HomeMy WebLinkAboutMinutes-02/09/2004• •
February 9, 2004
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, February 9 2004. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson,
Welper.
Moment of Silence.
Pledge of Allegiance: Kingsley School Tiger Cubs, Den 9 -Andrew Gerst, Ben Hirdler,
Andrew Mason, Spencer Moeller, Nathan Siems, Luke Weidner, Alex Hirdler.
119367 - Clark/Welper
that the Agenda, as amended to delete Item 11 and Item 12, for the Regular
Session on Monday, February 9, 2004, at 5:30 p m., be accepted and approved.
Ayes: Seven. Motion carried.
119368 - Clark/Welper
that the Minutes, as proposed, for the Regular Session on Monday, February 2,
2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Hurley read a proclamation declaring February 2004 as Children's Dental
Health Month.
CONSENT AGENDA
119369 - Welper/Cole
that the following items on the consent agenda be received, placed on file and
approved:
a. Communication from City Clerk transmitting request of John W. Miller for an
exception to burning yard waste to burn approximately 2% acres of prairie
grass located on South Kimball Avenue behind 145 Blaine Road on the edge of
the city limits between March and April 2004, together with recommendation
of approval of Leisure Services Director, Fire Chief and Superintendent of
Waste Management Services.
b. June Watkins, Human Resources Director, to attend National Public Employer
Labor Relations Associations 2004 Annual Training Conference and the Labor
Relations Academy IV Training in Washington, DC, on March 28 -April 3, 2004,
with costs not to exceed $2,511.00.
c. Beer/Liquor License Permit Application
Class C
National Dairy Cattle Congress Pepsi Pavilion, 250 Ansborough Avenue
(Renewal) (Expires 2/29/05) (Includes Sunday Sales)
Sapphire's Gentlemen's Club, 301 West 4th Street (Renewal) (Expires
2/12/05) (Includes Sunday Sales)
Tokyo Japanese Steakhouse Inc., 126 E. Ridgeway Avenue (New) (Expires
1/15/05) (Includes Sunday Sales)
Ayes: Seven. Motion carried.
HEARINGS
119370 - Gunderson/Welper
that proof of publication of notice of public hearing on the request to vacate
a portion of city right-of-way generally described as the portion of former
West 6th and Wellington Streets located at the curve of West 5th Street, as
published in the Waterloo Courier on January 30, 2004, be received and placed
on file. Ayes: Seven. Motion carried.
119371 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Kincaid
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.
February 9, 2004 Page 2
HEARINGS CONTINUED
119372 - Welper/Kincaid
that "an Ordinance vacating a portion of city right-of-way generally described
as the portion of former West 6th and Wellington Streets located at the curve of
West 5th Street", be received, placed on file, considered and passed for the
first time. Ayes: Seven. Motion carried.
119373 - Gunderson/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
119374 - Kincaid/Cole
that "an Ordinance vacating a portion of city right-of-way generally described
as the portion of former West 6th and Wellington Streets located at the curve of
West 5th Street", be considered and passed for the second and third times and
adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4667.
119375 - Gunderson/Schmitt
that proof of publication of notice of public hearing on the request to vacate
a portion of city right-of-way generally described as the portion of former
South Hackett Drive, south of Young Plumbing and Heating and north of Greenhill
Road, as published in the Waterloo Courier on January 30, 2004, be received and
placed on file. Ayes: Seven. Motion carried.
119376 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Kincaid
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.
119377 - Kincaid/Cole
that "an Ordinance vacating a portion of city right-of-way generally described
as the portion of former South Hackett Drive, south of Young Plumbing and
Heating and north of Greenhill Road", be received, placed on file, considered
and passed for the first time. Ayes: Seven. Motion carried.
119378 - Gunderson/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
119379 - Welper/Gunderson
that "an Ordinance vacating a portion of city right-of-way generally described
as the portion of former South Hackett Drive, south of Young Plumbing and
Heating and north of Greenhill Road", be considered and passed for the second
and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4668.
REPORTS
119380 - Kincaid/Clark
that communication from Human Resources Director transmitting Equal Employment
Opportunity Policy Statement, Relatives in the Workplace Policy, Americans With
Disabilities Act Policy Statement, Military Leave Policy, Family and Medical
Leave Act Policy, and Discrimination, Harassment and Retaliation Policy be
received and placed on file and "Resolution approving said policies", be
adopted.
Prior to a vote on the above motion, the following comments were heard.
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February 9, 2004
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REPORTS CONTINUED
Page 3
June Watkins, Human Resources Director, reported that of the six policies on
tonight's agenda, four are new policies. The city used federal laws prior to
the creation of those new policies. The former Sexual Harassment Policy has
been changed to the Discrimination, Harassment and Retaliation Policy. Ms.
Watkins stated an informal policy committee consisting of herself, City
Attorney Jim Walsh and three Council Members reviewed the policies. A meeting
was held with Department Heads and union representatives to review the policies
to resolve any questions, and additional clarifications were made to some of
the policies. Ms. Watkins reported that the Civil Service Commission reviewed
the Relatives in the Workplace Policy last Friday, and they recommended the
council approve the policy.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-52.
DOCUMENTS
119381 - Cole/Kincaid
that communication from Community Planning and Development Director
transmitting Release of Real Estate Mortgage for G.S.W., Inc., 226 West 5th
Street, for payment in full of Loan #RED -32 be received, placed on file and
"Resolution approving said Release of Real Estate Mortgage", be adopted and
Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-53.
119382 - Cole/Kincaid
that communication from Building Official/Maintenance Administrator
transmitting Memorandum of Understanding with Iowa Homeland Security and
Emergency Management Division of the Department of Public Defense to use the
Five Sullivan Brothers Convention Center as a strategic national stockpile
deployment center for Northeast Iowa in the event of a large scale medical
emergency within the state be received, placed on file and "Resolution
approving said Memorandum of Understanding", be adopted and Mayor and City
Clerk authorized to execute same.
Prior to a vote on the above motion, the following comments were made.
Lou Cutwright, Building Official/Maintenance Administrator, reported that the
Five Sullivan Brothers building would only be used in the event of a large
scale medical emergency within the State of Iowa. In the case of an outbreak
of national concern, they would utilize 2,000 sq. ft. of the Five Sullivan
Brothers building during distribution and dispensing of pharmaceuticals
supplied to the state. The only requirements are that the city provide a
minimum of 2,000 square feet of climate controlled storage space, which can
maintain a temperature between 58 and 86 degrees, provide adequate lighting and
telephone lines, and secured access to the facility. Mr. Cutwright explained
that the city will receive no monetary reimbursement for the use of the
building, but there are no added expenses as we already maintain the adequate
temperature.
Mayor Hurley stated he reviewed the Memorandum of Understanding with City
Attorney Jim Walsh, and he suggested that the council approve the agreement
with an amendment that the Ramada Inn also sign the agreement.
Jim Walsh, City Attorney, stated that obviously the building would only be used
under dire circumstances that would benefit the entire community. Mr. Walsh
stated that since we lease the Five Sullivan Brothers Convention Center to the
Ramada Inn, we should ask their permission to provide this service.
Cole/Gunderson
that the above motion be amended that approval of the Memorandum of
Understanding be contingent on Ramada Inn management signing the Memorandum of
Understanding. Ayes: Seven. Motion carried.
February 9, 2004
DOCUMENTS CONTINUED
119383 - Cole/Kincaid
Page 4
that communication from Building Official/Maintenance Administrator
transmitting Memorandum of Understanding with Iowa Homeland Security and
Emergency Management Division of the Department of Public Defense to use the
Five Sullivan Brothers Convention Center as a strategic national stockpile
deployment center for Northeast Iowa in the event of a large scale medical
emergency within the state be received, placed on file and "Resolution
approving said Memorandum of Understanding", be adopted contingent on Ramada
Inn signing Memorandum of Understanding and Mayor and City Clerk authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-54.
119384 - Cole/Kincaid
that communication from Associate Planner transmitting request of Beverly Cook
for tax exemptions on improvements totaling $19,539.00 for property located at
426 Oliver Street in the Consolidated Urban Renewal 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. 2004-55.
119385 - Cole/Kincaid
that communication from Community Planning and Development Director
transmitting an agreement with Howard R. Green Company to provide consulting
services in conjunction with assessment of the former Chamberlain Manufacturing
site, with costs not to exceed $265,000.00, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-56.
119386 - Cole/Schmitt
that communication from City Engineer transmitting Final Quantity Adjustment
Summary from E.K. Bridge, Inc./Merchants Bonding Company/Cedar Valley
Corporation in the amount of $64,262.09 in conjunction with F.Y. 2001 San
Marnan Drive Traffic Improvements - Phase I, Contract No. 624, be received and
placed on file. Ayes: Seven. Motion carried.
RESOLUTIONS TO BE ADOPTED
119387 - Kincaid/Clark
that "Resolution authorizing cancellation of assessment in the amount of
$1,841.00 for repair of water service performed by the Waterloo Water Works at
1212 Beech Street on August 1, 2001", be adopted and City Clerk instructed to
forward same to County Assessor. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-57.
BILLS PAYMENT
119388 - Greenwood/Clark
that "Resolution approving Schedule AP640, pp. 1-73, dated February 9, 2004, in
the amount of $1,223,640.39, 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: Seven, with Councilperson Welper abstaining on payment to
Main Street Waterloo in the amount of $15.00.
Resolution adopted and upon approval by Mayor assigned No. 2004-58.
NEW BUSINESS
119389 - Clark/Kincaid
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $1,841.00 for work performed by the Water
Works at 1212 Beech Street, together with recommendation of approval of
Waterloo Water Works Trustees, be received, placed on file and "Resolution
approving said request", be adopted and City Clerk instructed to notify Black
Hawk County Treasurer of same. Ayes: Seven.
Resolution adopted upon approval by Mayor assi No. 2004-59.
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February 9, 2004 Page 5
NEW BUSINESS CONTINUED
119390 - Clark/Kincaid
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $2,157.00 for work performed by the Water
Works at 339 Albany Street, together with recommendation of approval of
Waterloo Water Works Trustees, be received, placed on file and "Resolution
approving said request", be adopted and City Clerk instructed to notify Black
Hawk County Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-60.
119391 - Clark/Kincaid
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $370.99 for work performed by the Water Works
at 120 Center Street, together with recommendation of approval of Waterloo
Water Works Trustees, be received, placed on file and "Resolution approving
said request", be adopted and City Clerk instructed to notify Black Hawk County
Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-61.
119392 - Clark/Kincaid
that communication from City Planner transmitting request to set new date of
hearing as February 23, 2004, on vacation, sale and conveyance of property
generally described as San Marnan Drive right-of-way in front of Lots 2 and 3,
Anderson's Sixth Addition, to J & S Family Realty, LLC for $1.00 and rescind
Ordinance No. 4648 and Resolution No. 2003-661 be received, placed on file and
"Resolution setting date of hearing as February 23, 2004, 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. 2004-62.
ADJOURNMENT
119393 - Welper/Gunderson
that the Council adjourn at 5:58 p.m. Ayes: Seven. Motion carried.
Cts
ncy\ckert
City Clerk