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HomeMy WebLinkAboutMinutes-12/14/2015 December 14, 2015 The Council of the City of Waterloo, Iowa, met in Regular Session at Har2ld5 E. Mayor Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Monday, December 14, Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Ron Welper, Ward 5 Council Member 145373 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, December 14, 2015, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 145374 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, December 7, 2015, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 145375 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated December 14, 2015, in the amount of $3, 654, 787.56, 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. 2015-943. 2. Resolution approving request to certify the following assessment to property for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees. Resolution adopted and upon approval by Mayor assigned No. 2015-944. 3. Resolution preliminarily approving bid documents and specifications and setting date of bid opening as December 17, 2015 and date of public hearing as December 21, 2015, for the purchase of one (1) set of mobile lifts to support vehicle maintenance operations in the Central Garage and direct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2015-945. 4 . Resolution preliminarily approving bid documents and specifications and setting date of bid opening as January 7, 2016 and date of public hearing as January 11, 2016 for the purchase of Replacement Salt Spreaders to support snow and ice control operations in the Street Department, and instruct City Clerk to publish notice of specifications. Resolution adopted and upon approval by Mayor assigned No. 2015-946. b. Motion to approve the following: I Travel Requests Name & Title ofAmount not Class/Meeting Destination Date(s) to Exceed Personnel a. Brian Baker, Chief 8-Hour HVAC Update Hawkeye February $239.00 HVAC Inspector Course Community 12, 2016 College b. Steve Hostetler, Residential Coralville, January 22, $168.00 Permit Writer Plumbing Inspector IA 2016 Exam C. Tom Klein, Brad Iowa Turfgrass Coralville, January;25- $585.00 VanderWerff, Bob Conference and IA 27, 201Jorgensen, Golf Tradeshow Superintendentsd. JB Bolger, Golf Iowa TurfgrassCoralville, January $110.00 December 14, 2015 Page 2 Manager Conference and IA Tradeshow 2016 2. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunday a. Volks Haus, 324 E. 4th C Liquor Renewal 11/22/2016 X Street b. Trucker Bar, 1915 C Liquor Renewal 12/12/2016 X Bourland Avenue c. Placita,'322W. 4th B Beer Renewal 11/30/2016 X Street d. King Star, 127 E Liquor Renewal 11/06/2016 X Jefferson Street e. Independence Ave E Liquor / B Renewal 11/14/2016 X Liquor & Food, 1761 Wine / C Beer Independence Avenue f. Galleria De Paco, 622 C Liquor Renewal 12/19/2016 Commercial Street g. The Brown Bottle, 209 C Liquor Renewal 10/21/2016 X W. 5th Street h. ALDI, Inc. #33, 1918 C Beer / B Wine Renewal 11/03/2016 X Schukei Rd. 3. Bonds. Roll call vote-Ayes: Seven. Item 1.b.2.b: Ayes: Five. Nays: Two (Schmitt, Cole) . Motion carried. RESOLUTIONS 145376 - Schmitt/Hart that "Resolution approving First Amendment to the Lease and Use Agreement for Young Arena with Black Hawks Hockey, LLC, providing that the City and Black Hawks Hockey, LLC shall retain their respective income from alcohol sales under each respective liquor license", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mayor Clark explained that the sharing of alcohol sales is illegal and needs to be removed from the lease to allow the Blackhawks to obtain a liquor license. Motion carried. Mr. Hart asked if the City has received any funds under the current agreement. Mayor Clark stated that they have not. Suzy Schares, City Clerk, clarified that there has been no legal violation by the City under the current agreement. Steve Murphy, 124 Terrace Drive, expressed concern that we are in a sales competition with the Black Hawks in a building we own. Mr. Jones stated that the City did have extensive discussion on this and agreed that they would take a look at it as it progressed and modify it as necessary. Mayor Clark agreed with Mr. Jones and stated that, to their credit, the Black Hawks have invested a great deal of money into a building that they do not own and no one knows at this time if either the City or the Black Hawks will end up making money. Mr. Hart stated that at the end of this year they would re-evaluate this contract. He went on to say that, since the beginning of this season, the city is the only one that has made any money within this agreement. Resolution adopted and upon approval by Mayor assigned No. 2015-947. 145377 - Schmitt/Hart that "Resolution approving Contract Amendment No. 20 for contract 08-DRH-211 with the Iowa Economic Development Authority to amend Article 8 reports, decreasing the award amount total from $5,294, 019 to $5, 285, 019 and amend the contract end date to December 31, 2016, and authorize Mayor to execute said amendment", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-948. Page 3 December 14, 2015 145378 - Schmitt/Hart of three new private streets serving that "Resolution approving the naming "Overlook Drive", and "Lismore Lane Landmark Commons as Maxhelen Boulevard", , be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Schmitt questioned how the names of these streets came to be. Eric Thorson, City Engineer, explained that the owners submit the names and the City reviews them and compares them to other existing street names to ensure that the names are not the same or too similar which could cause confusion particularly when it comes to public safety services. Resolution adopted and upon approval by Mayor assigned No. 2015-949. 