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HomeMy WebLinkAboutMinutes-07/07/2003• • July 7, 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, July 7, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Councilperson Harold Getty. Pledge of Allegiance: Ned DeBerg, Fire Chief. ORAL PRESENTATIONS 118472 - Forest Dillavou, 1725 Huntington Road, reported he was concerned that the council asked the bargaining units to help with the reduction in the budget, but at the same time gave a 3.5 percent increase to salaried employees. Mr. Dillavou stated he did not like using a percentage increase because the employees at the top getting a higher increase than the employees at the bottom. Mr. Dillavou stated it is not fair to ask bargaining units to give up something, but give raises to management. Mr. Dillavou stated the mayor and council members of the City of Waverly set the standard when they decided to give up some of their salary. Mr. Dillavou stated the 3.5 percent increase in salaries for management personnel will come from him. Mr. Dillavou stated the council is talking about raising fees, and the salary increases will add to his taxes. Jordan/Welper that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 118473 - Getty/Greenwood that the Agenda, as proposed, for the Regular Session on Monday, July 7, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118474 - Getty/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, June 23, 2003, at 5:30 p.m., and Special Session on Thursday, June 26, 2003, at 8:00 a.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring July 2003 as Recreation and Parks Month. CONSENT AGENDA 118475 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. Dave Boesen, Fire Marshal, to attend Arson K-9 Recertification Class in Alfred, Maine, on July 27 -August 2, 2003, with costs not to exceed $1,020.00, including use of city vehicle. 2. Monty Frana, Police Investigator, to attend Firearms Instructor Certification Course in Johnston, Iowa, on July 28 -August 8, 2003, with costs not to exceed $786.00, including use of city vehicle. 3. Jody Clark and Stacy Hogle, School Resource Officers, to attend School Resource Officer Certification Course in St. Louis, Missouri, on July 20-25, 2003, with costs not to exceed $2,080.00. 4. Becky Morgan, Crime Lab Investigator, to attend Palm Print Identification and Comparison Course in Minneapolis, Minnesota, on September 16-19, 2003, with costs not to exceed $818.55, including use of city vehicle. 5. Alan Carrier, Police Sergeant, and Lisa Campbell, Police Officer, to attend Remington Shotgun and Rifle Armorers Course in Davenport, Iowa, on July 28-30, 2003, with costs not to exceed $940.00, including use of city vehicle. 6. Doug Eldridge, Signal Technician II, to attend Programmable Logic Controller Fundamentals & Troubleshooting Seminar in Quad Cities, Iowa, on July 28-29, 2003, with costs not to exceed $515.00, including use of city vehicle. July 7, 2003 Page 2 CONSENT AGENDA CONTINUED b. Resolution to approve the following: 1. Communication from Police Chief transmitting request of Main Street Waterloo to hold BBQ'LOO & BLUES, TOO at Lincoln Park on July 18, 2003, from 6:00 p.m. to 10:00 p.m. and July 19, 2003, from Noon until 4:00 p.m. and to close 4th Street from Franklin to Mulberry Streets and Mulberry Street from 4th Street to Park Avenue (parking lane next to Lincoln Park). Resolution adopted and upon approval by Mayor assigned No. 2003-451. c. Motion to approve the following: 1. Beer/Liquor License Permit Application Class C Club 2000 Inc., 2000 Hawthorne Avenue (Includes Sunday Sales) Civic Center, 200 West 4th Street (Includes Sunday Sales) Chaser's Pub, 3005 University Avenue (Includes Sunday Sales) Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/16/04) Ramada Inn, 205 West 4th Street (Renewal) (Expires 6/30/04) (Includes Sunday Sales) Veterans of Foreign Wars, 1406 Commercial Street (Renewal) (Expires 7/03/04) (Includes Sunday Sales) (New) (Expires 7/11/04) (Renewal) (Expires 06/30/04) (Renewal) (Expires 7/7/04) 2. Beer License Permit Application Class C Dell Oil Ltd., 90 West 18th Street (Renewal) (Expires (Includes Sunday Sales) 3. Liquor License Permit Application Class E Express Super Valu, 1975 Franklin Street (Renewal) (Expires (Includes Sunday Sales) d. Bonds. 7/27/04) 7/19/04) Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS AND BIDS 118476 - Jordan/Hurley that proof of publication of notice of public hearing on 2003 Project, as published in the Waterloo Courier on June 30, 2003, placed on file. Ayes: Seven. Motion carried. Fairway Seeding be received and 118477 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Kincaid that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 118478 - Getty/Hurley that "Resolution confirming approval of plans, specifications, contract, etc. in conjunction with 2003 Fairway Seeding Project", be Ayes: Seven. Resolution adopted and upon approval by Mayor 118479 - Jordan/Welper assigned No. 2003-452. that "Resolution authorizing to proceed in conjunction adopted. Ayes: Seven. form of adopted. with above project", Resolution adopted and upon approval by Mayor assigned No. 2003-453. be • • July 7, 2003 Page 3 HEARINGS AND BIDS CONTINUED 118480 - Hurley/Jordan to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Iry Warren Gates Park South Hills TOTAL Certified Check B & B Lawn Care $3,000.00 $14,500.00 $18,000.00 $18,500.00 $51,000.00 Ayes: Seven. Motion carried. HEARINGS 118481 - Getty/Kincaid that proof of publication of notice of public hearing on request of Eye Co., LLC to vacate, sell and convey a portion of right-of-way generally located at the intersection of Melissa Lane and Sonya Drive for $2,534.22, as published in the Waterloo Courier on June 27, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118482 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Greenwood 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: Seven. Motion carried. 118483 - Jordan/Greenwood that "an Ordinance vacating right-of-way generally located at the intersection of Melissa Lane and Sonya Drive", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118484 - Hurley/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118485 - Welper/Jordan that "an Ordinance vacating right-of-way generally located at the intersection of Melissa Lane and Sonya Drive", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4622. 118486 - Getty/Jordan that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-454. 118487 - Welper/Greenwood that proof of publication of notice of public hearing on the request of Mike and Patricia Fuller to vacate 8'8" utility easement generally located at 1053 Belle Street for the purpose of adding an addition onto existing garage, as published in the Waterloo Courier on June 27, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118488 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Greenwood 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: Seven. Motion carried. July 7, 2003 Page 4 HEARINGS CONTINUED 118489 - Jordan/Welper that "an Ordinance vacating the 8'8" utility easement generally located at 1053 Belle Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118490 - Welper/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118491 - Kincaid/Greenwood that "an Ordinance vacating the 8'8" utility easement generally located at 1053 Belle Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4623. UNFINISHED BUSINESS 118492 - Greenwood/Jordan that communication from Fire Chief transmitting recommendation of award of contract in the amount of $109,424.00 to Emergency Vehicle Sales and Service, in conjunction with purchase of ambulance for Fire Rescue be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-455. PETITIONS FROM PUBLIC 118493 - Hurley/Jordan that communication from City Planner transmitting request of Lockard Development, Inc., Hurst Holding Co. and J & S Realty, LLC to rezone from "A-1" Agricultural District to "C-2" Commercial District for the development of an auto dealership property generally located at the northwest corner of Tower Park Drive and Johnathan Street, just west of the new Lincoln Savings Bank in the Tower Park area, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 28, 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: Seven. Resolution adopted and upon approval of Mayor assigned No. 2003-456. DOCUMENTS 118494 - Welper/Getty that communication from Associate Engineer transmitting Completion of Project and Final Acceptance of Work performed by Weichers Construction Company of Cedar Falls, Iowa, at a total cost of $284,611.31 in conjunction with Sergeant Road/Cedar Prairie Trail Connection, RT-MSRT(51)-9H-07, Contract No. 637, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-457. 118495 - Clark/Jordan that communication from Police Chief transmitting application with Iowa Division of Criminal and Juvenile Justice Planning for a Juvenile Accountability Incentive Block Grant Program (JAIBG) grant in the amount of $16,492.00, with no required match, to assist in reduction of juvenile criminal activity be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-458. • • • • • July 7, 2003 Page 5 DOCUMENTS CONTINUED 118496 - Clark/Jordan that communication from Associate Planner transmitting request of Robert H. Zimmer for tax exemptions on improvements totaling $16,060.00 for property located at 1143 Williston 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-459. 118497 - Clark/Jordan that communication from Community Development Director transmitting an agreement with the Iowa Department of Economic Development for an Emergency Shelter Grant in the amount of $141,477.00 to be distributed to Christian Community Development, Family Service League, Operation Threshold, Salvation Army, YWCA of Black Hawk County, and Jesse Cosby Neighborhood Center be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-460. 118498 - Hurley/Welper that communication from City Clerk transmitting renewal of Contractor's Equipment, General Liability, Law Enforcement Liability, Public Officials Errors & Omissions, Automobile Liability and Umbrella Liability insurance with St. Paul Fire & Marine Insurance at a cost of $555,397.00 and renewal of Property insurance with Travelers at a cost of $179,299.00 be received, placed on file and "Resolution approving said insurance policies", be adopted. Prior to a vote on the above motion, the following comments were heard. Steve Sinnott, 327 Sunset, stated he attended tonight's work session, and it is his understanding the Insurance Committee studied other options and made a recommendation to the council. Mr. Sinnott stated he was surprised when the question was asked how much the city could save by going to a SIR program and 40 percent was thrown out. Mr. Sinnott stated the property and liability premiums on tonight's agenda total around $735,000 and 40 percent of that is around $300,000. The council budgeted $300,000 for the stop loss fund, so they would have $600,000 available for a SIR program. Mr. Sinnott stated the city could pay $344,000 premium for a SIR Program versus $735,000. Mr. Sinnott stated it was mentioned that the city needs to build up the reserve to $750,000 before going to a SIR Program. Councilperson Getty stated the Insurance Committee felt $750,000 would be a comfortable figure for the city to be self-insured. The committee felt that was a comfort zone, but they would like $1 million. Councilperson Hurley stated the Insurance Committee discussed at length last year a SIR Program, but we were unable to build our reserves. Mr. Hurley stated $750,000 is when premium savings click in. Mr. Hurley stated the Insurance Committee did a comprehensive review of the program and quotes last year. Mr. Sinnott stated the savings is on the premiums, and with the city talking about lay offing personnel it might be prudent at this time to look at a SIR Program. Mr. Sinnott stated it seems like common sense to go to a SIR Program. Mr. Sinnott stated that Black Hawk County had a reserve of $125,000 and only used $90,000 in two years, and they have saved thousands of dollars that are not going to the insurance companies. Mr. Sinnott urged the council to look at a SIR Program. Mr. Sinnott stated he looked at the property values a few years ago and saw a couple of over charged buildings and asked Nancy Eckert to have those values looked at. Mr. Sinnott stated he saw a figure of $100 million in property value for the city and asked where did those figures come from. Frank Dowie, representing PDCM, reported that last year he went out in the market place to 11 companies for quotes on the city's property insurance, and only three companies responded, with Travelers being the only one willing to give the city a quote. Mr. Dowie stated $100 million in property value was the limit from Travelers, and he feels the city needs that much. Mr. Sinnott stated that city has a $100,000 deductible on hail and wind damage, and he doesn't' feel there should be an increase in property premium as $100 million in property value seems like a lot of coverage. July 7, 2003 Page 6 DOCUMENTS CONTINUED Mayor Rooff stated the city just finished building a $67 million sewer plant, and that $100 million in property value probably is not too much. Michelle Weidner, Chief Financial Officer, reported that the property and liability insurance is funded under the Tort & Liability levy that is used to fund the premiums. This fund cannot be used for anything else. Mr. Sinnott stated if the city didn't put so much money into the fund, they wouldn't have to take so much out of it. Mayor Rooff stated he will ask Nancy Eckert, City Clerk, and the Insurance Committee to look at the value of the city's buildings. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-461. 118499 - Jordan/Kincaid that communication from City Planner transmitting Final Plat of Acorn Addition, together with report of City Engineer, Deed of Dedication, Certificate of Survey and Staff Report, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-462. BILLS PAYMENT 118500 - Jordan that "Resolution approving Schedule AP640, pp. 1-52, dated July 7, 2003, in the amount of $1,432,827.37, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-463. NEW BUSINESS 118501 Hurley/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 N.E. Industrial Park - GT Drive Extension Project, Contract No. 663, be received, placed on file and approved. Ayes: Seven. Motion carried. 118502 - Getty/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 N.E. Industrial Park - GT Drive Extension Project, Contract No. 663, be received and placed on file. Ayes: Seven. Motion carried. 118503 - Jordan/Getty that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-464. 118504 - Kincaid/Hurley that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as July 21, 2003, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-465. NEW BUSINESS CONTINUED 118505 - Jordan/Welper that the Council adjourn to Executive Session at 6:08 Motion carried. • • p.m.. Ayes: Seven. • • July 7, 2003 Page 7 Assistant City Attorney Dave Zellhoefer stated discussion of a settlement agreement is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2003) . EXECUTIVE SESSION 118506 - Welper/Jordan that the Council adjourn Executive Session at 6:20 carried. 118507 - Getty/Clark p.m. Ayes: Seven. Motion the "Resolution approving settlement agreement re Hoffman vs City of Waterloo", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-466. ADJOURNMENT 118508 - Jordan/Clark that the Council adjourn at 6:21 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk