Loading...
HomeMy WebLinkAboutMinutes-09/02/2003i • • September 2, 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 Tuesday, September 2, 2003. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Councilperson John Kincaid. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. ORAL PRESENTATIONS 118742 - Pat Treloar, 210 Zachrey Court and a member of Waterloo Fire Rescue, thanked Fire Chief Ned DeBerg, Tom Powers, Association President, Mayor Rooff and Council Members for their support of the Firefighters MDA Boot Block. Mr. Teloar stated that this year the Boot Block was held on Friday through Monday, and they raised $25,000.00. Mr. Treloar reported that all the money raised stays here in Black Hawk County to help kids right here in our county and city. Mr. Treloar thanked all the Firefighters who gave their time to help out. Mr. Treloar stated that this is a positive thing for all of us. Mayor Pro Tem Getty thanked the Firefighters for what they did over the weekend. Hurley/Welper that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 118743 - Jordan/Welper that the Agenda, as amended for the Regular Session on Tuesday, September 2, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118744 - Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, August 25, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Pro Tem Getty read a proclamation declaring September 6, 2003, as Fall Freedom Fest Day. CONSENT AGENDA 118745 - Jordan/Clark 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 NCAA National Cross Country Committee to hold NCAA Pre -National Cross Country Track Meet on October 18, 2003, at Byrnes Park from 9:00 a.m. to 4:00 p.m. and to barricade numerous intersections. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 574. 2. Communication from Police Chief transmitting request of NCAA National Cross Country Committee to hold NCAA National Cross Country Track Meet on November 24, 2003, at Byrnes Park from 9:00 a.m. to 4:00 p.m. and to barricade numerous intersections. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 575. 3. Communication from City Engineer transmitting request of Loretta Adams for a waiver for an asphalt driveway to be located at 1455 Liberty Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003- 576. September 2, 2003 Page 2 Consent Agenda - continued b. Motion to approve the following: 1. Jim Schneider, Fire Captain; and Darryl Hartema, Mechanic, to deliver 311 to Weyawega, Wisconsin, on September 22-26, 2003, with costs not to exceed $300.00. 2. Robert Bryan, Filmmaker, to present Frame -by -Frame Symposium at the Waterloo Center For The Arts on September 25-29, 2003, with costs not to exceed $533.00. 3. Steven Torriano Berry, Filmmaker/Communications Professor, to present Frame -By -Frame Symposium at the Waterloo Center For The Arts on September 26-28, 2003, with costs not to exceed $383.00. 4. James Walsh, City Attorney, to attend International Municipal Lawyers Association Annual Conference in Minneapolis, Minnesota, on October 11- 15, 2003, with costs not to exceed $1,305.00. 5. Dave Boesen, Fire Marshal, to attend Iowa Chapter of International Association of Arson Investigators Seminar and Conference in Waterloo, Iowa, on September 16-19, 2003, with costs not to exceed $125.00, including use of city vehicle. 6. Aaron McClelland and James Oliver, Police Officers, to attend FBI Sniper/Observer Certification Course in Johnston, Iowa, on September 7- 12, 2003, with costs not to exceed $820.00 for both, including use of city vehicle. c. Fireworks Display Application Boy Scouts of America - Winnebago Council at Riverfront Stadium on September 20, 2003 d. Bonds. e. Beer License Permit Application Class C Tobacco Outlet Plus, 1803 LaPorte Road (Renewal) (Expires 10/14/04) (Includes Sunday Sales) Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/04) (Includes Sunday Sales) f. Wine License Permit Application Class B Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/04) (Includes Sunday Sales) g. Liquor License Permit Application Class E Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/04) (Includes Sunday Sales) h. Beer/Liquor License Permit Application Class C Shads, 1103 E. 11th Street (New Location) (Expires 9/02/04) (Includes Sunday Sales) Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS 118746 - Hurley/Clark that proof of publication of notice of public hearing on request of Craig Industries to rezone from "M-1" Light Industrial District to "M -2,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, as published in the Waterloo Courier on August 22, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118747 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. • • 4 September 2, 2003 • • Hearings - continued Page 3 Councilperson Clark asked if the city could require Craig Industries to put up fencing. Councilperson Clark stated he would support anything Craig Industries can do to make it anesthetically pleasing for visitors coming into the city on Highway 63 Don Temeyer, Community Planning and Development Director, stated that fencing is not part of this request. Craig Ceilley, President of Craig Industries, reported that this conversation came up at the Planning, Programming and Zoning Commission meeting, and Craig Industries is open to whatever they need to do for the rezoning. He stated that their building will block a lot of it, but it is kind of hard to cover a sand pit. Mr. Temeyer stated that a row of trees would be better as fencing needs upkeep. Mr. Temeyer stated he will work with Craig Industries. Councilperson Greenwood asked if there is any trouble with the kids swimming in the small pond. Mr. Ceilley responded he is not aware of any trouble with the pond. He stated that they will have an earthen berm which makes it harder for kids to get to the pond. Mr. Ceilley stated Craig Industries is a very visible company and it is very important that they are pleasing to everyone. Nr. Ceilley reported that he has talked with the insurance company to make sure Craig Industries is protected. Mr. Ceilley stated a future goal most likely will include fencing the entire property, mostly for security, vandalism and theft. Jordan/Welper 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. 118748 - Clark/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 347 to Section 2A-5, Rezoning Certain Property ", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried 118749 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118750 - Hurley/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 347 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4639. PETITIONS FROM PUBLIC 118751 - Jordan/Kincaid that communication from City Planner transmitting request of Ray Baldwin to rezone from "A-1" Agricultural District to "R-1" Residential District property generally located near the intersection of Highway 63 and Airline Highway for the purpose of constructing a single family home, be received, placed on file and "Resolution setting date of hearing as September 15, 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 Pro Tem assigned No. 2003-577. September 2, 2003 Page 4 DOCUMENTS 118752 - Hurley/Jordan that communication from City Engineer transmitting final billing in the amount of $4,451.08, which includes $4,345.72 over the original estimated amount of $56,000.00, for construction -related services for Supplemental Agreement No. 1 in conjunction with F.Y. 2002 Hanna Boulevard/Rainbow Drive Box Culvert - Phase II and Rainbow Drive Box Culvert - Castle Hill Watershed, Contract No. 639, be received, placed on file and "Resolution approving said final billing", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-578. 118753 - Hurley/Jordan that communication from City Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with the Iowa Department of Natural Resources in conjunction with F.Y. 2003 N.E. Industrial Park GT Drive Extension Project, RM - 8155(658) -9D-07, Contract No. 663, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-579. 118754 - Hurley/Jordan that communication from Associate Planner transmitting request of Ken Kirchner for tax exemptions on improvements totaling $135,000.00 for property located at 1026 Forest 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 Pro Tem assigned No. 2003-580. 118755 - Hurley/Jordan that communication from City Planner transmitting an amendment to agreement with U.S. Department of Commerce Economic Development Administration for a time extension from October 10, 2003 to September 30, 2004 for acquisition and demolition of properties located within the Rath Redevelopment Project be received, placed on file and "Resolution approving said amendment", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-581. 118756 - Jordan/Welper that communication from Airport Director transmitting Change Order No. 5 for a net increase in the amount of $51,995.00 for work performed by Peters Construction of Waterloo, Iowa, in conjunction with Waterloo Regional Airport Terminal Renovation Project, Phase 2, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. 118757 - Jordan/Welper that "Resolution approving 28E Agreement with Black Hawk County to provide administrative and professional services for management of human resources function", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. June Watkins, Human Resources Director, reported Black Hawk County has approximately 750 employees. Councilperson Hurley stated that according to the agreement, Ms. Watkins will provide supervision and direction and will evaluate staff and asked if Ms. Watkins will do personnel evaluations. Ms. Watkins responded that she would be performing personnel evaluation at no additional compensation. Ms. Watkins reported that she will receive a 20 percent salary increase for the six-month trial period, and the amount Black Hawk County is paying represents 50 percent of her increased salary and benefits. • September 2, 2003 Documents - continued • Page 5 Councilperson Getty stated he has a problem with the agreement even though it sounds good that we are going to share a Human Resources Director with Black Hawk County. Councilperson Getty stated he feels things should start here at City Hall and get it straighten out and then branch out in other areas, and he doesn't feel we are there yet. Councilperson Getty stated that it may be all right to try the joint Director for a six-month period. Councilperson Hurley stated he is glad we are only trying this for a six-month period, but he is somewhat troubled by the fact that Black Hawk County gets a talented and experienced Human Resources Director and the city gets $3,958.33 per month. Ms. Watkins gets a double headache for a 20 percent increase in pay. Councilperson Hurley stated we should go ahead with the agreement on the six- month trail bases, but we need to watch over it the next six months. Councilperson Greenwood asked if Black Hawk County gets to add any other positions to help Ms. Watkins or will the city have to hire an Administrative Assistant. Ms. Watkins responded that currently Black Hawk County has three staff members, although she was just informed one of the employees is transferring to another county department. Ms. Watkins reported that Black Hawk County will provide all the support staff with no crossover of city staff and no anticipation of additional staff. In response to a question, Ms. Watkins reported that Black Hawk County has contracted with someone else to provide services for bargaining of the union contracts. Ms. Watkins stated she will be involved in some of the bargaining as Human Resources will provide employee data. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-582. 118758 - Jordan/Welper that communication from Airport Director transmitting side letter agreement with Northwest Airlines (NWA) for improved air service out of the Waterloo Regional Airport by adding a 5th flight be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Brad Hagen, Airport Director, reported this is a side letter with Northwest Airlines rather than an amendment to the original agreement. Mr. Hagen reported that the Waterloo Airport Board has approved the document, and Jim Walsh, City Attorney, reviewed the agreement. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-583. ORDINANCES TO BE ADOPTED 118759 - Clark/Greenwood that "an Ordinance amending the 2001 Code of Ordinances for the City of Waterloo, Iowa, by repealing Subparagraph 1, of Paragraph E, Collection of Fees, of Section 4-3-6, Fees for Services, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Subparagraph 1, of Paragraph E, Collection of Fees, of Section 4-3-6, Fees for Services, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety. (correcting scrivener's error), be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118760 - Clark/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. September 2, 2003 Page 6 Ordinances to be Adopted - continued 118761 - Clark/Jordan that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subparagraph 1, of Paragraph E, Collection of Fees, of Section 4-3-6, Fees for Services, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Subparagraph 1, of Paragraph E, Collection of Fees, of Section 4-3-6, Fees for Services, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety. (correcting scrivener's error)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4640. 118762 - Hurley/Kincaid that "an Ordinance amending the 2003 Traffic Code by adding Subsection (53a) Canterbury Court to Section 551, Prohibited Parking At All Times on Certain Streets (restricting parking on the north side of 3600 Block of Canterbury Court from Brookeridge Drive to the cul de sac)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118763 - Welper/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118764 - Welper/Jordan that "an Ordinance amending the 2003 Traffic Code by adding Subsection (53a) Canterbury Court to Section 551, Prohibited Parking At All Times on Certain Streets (restricting parking on the north side of 3600 Block of Canterbury Court from Brookeridge Drive to the cul de sac)", be considered and passed for the second and third times and adopted. Ayes: Seven Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4641. 118765 - Welper/Clark that "an Ordinance amending the 2003 Traffic Code by: adding Subsection (la) Fifth Street (W) to Section 571A, No Parking 8:00 a.m. to 4:00 p.m. During School; and adding Subsection (2a) Fifth Street (W) and Western Avenue to Section 581, School Stop Signs (restricting parking from 8:00 a.m. to 4:00 p.m. during school on the east side of the 1100 and 1200 blocks of West 5th Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118766 - Jordan/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118767 - Jordan/Welper that "an Ordinance amending the 2003 Traffic Code by: adding Subsection (la) Fifth Street (W) to Section 571A, No Parking 8:00 a.m. to 4:00 p.m. During School; and adding Subsection (2a) Fifth Street (W) and Western Avenue to Section 581, School Stop Signs (restricting parking from 8:00 a.m. to 4:00 p.m. during school on the east side of the 1100 and 1200 blocks of West 5th Street)", be considered and passed for the second and third times and adopted. Prior to a vote on the above motion, the following comments were heard. Sandie Greco, Superintendent of Traffic Operations, reported that after the ordinance is passed, Traffic Operations is contemplating flashing lights on Baltimore Street, which will reduce the speed limit to 25 mph during school hours. Ms. Greco reported that they are also doing a study on Baltimore and 5th Streets to see if we need traffic lights. Ms. Greco stated that the school has said they will use patrol guards. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4642. • September 2, 2003 • Ordinances to be Adopted - continued 118768 - Welper/Hurley that "an Ordinance amending the 2003 Traffic Code by: adding Saratoga Drive to Section 543, Thru Streets; and repealing Cataract Avenue and Saratoga Drive of Section (removing temporary stop signs received, placed on file, Seven. Motion carried 118769 - Welper/Greenwood at Page 7 Subsection (146a) Subsection (l0a) 544, All -Way Stop Saratoga Drive and Cataract considered and passed for the first Intersections Avenue)", be time. Ayes: that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118770 - Welper/Hurley that "an Ordinance amending the 2003 Traffic Code by: adding Subsection (146a) Saratoga Drive to Section 543, Thru Streets; and repealing Subsection (l0a) Cataract Avenue and Saratoga Drive of Section 544, All -Way Stop Intersections (removing temporary stop signs at Saratoga Drive and Cataract Avenue)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4643. BILLS PAYMENT 118771 - Jordan that "Resolution approving Schedule AP640, pp. 1-65, dated September 2, 2003, in the amount of $325,184.69, 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 Pro Tem assigned No. 2003-584. NEW BUSINESS 118772 - Greenwood/Jordan that communication from Police Chief transmitting grant from the U.S. Department of Justice for F.Y. 2003 Local Law Enforcement Block Grant (LLEBG) in the amount of $61,575.00, with local match of $6,841.67, be received, placed on file and "Resolution setting date of hearing as September 15, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described grant", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-585. 118773 - Hurley/Jordan to instruct City Engineer to prepare plans, specifications, form etc. in conjunction with F.Y. 2003 Intersection Improvements Street/1St Street and Franklin Street/ 5th Street, Contract No. 670, placed on file and approved. Ayes: Seven. Motion carried. of for be contract, Franklin received, 118774 - Jordan/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Intersection Improvements for Franklin Street/1st Street and Franklin Street/5th Street, Contract No. 670, be received and placed on file. Ayes: Seven. Motion carried. 118775 - Jordan/Clark 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 Pro Tem assigned No. 2003-586. September 2, 2003 Page 8 New Business - continued 118776 - Hurley/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 15, 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 Pro Tem assigned No. 2003-587. ADJOURNMENT 118777 - Clark/Jordan that the Council adjourn at 6:12 p.m. Ayes: Seven. Motion carried. a Nancy E6kert City Clerk