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HomeMy WebLinkAbout03/21/94March 21, 1994 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 Monday, March 21, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Murphy, Getty. Absent: Anders. Invocation by: Reverend Daniel Metzger, Concordia Lutheran (Mo. Synod) Church, 1005 W. Parker Pledge of Allegiance: Junior Girl Scout Troop #340 --Robin Meyer, Emily Schmadeke, Heidi Seedorr, and Melanie Miller and Sue Schmadeke, Leaders Recognition of Week: Olga's Bakery, Boris and Olga Volfson 102666 - Mollenhoff/Murphy that the Agenda, as proposed, for the Regular Session on Monday, March 21, 1994, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Anders. Motion carried. 102667 - Jordan/Collier that the Minutes, as proposed, for the Special Session on Wednesday, March 9, 1994 at 7:00 p.m., and the Regular Session on Monday, March 14, 1994, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Anders. Motion carried. Mayor Rooff read a Proclamation declaring the month of April as Community College Month. PETITIONS FROM PUBLIC 102668 - Getty/Jordan that communication from Associate Engineer transmitting signage request of Locke Funeral Home to place temporary signs on both sides of West Fourth Street on the southwest side of the Bayard Street intersection in conjunction with Sixth Street Extension (West), together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-87. 102669 - Krizek/Collier that petition from citizens of Joy Drive and adjacent to Joy Drive to repair the blacktop damaged during construction of Ansborough Avenue, Rainbow Drive, and Relocated Highway 218, be received, placed on file, and forwarded to City Engineer for action. Ayes: Six. Absent: Anders. Motion carried. 102670 - Bill Grimm, 1710 Forest Avenue, stated using $75,000 to buy an aerial fire truck was not an "urgent need" and would take money away from badly needed housing rehabilitation projects in this community. He stated why take $75,000 away from the poor and disadvantaged. If you are going to bond for an aerial truck, bond for the whole thing. Jordan/Collier that petition of objection of the proposed allocations of Block Grant funds to the Waterloo Fire Rescue in the amount of $75,000, be received and placed on file. Ayes: Six. Absent: Anders. Motion carried. DOCUMENTS 102671 Getty/Collier that communication from City Planner transmitting Contracts, Bonds and Certificates of Insurance from Advanced Technologies, Inc. of Cedar Falls, Iowa in the amount of $29,890.00, in conjunction with Asbestos Removal - Boiler Plant Behind Osco Building, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-88. 102672 - Mollenhoff/Krizek that communication from City Planner transmitting a Right of Entry Agreement with James Higgins to allow the contractor access to the core area of the block bounded by Lafayette, Sycamore, East 4th and 5th Streets in conjunction with removal of boiler room, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-89. March 21, 1994 Documents - continued 102673 - Getty/Murphy Page 2 that communication from City Engineer transmitting Change Order No. 6 for a net increase in the amount of $852.00 for work to be performed by Prairie Construction in conjunction with Partial Interior Renovation of Former East Side Library, Contract No. 465, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Anders. Motion carried. 102674 - Getty/Murphy that communication from City Planner transmitting Change/Extra Work Order No. 1 for a net increase in the amount of $5,275.00 for work to be performed by Advanced Technologies, Inc. in conjunction with Asbestos Abatement - Boiler Plant Behind Osco Building, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Anders. Motion carried. 102675 - Murphy/Collier that communication from Assistant City Engineer transmitting construction plans for the intersection modification on Crossroads Boulevard for Toys R Us, as submitted by Schenk Engineering Company, together with recommendation of approval, be received, placed on file and "Resolution approving said construction plans", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-90. 102676 - Getty that communication from Director of Personnel transmitting recommendation to authorize the Mayor to sign and execute the addendum to the collective bargaining agreement between the City of Waterloo and the Police Protective Association, be received, placed on file and "Resolution approving said addendum", be adopted and Mayor authorized to execute same. The above motion died due to a lack of a seconder (see CR 102697). RESOLUTIONS TO BE ADOPTED 102677 - Krizek/Collier that "Resolution approving the preparation and submission of a Statement of Community Development Objectives and Projected Use of Funds to the Department of Housing and Urban Development for federal assistance under Title I of the Housing and Community Development Act of 1974, as amended. (20th Year Community Development Block Grant Program)", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-91. 102678 - Jordan/Collier that "Resolution approving and accepting Warranty Deed from Richard L. and Loretta Shirley McKelvie for a portion of property within the Virden Creek drainageway", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-92. ORDINANCES TO BE ADOPTED 102679 - Murphy/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 9-7, Board of Appeals, to Chapter 9, Buildings", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Anders. Motion carried. 102680 - Jordan/Mollenhoff that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Anders. Motion carried. 102681 - Getty/Murphy 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: Anders. Motion carried. 102682 - Krizek/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 9-7, Board of Appeals, to Chapter 9, Buildings", be adopted. Ayes: Six. Absent: Anders. Ordinance adopted and upon approval by Mayor assigned No. 4009. March 21, 1994 Ordinances to be Adopted - continued 102683 - Collier/Jordan Page 3 that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (4) South Street of Section 566, Two Hour Parking Between 8:00 a.m. and 4:00 p.m. and by enacting in lieu thereof a new Subsection (3) South Street of Section 567, Four Hour Parking", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Anders. Motion carried. 102684 - Murphy/Mollenhoff that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Anders. Motion carried. 102685 - Jordan/Collier 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: Anders. Motion carried. 102686 - Mollenhoff/Collier that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (4) South Street of Section 566, Two Hour Parking Between 8:00 a.m. and 4:00 p.m. and by enacting in lieu thereof a new Subsection (3) South Street of Section 567, Four Hour Parking", be adopted. Ayes: Six. Absent: Anders. Ordinance adopted and upon approval by Mayor assigned No. 4010. BILLS PAYMENT 102687 - Krizek that "Resolution approving Schedule A918, pp. 1-53, in the amount of $1,072,235.02, dated March 21, 1994, a copy of which is on file in the Clerk/Auditor's office, with the deletion of Purchase Voucher 87193 in the amount of $162.75, Purchase Voucher 85414 in the amount of $140.40 and Purchase Voucher 85424 in the amount of $5,000.00", be adopted Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-93. NEW BUSINESS 102688 - Murphy/Collier to instruct City Engineer to prepare plans, specifications, form of contract, etc. for F.Y. 1994 Sidewalk Repair Program - Zone 6, Contract No. 466, be received, placed on file and approved. Ayes: Six. Absent: Anders. Motion carried. 102689 - Mollenhoff/Jordan that plans, specifications, form of contract, etc., for the F.Y. 1994 Sidewalk Repair Program - Zone 6, Contract No. 466, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-94. 102690 - Getty/Mollenhoff that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as April 4, 1994, at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Acting Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-95. 102691 - Collier/Mollenhoff that communication from Superintendent of Streets transmitting request for authorization to barricade and close the streets located in the 600 block of Shilliam Avenue, 1200 block of Maywood Avenue, and 2900 block of Franklin Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-96. MISCELLANEOUS 102692 - Mollenhoff/Krizek 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: March 21, 1994 Page 4 Miscellaneous - continued 1. Beer License Permit Application Class C Petro -N -Provision, 1807 LaPorte Road (Renewal) (Expires 4/8/95) (Includes Sunday Sales) Clute's Highland Mkt., Inc., 909 Independence (Renewal) (Expires 4/3/95) (Includes Sunday Sales) Byrnes Park Golf Course, 1000 Fletcher Avenue (Renewal) (Seasonal --3/28/94 - 11/28/94) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Porky's Red Carpet Club, 1409 Newell Street (Renewal) (Expires 4/4/95) (Includes Sunday Sales) Porky's Red Carpet Club, 1449 Newell Street (Renewal) (Expires 4/4/95) (Includes Sunday Sales) Pat's Tavern Ltd., 303 West 4th Street (Renewal) (Expires 4/1/95) (Includes Sunday Sales) Ayes: Six. Absent: Anders. Motion carried. BONDS 102693 - Getty/Mollenhoff that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through March 18, 1994, be received, placed on file and report and bonds approved. Ayes: Six. Absent: Anders. Motion carried. ORAL PRESENTATIONS 102694 - Richard Knief, President of the Waterloo Police Protective Association, stated the four member collective bargaining committee consulted each other on the city's offer and felt it was not in the best interest of their Association to accept the two-year, 3 percent agreement without getting into the nuts and bolts of collective bargaining. He said they basically feel they deserve a larger increase than 3 percent next year and also the financial situation of the city might change, so that it could offer more than a 3 percent raise next year. Mr. Knief feels the city would lose if this goes to an arbitration hearing, and they could still end up with only a one year agreement. He also stated there would be additional costs to both sides by having an arbitrator, attorney fees, etc. You are going to spend tax money to give us a raise if this is done. Councilperson Jordan responded that it was not what the city had negotiated with the other four bargaining units, who all agreed to two-year contracts with a 3 percent pay increase in each of the next two years. He stated he is not satisfied and that maybe the city should be negotiating at a lower percent. He feels this is being unfair to the other four unions. Mayor Rooff said he wanted all of the unions to accept the two-year agreements because it would guarantee fixed costs for two years and would assist in the budgetary process. He stated he was disappointed that the city did not get all four unions to buy into our program of fair and equal treatment. Councilperson Murphy felt that the city should not have offered the 3 percent wage increase as a final offer for arbitration if it was only for one year. He said most of the Council was in favor of a smaller increase but agreed to go to 3 percent only if we got a two-year contract. Councilperson Mollenhoff commended Jim Rodemeyer for the work he did in handling all five union contracts this year. He feels Mr. Rodemeyer bargained in good faith during all the negotiations. Dorothy Carter, 435 Conger Street, had complaints on a couple of houses in her neighborhood. She stated 437 Conger has been empty since 1988. The garage is about to fall down, debris is all over the place and it looks like a dump. Also at 441 Conger, there are bags of garbage all over, as the residents have moved out and the house is a mess. She has called the Health Department and they have done nothing about the situation. Dick Grimm, Superintendent of Streets, will investigate the matter with the Black Hawk County Health Department tomorrow and get back to Mayor Rooff on what can be done to correct this situation. John Wahl, 1820 Sager Avenue, wanted to know if anything has been done with Waterloo Professional Baseball, Inc. and whether there will be baseball in Waterloo. Councilperson Mollenhoff responded that he is not sure this question should be posed to the Mayor and Council. He feels these questions should be directed to the current franchise owners for Waterloo and proceeded to name the 14 stockholders of the Waterloo Diamonds franchise. He stated these are the people who have the control and say in whether baseball remains in Waterloo, Iowa. Mayor Rooff said the Waterloo Park Board members did offer to continue the $1 per year lease for this year and also for the 1995 season, but the owners did not sign the lease. March 21, 1994 Page 5 Oral Presentations - continued Mayor Rooff said he had spoken with Mr. Ossie Langefeller, Mayor of Springfield, Illinois, today because he has been trying to find out what is going on and also, Springfield is the city that has been mentioned. Mr. Langefeller told him they lost their baseball team last year, and they had been contacted by the Midwest league as a potential place to play ball this year. He further stated the League was to vote this evening on the sale by the 14 stockholders for a reported $1.8 million and whether they will stay in Waterloo or move to Springfield, Illinois. Mayor Rooff stated he hoped Waterloo was not out of the baseball picture as we have kids that have jobs out at the park and that the field is in perfect shape. Jim Walsh, City Attorney, mentioned the city did ask if the team moved, that the team reimburse the city for expenses for past improvements that have gone into the stadium since 1985 when the Waterloo Diamonds became a for-profit organization. He also stated the possibility of a lawsuit has been considered. Mr. Wahl also complained about the Corkery Recycling bins on University Avenue at the Hy -Vee and Food For Less stores. He was wondering who was responsible for the trash and broken glass all around the bins and their general appearance. Dick Grimm, Superintendent of Streets, stated the city has a contract with Corkery and the establishments where they are located to notify Corkery when they are full and need to be emptied. Mayor Rooff introduced Ron Parr, an employee at John Deere and a member of Leadership Investment for Tomorrow (L.I.F.T.) program. Mr. Parr was assigned to shadow the Mayor today to learn how city government operates. Mr. Parr has been involved with everything today from baseball through garbage. Mayor Rooff stated it was a pleasure to have Mr. Parr around for the day. 102695 - Jordan/Collier that the Council adjourn to Executive Session. Ayes: Six. Absent: Anders. Motion carried. EXECUTIVESESSION 102696 - Murphy/Jordan that the Council adjourn Executive Session. Ayes: Six. Absent: Anders. Motion carried. 102697 - Getty/Murphy that communication from Director of Personnel transmitting recommendation to authorize the Mayor to sign and execute the addendum to the collective bargaining agreement between the City of Waterloo and the Police Protective Association, be received, placed on file and "Resolution approving said addendum", be adopted and Mayor authorized to execute same. Ayes: Four. Nays: Jordan, Krizek. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-97. ADJOURNMENT 102698 - Mollenhoff/Jordan that the Council adjourn at 9:02 p.m. Ayes: Six. Absent: Anders. Motion carried. Tom Campbell Acting City Clerk/Auditor