145379 - Schmitt/Hart that "Resolution approving Completion of Project and Recommendation of Acceptance of work performed by Ricklefs Excavating, Ltd of Anamosa, Iowa in the amount of $467, 202.88 for the LaPorte Road Pumping Station and Force Main, Contract #847, and receive and file two (2) year maintenance bond", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-950. 145380 - Welper/Hart that "Resolution approving the 2016 Cedar Valley SportsPlex Membership and Rental Fees", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mark Gallagher, Recreation Services Manager, explained the proposal is approximately a 5% increase to membership fees and a loo increase to rental fees. Current members' rates will not be increased. Mr. Schmitt questioned raising the rates when the facility is making money. Paul Huting, Leisure Services Director, explained they are looking to the future and attempting to set the SportsPlex up for funding of future equipment replacement that will ultimately be needed. Mark Gallagher explained that small increases every two to three years is better than a dramatic increase in five years. Mr. Morrissey asked if this increase would in any way affect low income children' s ability to utilize the SportsPlex. Paul Huting stated that they would work diligently through existing programs to ensure that no one is left out. Mark Gallagher stated that low income families currently get a 25% discount on memberships. The rate increase would affect any new membership. He also stated that the ultimate goal would be to make the SportsPlex accessible to everyone. Mr. Lind questioned if current members would have their rates raised in the future. Mark Gallagher stated that a rate increase for all members could happen in the future but there were no definite plans for that at this time. Resolution adopted and upon approval by Mayor assigned No. 2015-951. 145381 - Welper/Hart that "Resolution approving fees for Waterloo Leisure Services Spring 2016-Winter 2017 Sports Programs", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-952. 145382 - Cole/Welper that "Motion approving Change Order No. 2 for a net increase of $3,277 .14 for the F.Y. 2012 Lou Henry Hoover Memorial Sculpture Garden, Contract No. 803 and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Mr. Hart stepped out. Motion carried. 145383 - Cole/Welper December 14, 2015 Page 4 that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. , of Reinbeck, IA at a total cost of $93, 773.24 in conjunction with F.Y. 2012 Lou Henry Hoover Memorial Sculpture Garden, Contract No. 803", be adopted. Roll call vote-Ayes: Six. Mr. Hart stepped out. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-953. 145384 - Cole/Welper to approve Change Order No. 3 for a net decrease of $55, 708. 07 for the F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863 and authorize the Mayor and City Clerk to execute said document. Roll call vote- Ayes: Six. Mr. Hart stepped out. Motion carried. 145385 - Morrissey/Welper that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Todd Van Dorn Construction, of Cedar Falls, Iowa, at a total cost of $347, 258.34 for the F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-954. 145386 - Morrissey/Welper that "Resolution approving submission of grant application to Black Hawk County Gaming Association in the amount of $750, 000.00 with a $750, 000. 00 city match to be used to rehabilitate the 4th Street Bridge Walkway over the Cedar River", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the grant application. Mayor Clark explained that this is a submission for a grant and the City has been saving bond money to repair the canopy. A large portion of the cost is to comply with the DNR to capture materials from falling in the river. Eric Thorson, City Engineer, the canopy was placed in 1974. The updates will be to replace and repair the existing canopy structure as well as lighting fixtures. Forest Dillavou, 1725 Huntington Road, suggested using TIF funds to pay for the repairs. Resolution adopted and upon approval by Mayor assigned No. 2015-955. 145387 - Morrissey/Welper that "Resolution approving Construction Plans for Sanitary Sewer serving Greenbelt Centre Plat No. 7, as submitted by VJ Engineering, of Cedar Falls, Iowa; and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the Department of Natural Resources and the final acceptance of construction plans subject to the review and acceptance by the DNR, and authorize Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Lind questioned if the City can use TIF funds to pay for this project. Eric Thorson explained that this is being paid for by the developer, not the City. Resolution adopted and upon approval by Mayor assigned No. 2015-956. 145388 - Hart/Welper that "Resolution approving the Environmentally Beneficial Alley Permeable Pavement Project Agreement with the Iowa Department of Natural Resources, to satisfy the Iowa Department of Natural Resources' $136, 000.00 Consent Decree fine", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-957. 145389 - Hart/Morrissey that "Resolution approving three-year collective bargaining agreements with Communications Workers of America Local No. 7175; International Association of Firefighters Local No. 66; Municipal Employees Local Union No. 353; Teamsters Local No. 238; and Waterloo Police Protective Association, AFSCME Local 1195 Engineers & Planners Group and Police Lieutenants & Code Enforcement Officers Page 5 December 14, 2015 call vote-Ayes: Five. Nays: Two (Schmitt, Lind) Group", be adopted. Roll Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-958 . 145390 - Lind/Schmitt To table indefinitely items 15 and 16 the bargaining contracts and the non- bargaining policy updates and salary increases. Ayes: Two. Nays: Five (Morrissey, Welper, Hart, Cole, Jones) . Motion failed Ms. Cole questioned the reason for the request to table. Mr. Lind stated that he believed that these items should be handled by the incoming Mayor and council and noted that the collective bargaining agreements are typically approved in April. Mayor Clark explained approving the bargaining contracts at this time means that budget planning for this year will be more accurate as salary figures will be set. This has not been the case in years past. Mr. Morrissey expressed dissatisfaction with Mr. Lind' s comments. Mr. Jones stated that he understood the increases to be in line with other communities and a delay would serve to slow down the budgeting process. Mr. Schmitt expressed support for Mr. Lind' s comments and motion and expressed concern with the rate increases compared to the citizens wages. Mr. Jones expressed his appreciation for Mr. Schmitt' s comments and went on to explain that, because of the way the rules are in the bargaining process, if the union' s request a certain pay increase and the city counters with an offer of a zero pay increase, the negotiations would then go to arbitration and the unions would be granted an increase much like the one being offered in the agreement before council at this time. Suzy Schares, City Clerk/Human Resources Director, explained extensive work went into the negotiation and creation of these contracts in order to get them finished in a reasonable length of time, all while being mindful of the amount of tax dollars spent on the process. The whole process is structured to be as cost effective as possible. David Dryer, 3145 W. 4th Street, stated that he failed to see what other communities had to do with what our city was offering. Forest Dillavou, 1725 Huntington Road, requested to see a dollar amount instead of percentages and a plan for where the money for the increase would come from. Mr. Jones stated that we have to play by the rules as they exist today whether we like it or not. Mr. Lind asked for clarification on how the arbitration process works. Suzy Schares explained arbitration. Mr. Morrissey stated he believed that Mr. Lind was suggesting that the city go into negotiations with the mindset that we would be going into arbitration. He went on to say that he believed that this was a violation of the practice of good faith negotiations and arbitration is not an inexpensive process. Forest Dillavou, 1725 Huntington Road, stated that his belief is there is negotiation within the arbitration process. John Sherban, 1715 Robin Road, questioned where the money would come from to pay for these raises. David Dryer, 3145 W. 4th Street, asked to see a list of the benefits involved in this contract. Randy Herrod, 111 Highland Blvd. , stated that the taxpayers, some of whom got a zero pay raise this year, would be required to pay for these pay increases. Mr. Jones stated that a delay or an entrance into arbitration would cost the City even more and, by acting on this now, the council is attempting to do what is best for all parties involved. Mr. Schmitt reminded everyone that the council has a good faith responsibility with the taxpayers and issues like this pay increase is where that responsibility starts. December 14, 2015 Page 6 Mr. Lind questioned if the City can afford the increases proposed in the contract. Michelle Weidner, Chief Financial Officer, explained rough estimates for the cost of the union contracts over the next three fiscal years as follows: FY17 $830, 000, FY18 $900, 000 FY19 $960, 000. She further noted that state law controls bargaining for Cities, and unlike private companies, cities do not get to say that they cannot afford pay increases. Complaints about how taxpayers will pay for wage increases need to be directed to the legislature. Mr. Hart questioned where the money comes from to pay for employee positions. Michelle Weidner explained most employee wages are paid by the general fund while other wages are paid by federal funding, road use tax, local option sales tax, sewer, garbage, and storm water fees, and grants or donations. Mr. Welper noted that he has approved five union contracts and he believes this is the lowest increase he has seen. He thanked Suzy Schares and everyone involved on all sides for negotiating a good contract. 145391 - Hart/Morrissey that "Resolution approving an amended non-bargaining employee policy and a 2. 4 percent salary increase for non -bargaining employees effective July 1, 2016", be adopted. Roll call vote-Ayes: Five. Nays: Two (Schmitt, Lind) . Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-959. ORDINANCES 145392 - Hart/Morrissey that "an Ordinance amending the Ordinance Nos. 3912, 4749 and 4902, and providing that general property taxes levied and collected each year on all property located within the Amended and Restated East Waterloo Unified Urban Renewal and Redevelopment Area of the City of Waterloo, County of Black Hawk State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in conjunction with the Amended and Restated East Waterloo Unified Urban Renewal and Redevelopment Area Project", be received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Six. Nays: One (Lind) . Motion carried. David Dryer, 3145 W. 4th Street, questioned how much money was in each TIF District. Michelle Weidner, Chief Financial Officer, when an urban renewal district is established, they must create a budget for the district on how to spend the funds that will go into the district. A budget was established to spend 9.3 million on property acquisition. Every time some money is spent it must come before Council. Leon Mosley, 99 Mosley Street, spoke in support of passing the ordinance. Joyce Wilder, 226 Bates Street, spoke in support of the merger. Maxine Tisdale, 438 Cottage Street and President of We Care Neighborhood Association, spoke in support of the merger. Mayor Clark noted a legitimate developer wants to develop Logan Plaza. LaTonya Graves, 607 E. Donald Street, spoke in support of the ordinance. Carlos Anderson, 1628 Columbia Street, spoke in support of the ordinance. Jim Chapman, 224 Bertch, spoke in support of the ordinance. Bruce Kaiser, 514 E. 2nd Street, encouraged everyone to work together. Mr. Jones noted that this is the most economical way to do the project and spoke in support of the ordinance. Mr. Lind questioned who will be developing Logan Plaza and why. Page 7 December 14, 2015 Noel Anderson, Community Planning and Development Director, explained that combining the TIF Districts will give the City more options in completing projects. Any work on projects will come to Council for approval. Mr. Hart noted that the City has gone above and beyond with the land owner of Logan Plaza to help move the project ahead after 30 years of decline to the site. The City now has the opportunity to make real change for the site. Mr. Schmitt explained he prefers to go through a second and third reading of an ordinance like this to give everyone an opportunity to come to the meeting and voice their opinion. Mr. Hart noted that the businesses that left Logan Plaza were because of the condition of the building and the relationship with the owner. Noel Anderson explained that the City worked with HyVee, CVS Pharmacy, and Dollar General to grow their businesses in and around Logan Plaza but the current owner would not meet their needs. Mr. Morrissey explained that last week the Community Planning and Development Director stated the ordinance needed to be passed in a timely manner before the end of the year, and that Mr. Morrissey felt that was a good reason to suspend the rules. He further noted that rule suspension serves a purpose when a majority of council is in favor of an ordinance. Mayor Clark noted Mr. Lind and Schmitt voted to table the item until a new council took over next year and encouraged Mr. Schmitt and Mr. Lind to listen to what their constituents are asking them to do. He further noted that the current owner of Logan Plaza has been difficult to work with and is letting the building slip into decline. Sharee Nelson, 1155 Dixon Drive Apt. #4, spoke in favor of the ordinance. Anita Young, 400 Gable Street, questioned why Mr. Schmitt is holding up the project. Mr. Schmitt explained he did not vote in favor of suspending the rules because he wanted residents to have the opportunity to come to City Hall and voice their opinions about the TIF merger. William Frost, 919 Reed Street, questioned how the TIF money will affect residents of the area. Mayor Clark explained the merger will have a positive impact on the residents near Logan Plaza. 145393 - Hart/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Nays: One (Lind) Motion carried. 145394 - Hart/Morrissey that "an Ordinance amending the Ordinance Nos. 3912, 4749 and 4902, and providing that general property taxes levied and collected each year on all property located within the Amended and Restated East Waterloo Unified Urban Renewal and Redevelopment Area of the City of Waterloo, County of Black Hawk State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in conjunction with the Amended and Restated East Waterloo Unified Urban Renewal and Redevelopment Area Project", be considered and passed for the third time and adopted. Roll call vote-Ayes: Six. Nays: One (Lind) . Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5323. 145395 - Cole/Hart that "an Ordinance establishing Grades in the City of Waterloo in conjunction with the F.Y. 2016 Sidewalk Repair Assessment Program - Zone 5, Contract No. 892", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 145396 - Cole/Hart December 14, 2015 Page 8 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 145397 - Cole/Hart that "an Ordinance establishing Grades in the City of Waterloo in conjunction with the F.Y. 2016 Sidewalk Repair Assessment Program - Zone 5, Contract No. 892", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5324 . OTHER COUNCIL BUSINESS 145398 - Hart/Morrissey that motion approving Change Order No. 4 authorizing the use of the remaining $48, 336.75 originally marked for asphalt to complete additional painting on Runway 12-30 in conjunction with the Rehabilitation of Taxiway Alpha (East) project and approve a net decrease of $19.15, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS Bruce Kaiser, thanked City staff, residents and business owners for clearing their sidewalks when it snowed. Forest Dillavou, 1725 Huntington Road, praised Street department for taking care of an issue and all street lights on University Avenue are working. David Dryer, 3145 W. 4th Street, spoke regarding an opinion article in the Courier concerning people who regularly speak at council meetings. Mr. Hart noted that the oral presentations will when he takes office as Mayor in January. 145399 - Hart/Morrissey that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 145400 - Hart/Morrissey that the Council adjourn at 7:21 p.m. Voice vote-Ayes: Seven. Motion carried. Suzy Schar s, CMC City Cle /Human Resource Director