by Budak that communication from Executive Director of the Waterloo Redevelopment Authority transmitting FY 1991 Waterloo Redevelopment Authority Annual Report be received and placed on file. Motion carried. March 2, 1992 DOCUMENTS 98947 - Moved by Angel, seconded by Budak Page 2 that communication from City Planner transmitting an agreement with the Iowa Department of Transportation in the amount of $250,000.00 for landscaping in conjunction with Relocated U.S. Highway 218, IX -218-7(63)--3P-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-80. 98948 - Moved by Angel, seconded by Budak that communication from City Planner transmitting Contracts, Bonds and Certificates of Insurance from Langman Construction Incorporated of Rock Island, Illinois in the amount of $2,850,256.76 in conjunction with Relocateu Westfield Avenue Improvements, Contract No. 419, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-81. 98949 - Moved by Angel, seconded by Budak that communication from City Planner transmitting an agreement with Brice, Petrides -Donohue in the amount of $210,000.00 for construction -related services in conjunction with Relocated Westfield Avenue, Contract No. 419, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-82. 98950 - Moved by Angel, seconded by Budak that communication from Transportation Program Manager transmitting an agreement with the Iowa Department of Transportation to administer Federal -Aid Highway Demonstration Project funds in the amount of $3,400,000.00 in conjunction with Sixth Street Extension, Ix -6604(3)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-83. 98951 - Moved by Angel, seconded by Budak that communication from City Planner/Transportation Program Manager transmitting Certification of Completion and Final Acceptance of Agreement Work for work performed by Brice -Petrides Donohue in conjunction with Ansborough Avenue South Reconstruction, IX -6615(6)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-84. RESOLUTIONS TO BE ADOPTED 98952 - Moved by Brown, seconded by Wright that "Resolution setting date of hearing as March 12, 1992 at 5:00 p.m. in the City Hall Council for F.Y. 1993 Budget", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-85. March 2, 1992 Page 3 Resolutions to be adopted - continued 98953 - Moved by Brown, seconded by Wright that "Resolution approving a temporary easement for property owned by IBP, Inc. in conjunction with F.Y. 1992 Wastewater Pretreatment Facilities, Contract No. 435", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-86. 98954 - The Mayor announced that the time had arrived for discussion on a resolution instructing the City Personnel Department on matters relating to funding a factfinding and/or arbitration award relating to the collective bargaining contract between the City of Waterloo and the Waterloo Police Protective Association for the year beginning July 1, 1992. Paul Fitzgerald, Bargaining Agent for the Waterloo Police Protective Association, stated that he did not wish to negotiate in public concerning the police contract, but asked that the Council consider several factors. He stated that Mayor Manning had campaigned on a platform of less taxes with a priority and emphasis on public safety. By adopting this resolution, the hands of the Mayor and Council would be tied, particularly if another crisis situation arose this summer. This resolution may prevent additional money to deal with these problems. The rumors of laying off approximately 12 police officers has been very detrimental to the morale of the department and would result in the layoff of many highly trained individuals who are professionals and committed to the field of law enforcement. Councilperson Angel stated that this resolution has nothing to do with future expenditures, and that additional monies could be allocated to the Police Department if needed. Officer Fitzgerald questioned why this resolution had not been brought up last fall when contract talks began. He stated that this sends a very clear message throughout the department that layoffs are in the offing that could result in safety concerns for our citizens. Mayor Manning stated that the proposed 6 1/2 percent decrease in departmental budgets for the year beginning July 1, 1992 has no bearing on the proposed resolution. Jim Rodemeyer, Personnel Director, stated that the resolution does not speak to the level of funding for the Police Department for the budget year beginning July 1, 1992, but states that any award b a factfinder and/or arbitrator would be paid from the Police Department budget. The resolution defines where the funding would come from if a larger than anticipated award is granted. In response to comments from Officer Fitzgerald, Clerk/Auditor Larry Burger stated that the Council has funded salary increases from cash carry-over funds. The City's policy has been and will be to maintain its cash carry over approximated at $1 million to maintain a favorable bond rating. Cities our size should maintain a cash balance of $4 to $5 million. Chief Koehrsen Mated that the impact of a 6 1/2 percent decrease could result in the layoff of 9 1.olice officers and 4 civilians. Officer Fitzgerald stated that the cash carry over situation should not become a public safety issue and that the two are not related. He urged the Council to hold off on adoption of this resolution and to allow the negotiating process to proceed without the undue pressure and threat that such a resolution produces. Councilperson Fox questioned Officer Fitzgerald as to his knowledge of past City Council work sessions concerning the FY 1993 Budget and the presence of the City's four other collective bargaining units at these sessions. Councilperson Fox also questioned whether Officer Fitzgerald had been made aware of the request of City unions to assist in the budget problem by offering possible concessions. Officer Fitzgerald stated that they are willing to listen and negotiate as a part of the contract and will look at all options presented. Mayor Manning stated that laying off any City personnel is not a favored position of the Council. March 2, 1992 Page 4 Resolutions to be Adopted - continued It was noted that factfinding has been scheduled with the Waterloo Police Protective Association on Tuesday, March 10, 1992. Norris Sisk, 2216 Plainview Avenue, stated that the City should be considering increasing its police force and not allow gangs and violence to increase in the community. He asked why the City hired additional police officers and now wants to lay them off. He asked that the department be kept at its full strength. Moved by Fox, seconded by Brown that "Resolution instructing the City Personnel Department on matters relating to funding a factfinding and/or arbitration award relating to the collective bargaining contract between the City of Waterloo and the WG}erloo Police Protective Association for the year beginning July 1, 1992", be adopte_. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-87. ORDINANCES TO BE ADOPTED 98955 - Moved by Buck, seconded by Wright that "an Ordinance amending Chapter 19, Housing, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Su'section (n) Early Warning Fire Protection System of Section 19-19, Space and Occupancy Standards and Acceptability Criteria; and enacting in lieu thereof a new Subsection (n) Early Warning Fire Protection System of Section 19-19, Space and Occupancy Standards and Acceptability Criteria (regulating smoke detectors in all residential structures", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 98956 - Moved by Brown, seconded by Buck that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 27-15, Indecent Exposure, Obscenity, of Chapter 27, Offenses -- Miscellaneous (repealing indecent exposure, obscenity ordinance)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 98957 - Moved by Fox, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Dell. Motion carried. 98958 - Moved by Budak, seconded by Brown that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Dell. Motion carried. 98959 Moved by Wright, seconded by Budak that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 27-15, Indecent Exposure, Obscenity, of Chapter 27,. Offenses -- Miscellaneous (repealing indecent exposure, obscenity ordinance)", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3848. BILLS PAYMENT 98960 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-44, dated March 2, 1992, in the amount of $511,677.82, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-88. March 2, 1992 NEW BUSINESS 98961 Moved by Buck, seconded by Angel to instruct City Engineer to prepare plans, specifications, form of contract, etc. for F.Y. 1992 Street Reconstruction Program No. 3, Contract No. 431 , be received, placed on file and approved. Motion carried. Page 5 98962 - Moved by Buck, seconded by Angel that plans, specifications, form of contract, etc., for the F.Y. 1992 Street Reconstruction Program No. 3, Contract No. 431, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-89. 98963 - Moved by Buck, seconded by Angel that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as March 23, 1992, at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-90. 98964 - Moved by Buck, seconded by Angel that communication from Mayor Al Manning transmitting recommendation of reappointment of Sally McLendon to the Community Development Board, with term expiration date of March 1, 1997, be received, placed on file and approved. Motion carried. Travel Requests 98965 - Councilperson Fox stated that the City should begin looking at ways to save money but was not opposed to the specific travel requests contained on the agenda. He asked City staff to consider alternatives to saving tax dollars. Mayor Manning stated that with technology changing so rapidly, each travel request should be studied to determine whether it is essential. Kathy Oberle, 710 Forest Avenue, eked that action on these travel requests be tabled for one week. Moved by Brown, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Gary Simmcns, Superintendent of Water Pollution/Flood Control, and Gary Schellhorn, Technical Services Coordinator, to attend Control of Wet Weather Water Qualit Problems Conference in Indianapolis, Indiana on May 31 -June 3, 1992, with cots not to exceed $798 each, including the use of city vehicle. 2. Louis Cutwright, Building Official, to attend CABO Certified Building Official Exam in Brooklyn Park, Minnesota on May 2, 1992, with costs not to exceed $280.00, including the use of city vehicle. 3. Kathy Henely, Assoc. Sports Supervisor, Annual Conference in Ames, Iowa on March exceed $338.50. 4. Dennis Gentz, Assistant City Engineer, to Conference in Ames, Iowa on March 5 and $127.50, including the use of city vehicl to attend Iowa Parks & Recreation 29 -April 1, 1992, with costs not to attend 40th Annual APWA Public Works 6, 1992, with costs not to exceed e. 5. Steve Bagenstos, Police Identification Officer, to attend Fingerprint School in Grand Island, Nebraska on April 13-17, 1992, with costs not to exceed $158.25, including the use of city vehicle. Motion carried. March 2, 1992 MISCELLANEOUS 98966 - Moved by Brown, seconded by Wright Page 6 that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and message technician permit application be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Park Road Inn, 306 Park Road (Renewal) (Expires 3/14/93) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class E Midtown Foods, 710 Broadway (Renewal) (Expires 3/18/93) (includes Sunday Sales) Application for Massage Technician Permit Shari Ann Koch, 118 Pauline Place, Waterloo, Iowa Motion carried. BONDS 98967 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through March 2, 1992, be received, placed on file and approved and report and bonds approved. Motion carried. 98968 - Moved by Buck, seconded by Wright that "Resolution authorizing award of contract to Rampart Corporation of Waterloo, Iowa, in the amount of $71,857.00 for F.Y. 1991 Storm Sewer Improvements, Contract No. 414", be adopted (see CR 98944 for bid opening). Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-91. ORAL PRESENTATIONS 98969 - Shirley Koslowski, 816 Archer Avenue, asked that the City continue to support the reappointment of board and commission members of a varied background to assure broad representation of the City's constituency. She also stated that as the City approaches action on its FY 1993 Budget, that the Council very carefully review expenditures and revenues and question those that favor a particular project or program. She stated that cuts in the budget will require the City to "pull together" and that everyone should share the burden and costs of programs. Kaye Bloom, 705 Prospect Boulevard, asked that the City consider not cutting figure skating. Betty Hart, 311 Ankeny Street, asked that the City give the Police Department first priority. She urged the City to fund the department at an adequate level as the City does not currently have enough police officers on the street. Deb Pugh, 322 Ankeny Street, stated that she was concerned about the protection of our citizens and asked that the City not cut Police Department expenditures. Nancy Henderson, 718 Black Hawk Road, stated that the leadership of the Police Department is at an all-time high and asked that the City consider funding the Police Department at its current level and keep the officers on the street. Mrs. C.V. Hollingsworth, 1214 East Fourth Street, stated that the City needs more police officers and that the City should consider a fundraiser to keep them on staff. Russ Tidwell, 1003 Vine Street, voiced his support for the Police Department and any pro -youth activities. March 2, 1992 Page 7 Oral Presentations - continued L. C. Hennessey, 558 Montrose Drive, relayed a recent fall he had taken at Electric Park Ballroom and the ensuing lawsuit that has resulted. Roosevelt Taylor, 311 Iowa Street, stated that he did not want Waterloo to turn into a Washington, D.C. Councilperson Buck updated the Council by stating that the Holiday Inn had paid an additional $10,000 of its payments in arrears and now owes a balance of $40,000. Mel Smelser, 2232 Temple Avenue, stated that the input at this evening's Council meeting is very important and that citizens should continually be involved in how the City is run. Moved by Buck, seconded by Brown that the above oral comments be received, placed on file and the Council adjourn at 8:26 p.m. Motion carried. Larry P. Burger City Clerk/Auditor