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.
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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.
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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