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HomeMy WebLinkAbout02/13/1995A February 13, 1995 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, February 13, 1995. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff. Invocation by: Reverend Keith Pillar, Our Savior's Lutheran Church, ELCA Pledge of Allegiance: Councilperson Scott Jordan Recognition of Week: Flack Interior Design Associates, Inc., Kathy Flack 104254 - Murphy/Mollenhoff that the Agenda, as amended, for the Regular Session on Monday, February 13, 1995, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 104255 - Jordan/Collier that the Minutes, as proposed, for the Regular Session on Monday, February 6, 1995, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a Proclamation declaring February 23, 1995 as VFW Auxiliary Day. Mayor Rooff introduced the following newly appointed firefighters: Matthew Andersen, David Floyd, Matthew Knox and Joseph Junk. HEARINGS 104256 Mollenhoff/Jordan that proof of publication of notice of public hearing on the proposal of Operation Threshold to convey to the City property locally known as 812 Logan Avenue (acquired from the Resolution Trust Corporation), as published in the Waterloo Courier on February 7, 1995, be received and placed on file. Ayes: Seven. Motion carried. 104257 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Collier/Murphy that the hearing be closed. Ayes: Seven. Motion carried. 104258 - Krizek/Collier that "Resolution accepting the deed for said property", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-83. 104259 - Anders/Jordan that proof of publication of notice of public hearing on request of B & R Quality Meats, Inc. to sell and convey right of way generally located at the northwesterly corner of Oak Street and Franklin Street for $800.00, as published in the Waterloo Courier on January 27, 1995, be received and placed on file. Ayes: Seven. Motion carried. 104260 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Murphy/Collier that the hearing be closed. Ayes: Seven. Motion carried. 104261 - Jordan/Murphy that "Resolution authorizing sale and conveyance of said property", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-84. UNFINISHED BUSINESS 104262 - Getty/Murphy that "Resolution approving award of contract to Nutri-Ject Systems of Hudson, Iowa in the amount of $176,200.00 for Barscreen Replacement at Waste Water Treatment Plant", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-85. REPORTS 104263 - Krizek/Collier that "Resolution approving the Human Rights Policy Statement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-86. February 13, 1995 Reports - continued 104264 - Jordan/Murphy Page 2 that the Abstract of Votes from the Special Election held on January 24, 1995 for the 1% Local Option Sales & Service Tax be received and placed on file. Ayes: Seven. Motion carried. 104265 - Mollenhoff/Collier that communication from Recreation Director transmitting forms for Young Arena Ice Rental agreements and Young Arena Special Events contracts be received, placed on file and "Resolution approving said forms", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-87. DOCUMENTS 104266 - Jordan/Murphy that communication from Police Chief and Fire Chief transmitting 28E Agreement establishing a Consolidated Public Safety Communications Center, 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 discussion was heard. Councilperson Getty voiced his objection to approving the 28E agreement that has been proposed. He recognized the hard work that was done by the Chiefs of the Police and Fire departments but he is concerned that City employees will not be treated fairly in the agreement as written. The dispatchers are faced with being transferred to another government agency and losing seniority rights for job bidding, layoff or shift selection. It is recommended that the Public Employment Relations Board review this process and assist in working to dovetail the dispatchers into the County bargaining contract. Councilperson Jordan stated that the Police and Fire Chief have reassured the council that the employees would be taken care of but that the communications center needs to move forward as directed through public support of the referendum vote. Councilperson Anders expressed his apprehension with the fact that the City of Waterloo will have the majority in numbers of trained dispatchers and provides fifty-two percent of the funding for the center but is not able to protect their employees rights. He supports the measure but feels the need to assist in the employees transition to a consolidated center. Councilperson Murphy informed the council that he spoke to the Teamsters representative in Cedar Rapids and they assured him that the employees' rights would be protected. Sally Schmoll, 908 Prairie Meadow Court, introduced herself as a nineteen year City employee whose seniority rights would be drastically affected by this agreement. Ms. Schmoll stated her concern is that the 28E agreement as written allows the County employees to have super seniority which will affect shift selection, vacation and layoff. The City of Waterloo and Cedar Falls dispatchers should not be penalized by the loss of seniority for becoming County employees to hold onto their jobs. The initial spirit of the consolidations was to merge all dispatching centers into one, the merging should include the blending of employee seniority rights for all groups. Councilperson Mollenhoff reinforced the fact that this is really a problem between Teamsters bargaining groups and not an issue which the 28E document will resolve. Mayor Rooff explained that the first concern faced during the development of a consolidated center was that no employees lose their jobs. It is understood that the pay rate and benefits may be higher under the County's bargaining contract. The Council needs to approve the agreement so that deadlines for funding can be met. Councilperson Mollenhoff encouraged the board that is going to be established to take this issue to PERB for a determination. Sally Schmoll stated the employees support the need for a combined dispatch especially in relation to 911 emergency calls that are now being transferred from one department to the next before assistance can be dispatched. The employees main concern is for job security and she requests that the agreement be changed to address this issue. The issue of which agency should pursue the issue with PERB was discussed and Jim Walsh, City Attorney, stated that either the County or the Teamster's group can place the issue before PERB for a ruling. Fire Chief Magsamen stated that both Chiefs share a concern for the dispatchers however the purpose of the 28E was not to create another layer of government so the County was selected to do administrative functions for the Consolidated Communications Center. All parties have been working to guarantee jobs for current employees but until the board is organized no policies and procedures for operations can be determined. The first obligation of the City of Waterloo is to look out for its citizens and employees. 1 February 13, 1995 Page 3 Documents - continued Chief Koehrsen explained that the 28E agreement needs to be passed then the board can work on this issue. However the board can't protect the dispatchers from union actions. The Teamsters union needs to protect its members as it is being paid to do. Wendy Irwin, 905 Progress, reported that she talked to Susan Bolte with the Public Employment Relations Board. Ms. Bolte's opinion on the issue is that if the 28E agreement is approved as written the County would be the employer and all seniority rights are lost. Ernie Boykin, PO Box 1801, inquired whether a stipulation could be placed in the 28E to protect the seniority rights and whether this could be worked out by next week for council action. Rich Knief, president of the Waterloo Police Protective Association, addressed the council about his concern for the safety of the officers on the street. Waterloo dispatchers currently answer more calls for service than all the other entities involved. The experience that Waterloo dispatchers have with all types of calls for service is critical to the safety of the patrol officers. The WPPA would like assurance that one Waterloo dispatcher will be assigned to each shift during the transition period. It will not be a critical issue after experience is gained by all the dispatchers but for the first two years would impact the officers safety. He has spoken to the Black Hawk County Personnel Director, Tom Pounds and Mr. Pounds has disputed the Sheriff's office contention that position assignment is discretionary. The Sheriff's department has been giving the entities wrong information and has not been forthcoming with any satisfactory responses to these questions. The agreemefit that is being voted on today will remain in effect until January of 1997. Following discussion a vote was taken on the above motion with the following result. Ayes: Five. Nays: Murphy, Getty. Resolution adopted and upon approval by Mayor assigned No. 1995-88. 104267 - Anders/Krizek that communication from Building Official transmitting 28E Agreement with Iowa Northland Regional Council of Governments (INRCOG) for contractors' certificates of insurance, be received, placed on file and "Resolution approving said 28E Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-89. 104268 - Mollenhoff/Jordan that communication from City Planner transmitting Final Plat of BV Addition, together with Engineer's Certificate of Survey and the Deed of Dedication, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-90. 104269 - Getty/Collier that communication from City Planner transmitting Final Plat of Anderson's First Addition, together with Engineer's Certificate of Survey and the Deed of Dedication, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-91. RESOLUTIONS TO BE ADOPTED 104270 - Mollenhoff/Murphy that "Resolution authorizing commencement of condemnation proceedings for Parcels B and C in conjunction with Young Arena parking", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-92. 104271 - Anders/Murphy that "Resolution approving acquisition contract payment in the amount of $14,000.00 for Parcel No. 17 (Keith & Rita Zabel) in conjunction with Sherwood Park Voluntary Acquisition, Phase I", be adopted. Prior to a vote on the above motion, the following discussion was heard. Councilperson Jordan asked whether the City is liable for the properties as soon as they are purchased. Jim Walsh, City Attorney affirmed the fact that the City is liable for the property as soon as the deed is transferred. February 13, 1995 Page 4 Resolutions to be Adopted - continued Following discussion a vote was taken on the above motion with the following result. Ayes: Five. Nays: Jordan, Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-93. 104272 - Mollenhoff/Collier that "Resolution transferring from the General Fund the sum of $57,716.50 to the Park Improvement Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-94. ORDINANCE TO BE ADOPTED 104273 - Mollenhoff/Murphy that "an Ordinance re-establishing the Self -Supported Municipal Improvement District (SSMID)", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. BILLS PAYMENT 104274 - Krizek that "Resolution approving Schedule A918, pp. 1-52, dated February 13, 1995, in the amount of $786,546.83, copies of which are on file in the City Clerk's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-95. NEW BUSINESS 104275 - Mollenhoff/Jordan to instruct City Engineer to prepare plans, specifications, form of contract, etc. for the F.Y. 1995 Sidewalk Repair Program - Zone 7, Contract No. 482, be received, placed on file and approved. Ayes: Seven. Motion carried. 104276 - Getty/Jordan that plans, specifications, form of contract, etc. for the F.Y. 1995 Sidewalk Repair Program - Zone 7, Contract No. 482, be received, placed on file and approved. Ayes: Seven. Motion carried. 104277 - Anders/Murphy that "Resolution preliminarily approving plans, specifications, etc. for the above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-96. 104278 - Getty/Mollenhoff that "Resolution etc. and taking Chambers on the notice of same. setting date of hearing on plans, specifications, form of contract, of bids as March 6, 1995, at 7:00 p.m. in the City Hall Council above project", be adopted and City Clerk instructed to publish Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-97. 104279 - Jordan/Krizek that communication from Building Official transmitting recommendation of appointment of Steve Hostetler to the position of Chief HVAC Inspector, effective February 27, 1995, subject to passing physical examination, be received, placed on file and approved. Ayes: Seven. Motion carried. 104280 - Murphy/Jordan that communication from City Planner transmitting recommendation of appointment of Deborah Daw to the position of Secretary, effective February 14, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. Travel Requests 104281 - Mollenhoff/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Darwin Cunningham, Police Investigator, to attend Child Abuse and Exploitation Investigative Techniques Training in Tulsa, Oklahoma on April 24-27, 1995, with costs not to exceed $210.00, including the use of city vehicle. '1 February 13, 1995 Page 5 Travel Requests - continued 2. Dennis Gentz, Assistant City Engineer, to attend Asphalt Paving Association of Iowa 36th Annual Workshop in Des Moines, Iowa on March 2-3, 1995, with costs not to exceed $152.50, including the use of city vehicle. 3. Paul Huting, Superintendent of Parks, to attend 1995 Iowa Parks and Recreation Annual Conference in Sioux City, Iowa on March 26-29, 1995, with costs not to exceed $440.00, including the use of city vehicle. 4. Richard Grimm, Superintendent of Streets/Sanitation; Larry Cunningham, Superintendent of Garage; Terry Lorenzen, Airport Director; and Councilpersons Harold Getty, and Joe Collier to study use of automated garbage trucks in Minneapolis, Minnesota on February 16, 1995, with costs not to exceed $450.00. Ayes: Seven. Motion carried. MISCELLANEOUS 104282 - Anders/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 and cigarette permit application be received, placed on file and approved: 1. Beer License Permit Application Class C Fareway Stores, 40 West San Marnan Drive (New) (Expires 2/15/96) 2. Beer/Wine License Permit Application Class E S & S Meats, 920 West 5th Street (Renewal) (Expires 3/7/96) (Includes Sunday Sales) National Cigar Store, 617-619 Sycamore Street (Expires 3/2/96) (Includes Sunday Sales) Cigarette Permit Application Fareway Stores, 40 West San Marnan Drive Ayes: Seven. Motion carried. BONDS 104283 - Mollenhoff/Jordan that the report of the City Attorney and list of bond filed with the City Clerk through February 13, 1995, be received, placed on file and report and bond be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 104284 - Tom Hall, 303 Logan Ave, requested that the Councilperson in his ward investigate the parking problems on Logan Avenue and Argyle Street. Parking is an ongoing problem with the residents and he would like to look into using a vacant lot to alleviate some of the problems. Councilpersons Collier and Anders agreed to work on this issue with Mr. Hall. Anders/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 104285 - Mollenhoff/Collier that the Council adjourn at 8:05 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk