HomeMy WebLinkAboutMinutes-08/18/2003• •
August 18, 2003
The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, August 18, 2003. Mayor John R. Rooff
in the Chair. Roll Call: Kincaid, Welper, Clark, Jordan, Hurley, Getty. Absent:
Greenwood.
Invocation by: Pastor Rick Oesterling, Cedar Valley Community Church.
Pledge of Allegiance: Denny Bell, Superintendent of Central Garage.
ORAL PRESENTATIONS
118693 - Jerry Shatzer, 1829 West 7th Street, congratulated Mayor Rooff and Don Hoth for
presenting petitions for the gambling referendum to the Black Hawk County Board
of Supervisors. Mr. Shatzer stated he was disappointed to see a business owner
presenting the petitions alone because a lot of Right to Know people feel
things are done to help out businesses that have made bad decisions. Mr.
Shatzer stated he would not like the boat downtown because of the traffic flow
and customer comfort level. Mr. Shatzer stated he feels the National Cattle
Congress is the place for gambling because when John Deere was involved with
the National Cattle Congress it was a good idea to use the Vision Iowa money,
once John Deere moved out, then it was a bad idea. Mr. Shatzer stated he feels
if we put a gambling boat by the National Cattle Congress it will cause
migration not just from Black Hawk County but to Black Hawk County. Mr.
Shatzer asked the council to take off its political hat, drive to Diamond Joes
Casino in Dubuque because they would get some kind of idea of traffic flow if
we use the National Cattle Congress because the motels and restaurants in
Dubuque are located away from the casino and they are not suffering but
growing. Mr. Shatzer stated he feels we would have the same identical
situation here as at Diamond Joes. Mr. Shatzer stated without the National
Cattle Congress, he feels it will turn into a white elephant.
Mayor Rooff stated that there were over 7,000 signatures on the petition.
Mayor Rooff reported that several gaming companies have approached the council,
and they want to get that information to the right people because it sounds
like the State of Iowa will soon be looking at the issue of additional gambling
licenses. Mr. Shatzer stated that locating the river boat by the National
Cattle Congress will help the busing system, and he sees nothing but positive
coming out of this and supports gambling and the National Cattle Congress
location. Mr. Shatzer stated this is finally a solution to helping Waterloo.
Getty/Jordan
that the above oral comments be received and placed on file. Ayes: Six.
Absent: Greenwood. Motion carried.
118694 - Hurley/Kincaid
that the Agenda, as proposed, for the Regular Session on Monday, August 18,
2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
118695 - Hurley/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, August 11,
2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
Mayor Rooff recognized Leon Mosley and presented a Certification of
Appreciation.
CONSENT AGENDA
118696 - Jordan/Welper
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Communication from Police Chief transmitting request of United Sisters
of Black Hawk County to hold United Sisters of Black Hawk County Fall
Freedom Fest on September 6, 2003, from 10:00 a.m. to 6:00 p.m. at
Lincoln Park and Sullivan Park, including a freedom walk beginning at
Lincoln Park and ending at Sullivan Park.
Resolution adopted and upon approval by Mayor assigned No. 2003-545.
August 18, 2003 Page 2
CONSENT AGENDA CONTINUED
2. Communication from City Clerk transmitting request of United Sisters
of Black Hawk County for a variance to the Noise Ordinance on
September 6, 2003, from 11:00 a.m. to 7:00 p.m. in conjunction with
Fall Freedom Festival to be held in Sullivan Park, which includes
games, food and gospel singing, together with recommendation of
approval of the Police Chief.
Resolution adopted and upon approval by Mayor assigned No. 2003-546.
3. Communication from City Engineer transmitting request of Keith
Haycraft for a waiver for a concrete driveway to be located at 1152
Forest Avenue, together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2003-547.
4. Communication from City Engineer transmitting request of Greg Schmitz
for a waiver for a concrete driveway to be located at 2362 Muncy
Avenue, together with recommendation of approval.
b.
c.
d.
Resolution adopted and upon approval by Mayor assigned No. 2003-548.
Motion to approve the following:
1. Doug Erpelding, Plan Review Specialist, to attend 2003 International
Codes—IBC and IRC Seminar in Cedar Rapids, Iowa, on October 8-10,
2003, with costs not to exceed $330.00, including use of city vehicle.
2. Terry Geerdes, Sewer Maintenance Worker; and Kent Quin, ICT Foreman,
to take the TV van to Aries Industries, Inc. in Sussex, Wisconsin, on
August 18-21, 2003, with costs not to exceed $710.00, including use of
city vehicle.
3. Sue Holms, Police Sergeant; and James Noss, Police Officer, to attend
Urban Potential Seminar in Waterloo, Iowa, on August 20, 2003, with
costs not to exceed $198.00 each.
4. Ben Blocker, Police Officer, to attend Urban Potential Seminar in
Waterloo, Iowa, on August 15, 2003, with costs not to exceed $198.00.
5. Communication from Mayor John Rooff transmitting recommendation of
appointment of Pat Becker to the Waterloo Metropolitan Transit
Authority, with term expiration date of July 1, 2004.
Beer/Wine License
Special Class BW
Young Arena, 125
Sunday Sales)
Beer/Liquor
Class C
Narey's 19th Hole,
Sunday Sales)
Permit Application
Commercial Street (Renewal) (Expires 9/6/04) (Includes
License
Permit Application
2073 Logan Avenue (Renewal) (Expires 8/22/04) (Includes
e. Outdoor Service Area Application
Club 2000 Inc., 2000 Hawthorne Avenue on August 22, 2003
f. Bonds.
Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license
permit applications. Absent: Greenwood. Motion carried.
HEARINGS
118697 - Getty/Kincaid
that proof of publication of notice of public hearing on request of Steven and
Lori Harvey to vacate, sell and convey property generally located at the
northerly end of Engelwood Avenue and the easterly end of Stratford Avenue for
$2,000.00, as published in the Waterloo Courier on August 6, 2003, be received
and placed on file. Ayes: Six. Absent: Greenwood. Motion carried.
• •
• •
August 18, 2003
HEARINGS CONTINUED
Page 3
118698 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Jordan/Hurley
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission and oral and written comments be received and
placed on file. Ayes: Six. Absent: Greenwood. Motion carried.
118699 - Jordan/Clark
that "an Ordinance vacating property generally located at the northerly end of
Engelwood Avenue and the easterly end of Stratford Avenue", be received, placed
on file, considered and passed for the first time. Ayes: Six. Absent:
Greenwood. Motion carried.
118700 - Jordan/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried.
118701 - Welper/Kincaid
that "an Ordinance vacating property generally located at the northerly end of
Engelwood Avenue and the easterly end of Stratford Avenue", be considered and
passed for the second and third times and adopted. Ayes: Six. Absent:
Greenwood.
Ordinance adopted and upon approval by Mayor assigned No. 4637.
118702 - Hurley/Jordan
that "Resolution authorizing said sale and conveyance", be adopted and City
Attorney instructed to prepare and deliver deed accordingly. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-549.
UNFINISHED BUSINESS
118703 - Welper/Kincaid
that communication from Associate Engineer transmitting recommendation of award
of contract in the amount of $29,614.71 to Shelter Construction of Waterloo,
Iowa, in conjunction with F.Y. 2004 Sidewalk Repair Assessment Program - Zone
3, Contract No. 666, be received, placed on file and "Resolution approving said
award of contract", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-550.
PETITIONS FROM PUBLIC
118704 - Hurley/Getty
that communication from Associate Planner transmitting request of Craig
Industries, Inc. to rezone from "M-1" Light Industrial District to "M -2",M -P"
Planned Heavy Industrial District property generally located northwest of the
intersection of West Shaulis Road and Highway 63 for the purpose of a sand and
gravel pit and storage building facility, together with recommendation of
approval of the Planning, Programming and Zoning Commission, be received,
placed on file and "Resolution setting date of hearing as September 2, 2003, at
5:30 p.m. in the City Hall Council Chambers on the above described request", be
adopted and City Clerk instructed to publish notice of same.Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval of Mayor assigned No. 2003-551.
REPORTS
118705 - Getty/Welper
that communication from Chief Financial Officer transmitting report from
Berens -Tate Consulting Group on arbitrage rebate calculations for General
Obligation Bonds, Series 1995, Series 1996, Series 1997, Series 1998, Series
1999A, Series 2000, Series 2001, Series 2002A and Series 2002 be received,
placed on file and "Resolution approving said report", be adopted.
August 18, 2003 Page 4
REPORTS CONTINUED
Prior to a vote on the above motion, the following comments were heard.
Michelle Weidner, Chief Financial Officer, reported that Berens -Tate Consulting
Group was engaged to analyze the use of the city's bond funds to determine if
the city owes any rebate or penalty to the Internal Revenue Service on any of
the general obligation bond issues that were tested. Berens -Tate Consulting
Group determined there were none, and the tax exempt status of all the issues
is maintained.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-552.
118706 - Getty/Welper
that communication from Police Chief, City Clerk and Chief Financial Officer
transmitting Mayor's Youth Initiative Program Guidelines be received, placed on
file and "Resolution approving said guidelines", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Nancy Eckert, City Clerk, stated that each applicant is set a letter specifying
the process to apply for Mayor's Youth Initiative funds, and the language from
the letter was incorporated into the guidelines. The guidelines were
established because the city's auditors recommended that specific, written
guidelines be established to determine allowable and proper use of monies.
Councilperson Hurley asked if the guidelines indicate what the funds can be
used for. Police Chief Tom Jennings responded that the guidelines state that
the public purpose of the Mayor's Youth Initiative Program is to provide
education, employment and recreation opportunities for the youth of the
community.
Councilperson Hurley asked if the guidelines state the money can be used for
wages, foods, materials, etc. and do the guidelines ask the organizations to
provide the total dollar amount of the program's budget. Councilperson Hurley
stated he is not uncomfortable with the recommendation of the committee, but
the city is going to be looking at the guidelines for application for
hotel/motel funds and maybe we should look at the Mayor's Youth Initiative
guidelines at the same time, maybe tighten them up.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-553.
DOCUMENTS
118707 - Welper/Getty
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $29,614.71 from Shelter Construction
of Waterloo, Iowa, in conjunction with F.Y. 2004 Sidewalk Repair Assessment
Program - Zone 3, Contract No. 666, be received, placed on file and "Resolution
approving said documents", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Six.
Resolution adopted and upon
118708 - Jordan/Clark
Absent: Greenwood.
approval by Mayor assigned No. 2003-554.
that communication from Associate Planner transmitting request of Mian Nisar
Ahmed for tax exemptions on improvements totaling $75,000.00 for property
located at 802 Grant Avenue in the Consolidated Urban Revitalization Area,
together with recommendation of approval, be received, placed on file and
"Resolution approving said application", be adopted and City Clerk instructed
to forward same to County Assessor. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-555.
118709 - Jordan/Clark
that communication from City Planner transmitting Preliminary Plat of Audubon
Heights Third Addition, together with report of City Engineer, Deed of
Dedication and Staff Report, be received, placed on file and "Resolution
approving said Preliminary Plat", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adoplill and upon approval by Mayor ased No. 2003-556.
vp
• •
August 18, 2003 Page 5
DOCUMENTS CONTINUED
118710 - Jordan/Clark
that communication from City Clerk transmitting an agreement with Matt Parrott
& Sons of Waterloo, Iowa, to provide office supplies for city departments 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 comments were heard.
Councilperson Hurley stated that Dave Buck, President of Matt Parrott & Sons,
is the Treasurer of his mayoral campaign. Councilperson Hurley stated that he
talked with City Attorney Jim Walsh who advised him that is not sufficient
reason to abstain from the vote, but that he should divulge the relationship.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-557.
118711 - Jordan/Clark
that communication from Superintendent of Waste Management Services
transmitting Supplemental Agreement No. 1 with Earth Tech, Inc. of Waterloo,
Iowa, at a cost of $23,000.00 for construction -related services in conjunction
with Satellite Interceptor Corrosion Control Project, Contract No. 652, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-558.
118712 - Getty/Jordan
that communication from Assistant City Engineer transmitting construction plans
for paving and storm sewer facilities serving Cedar Terrace 5th Addition, as
submitted by Helland Engineering & Surveying, LTD of Cedar Falls, Iowa, be
received, placed on file and "Resolution approving said plans", be adopted.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-559.
118713 - Getty/Jordan
that communication from Fire Chief transmitting 29C.22 Statewide Mutual Aid
Compact, which allows participating counties, cities and other political
subdivisions to provide in advance for mutual assistance in managing any
emergency or disaster be received, placed on file and "Resolution approving
said Compact", be adopted and Mayor and City Clerk authorized to execute same.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-560.
118714 - Getty/Jordan
that communication from Building Official/Maintenance Administrator
transmitting an agreement with Gilmor & Doyle, LTD to provide
mechanical/electrical engineering services for design of the Johnson Controls
DDC System and associated electrical work with total fee not to exceed 6
percent and design for mechanical improvements and electrical lighting
improvements with total fee not to exceed 9 percent in conjunction with Five
Sullivan Brothers Convention Center Equipment Energy Retrofit Program be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-561.
I 118715 - Getty/Jordan
that communication from Building Official/Maintenance Administrator
transmitting Change Order Nos. G-15, G-16, G-17, G-18 and G-19 for a net
increase in the amount of $20,994.37 for work performed by Prairie Construction
Co. of Waterloo, Iowa, in conjunction with 2003 Five Sullivan Brothers
Convention Center Renovation Project be received, placed on file and approved
and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion
carried.
August 18, 2003 Page 6
RESOLUTIONS TO BE ADOPTED
118716 - Jordan/Welper
that "Resolution approving allocation of Fiscal Year 2004 Mayor's Youth
Initiative Funds", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Clark stated he just received the information in his packet over
the weekend, and he understands that this program is near and dear to Mayor
Rooff's heart, but he would like to table this item for one week to have more
time to digest the individual programs. Mayor Rooff responded that the program
is near and dear to his heart because children are near and dear to him.
Councilperson Hurley asked if any of the organizations are already spending the
money as if they expect to receive some funding. Mayor Rooff responded the
JROTC program, the Summer Sports Camps program and the Mayor's OlympiKids
Program have either spent the funds or are just starting their programs.
Mayor Rooff stated that funding for the Mayor's Youth Initiative Program is
reviewed by the council during the budget process.
Clark/Hurley
that "Resolution approving allocation of Fiscal Year 2004 Mayor's Youth
Initiative Funds", be tabled for one week. Ayes: Six. Absent: Greenwood.
Motion carried.
ORDINANCES TO BE ADOPTED
118717 - Jordan/Getty
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by adding a new Section 9-2-4A, Fees for Calls for Service, of
Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations
(creating fee for Fire Department calls for service)", be received, placed on
file, considered and passed for the first time.
Prior to a vote on the above motion, the following comments were heard.
Mayor Rooff read language changes to Section A(2), and minor word changes to
Section B and Section C. Section A(2) will read as follows: "A maximum fee
will be as provided for in the Waterloo Fire Department Guidelines for Billing
Commercial, Industrial, Business Retail and Commercial Rental Property, as
modified from time to time, upon proper verification of services provided by
the Waterloo Fire Department". Section B will be changed to remove the words
"....for the proof of loss" at the end of the sentence. Section C will be
changed by removing the word "...proper..." and inserting the word "...appropriate..."
Mayor Rooff stated that the ideal to create a fee for Fire Department calls was
brought to the city by insurance people as most insurance policies contain a
clause for the additional coverage and the amount the insurance will pay.
Frank Dowie, PDCM, stated that the coverage is basically in all commercial
policies, even smaller retail which gives a minimum of $500.00 of coverage.
Some larger businesses buy an enhancement of $1,000.00 to $25,000.00, and the
only way the city has the ability to bill for this service is proof of business
loss so we needed to create an ordinance. Mr. Dowie stated the Fire Chief has
a listing of guidelines for billing commercial, industrial business, retail and
commercial rental property which the Fire Department has used for many years
for other responses, and there is historic data behind it.
Councilperson Jordan stated he is concerned that if a business has insurance
the city will bill them, and if the business does not have insurance they will
not have to pay, and the perception is we are taking advantage of the insurance
companies. Mr. Dowie responded that the business owners are already paying for
the insurance in their insurance policy, and we are not taking advantage of
them. Mr. Dowie stated the insurance companies want the city to respond to the
calls so that the loss to the property is not so great.
Councilperson Hurley spoke regarding the section which gives the Fire Chief
authority to waive or negotiate the fee if there is a hardship and suggested
that a paragraph be put into the ordinance which would allow an appeal process
if a property owner disputes the fee.
Jim Walsh, City Attorney, responded that the ordinance gives the Fire Chief
some discretion for property owners with no coverage or who are self-funded.
Mr. Walsh stated that the intent is not to waive the fee for a property owner
who purposely dS not have coverage. •
• •
August 18, 2003
ORDINANCES TO BE ADOPTED CONTINUED
Page 7
Mr. Dowie stated that the fee is outside the deductible, but a property owner
who is self-funded would not have a deductible.
Mayor Rooff stated that he feels the language for the ordinance should be left
in the hands of the experts.
Jordan/Hurley
that the above language change to the ordinance be received and placed on file.
Ayes: Six. Absent: Greenwood. Motion carried.
118718 - A vote was taken on the motion to receive and file for the first time with the
following result. Ayes: Six. Absent: Greenwood. Motion carried.
118719 - Welper/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried.
118720 - Jordan/Clark
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by adding a new Section 9-2-4A, Fees for Calls for Service, of
Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations
(creating fee for Fire Department calls for service)", be considered and passed
for the second and third times and adopted. Ayes: Six. Absent: Greenwood.
Ordinance adopted and upon approval by Mayor assigned No. 4638.
BILLS PAYMENT
118721 - Jordan/Hurley
that "Resolution approving Schedule AP640, pp. 1-86, dated August 18, 2003, in
the amount of $1,151,649.39, a copy of which is on file in the City Clerk's
Office", be adopted, together with recommendation of approval of the Finance
Committee. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2003-562.
118722 - Hurley/Kincaid
that the Council adjourn to Executive Session at 6:11
Absent: Greenwood. Motion carried.
EXECUTIVE SESSION
p.m..
Ayes: Six.
Jim Walsh, City Attorney, stated that discussion of acquisition of property is
an approved topic of Executive Session pursuant to Iowa Code Section 21.5
(1) (j) (2003) .
118723 - Hurley/Kincaid
that the Council adjourn Executive Session at 6:24
Greenwood. Motion carried.
ADJOURNMENT
118724 - Hurley/Jordan
that the Council adjourn at 6:25
carried.
p.m.
p.m.
Ayes: Six. Absent:
Ayes: Six. Absent: Greenwood. Motion
Nancy Eckert
City Clerk