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HomeMy WebLinkAboutMinutes-02/16/2004• • February 16, 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 16, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Greenwood, Clark, Schmitt, Gunderson, Welper. Absent: Cole. Moment of Silence. Pledge of Allegiance: Cammie Scully, Director of Cultural & Arts Commission. 119394 - Clark/Welper that the Agenda, as proposed, for the Regular Session on Monday, February 16, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 119395 - Clark/Welper that the Minutes, as proposed, for the Regular Session on Monday, February 9, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Hurley performed swearing-in of Police Officers Jered S. Engel, Thomas P. Schuster and Kye J. Richter. Mayor Hurley recognized Larry Mast, David Bowles and Albert Peterson for heroic efforts. CONSENT AGENDA 119396 - Welper/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Communication from Police Chief transmitting request of Black Hawk County Street Machines organization to hold the Black Hawk County Street Machines Car Show on May 1, 2004, from 8:00 a.m. to 4:00 p.m. and to barricade various streets and parking lots. b. Communication from Police Chief transmitting request of Anne Johnson to hold a Global Day of Action on March 20, 2004, with event to begin at the Waterloo Public Library at 11:15 a.m., with group to walk to Lincoln Park to hold rally until approximately 4:00 p.m. c. Communication from Mayor Hurley transmitting recommendation of reappointment of Ed Hutchins to the Telecommunications Commission, with term expiration date of December 1, 2006. d. Cammie Scully, Director of Cultural & Arts Commission, to participate in Cedar Valley Coalition trip to Washington, DC, on March 21-24, 2004, with costs not to exceed $1,240.00. e. Ned DeBerg, Fire Chief, to present Regional Emergency Services Response Training Center proposal in Washington, DC, on March 20-24, 2004, with costs not to exceed $1,370.80. f. Walter Reed, Director; Brian Krischke, Fair Housing Coordinator; Rebecca Johnson and Constance McGovern, Human Rights Specialists; and Shantella Moore, Clerical Assistant, to attend intake training for the Fair Housing Assistance Program in Kansas City, Kansas, on March 10-12, 2004, with costs not to exceed $1,551.70, including use of city vehicle. g• Jason Feaker, Police Officer, to attend Field Training Officer School in West Des Moines, Iowa, on March 7-12, 2004, with costs not to exceed $875.00, including use of city vehicle. h. Doug Eldridge, Signal Technician II, to attend 2004 Annual Training Seminar in Davenport, Iowa, on March 1-4, 2004, with costs not to exceed $240.00, including use of city vehicle. i. Timothy Pillack, Police Captain; Andrew Clark, Police Sergeant; Steve Frost and Robert Michael, Police Officers, to attend 2004 Governor's Highway Traffic Safety Conference in Council Bluffs, Iowa on March 9-11, 2004, with costs not to exceed $790.00, including use of city vehicle. February 16, 2004 CONSENT AGENDA CONTINUED J• Beer License Permit Application Class C Hy -Vee, 306 Byron Avenue (Renewal) Sales) Hy -Vee, 2052 Logan Avenue (Renewal) Sales) Adams Grocery, 1010 E. Mitchell (Includes Sunday Sales) k. Wine License Permit Application Class B Hy -Vee, 306 Byron Avenue (Renewal) Sales) Hy -Vee, 2052 Logan Avenue (Renewal) Sales) Adams Grocery, 1010 E. Mitchell (Includes Sunday Sales) 1. Liquor License Permit Application Class E Adams Grocery, 1010 E. Mitchell (Includes Sunday Sales) (Expires 3/25/05) (Expires 3/22/05) Avenue (Renewal) (Expires 3/25/05) (Expires 3/22/05) Avenue (Renewal) Avenue (Renewal) m. Beer/Liquor License Permit Application Class C Red Lobster, 941 E. San Marnan Drive (Renewal) (Expires Sunday Sales) n. Bonds. Ayes: Six. Absent: Cole. Motion carried. HEARINGS 119397 - Kincaid/Greenwood that proof of publication of notice of Approach and Roadway Project, Contract 8155(650)-8N-07, RM -8155(654)-8D-07, as January 30, 2004, be received and placed Motion carried. Page 2 (Includes Sunday (Includes Sunday (Expires 3/9/05) (Includes Sunday (Includes Sunday (Expires 3/9/05) (Expires 3/9/05) 3/10/05) (Includes public hearing on 18th Street Bridge No. 622, STP -U-8155(652)-70-07, RM - published in the Waterloo Courier on on file. Ayes: Six. Absent: Cole. 119398 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Greenwood that the hearing be closed and oral and written comments on file. Ayes: Six. Absent: Cole. Motion carried. 119399 - Kincaid/Gunderson that "Resolution contract, etc. in Project, Contract be received and placed confirming approval of plans, specifications, form of conjunction with 18th Street Bridge Approach and Roadway No. 622, STP -U-8155(652)-70-07, RM -8155(650)-8N-07, RM - 8155(654) -8D-07", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-63. 119400 - Welper/Gunderson that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-64. 119401 - Gunderson/Greenwood that proof of publication of notice of public hearing on request of Kimco Realty for a site plan amendment to "S-1" Shopping Center Commercial District for redevelopment of the former Big K site generally located at 2715 Crossroads Boulevard, as published in the Waterloo Courier on February 6, 2004, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. • • • • February 16, 2004 Page 3 HEARINGS CONTINUED 119402 - 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: Six. Absent: Cole. Motion carried. 119403 - Gunderson/Welper that "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-65. UNFINISHED BUSINESS 119404 - Kincaid/Welper that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $316,380.00 to Metro Wrecking, Inc. of Des Moines, Iowa, in conjunction with F.Y. 2004 CMC Parcel 2 Demolition, Contract No. 680, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-66. DOCUMENTS 119405 - Welper/Gunderson that communication from Police Chief transmitting letter of application to the Iowa Governor's Traffic Safety Bureau for 402 Highway Safety Program grant in the amount of $67,839.75, with $4,606.25 city match, to be used for law enforcement overtime, travel and training, printed materials and purchase of two dual antenna radar units and two in -car video cameras be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-67. 119406 - Welper/Gunderson that communication from Police Chief transmitting letter of application to the Iowa Governor's Traffic Safety Bureau for Iowa Highway Safety Plan, Alcohol Incentive grant in the amount of $38,505.00, with no required city match, to be used for law enforcement overtime, travel and training, printed materials and the purchase of four in -car video cameras be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-68. 119407 - Gunderson/Clark that communication from Assistant City Attorney transmitting Acknowledgment/Settlement Agreement in the amount of $300.00 from Kum & Go, 117 E. San Marnan Drive, in settlement of selling tobacco, tobacco products, or cigarettes to a person under eighteen years of age, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-69. 119408 - Greenwood/Kincaid that communication from Community Planning and Development Director transmitting an agreement with Iowa Northland Regional Council of Governments (INRCOG) to provide relocation services to persons or businesses displaced as a result of various city projects, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-70. February 16, 2004 Page 4 DOCUMENTS CONTINUED 119409 - Kincaid/Gunderson that communication from Community Planning and Development Director transmitting an agreement with Atlas Warehouse LC to allow temporary access to property generally located at 550 Esther Street to conduct EPA/Brownfields Phase I site assessment activities and to conduct environmentally sampling activities, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-71. 119410 - Kincaid/Gunderson that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with the Iowa Department of Natural Resources for storm water discharges in conjunction with 18th Street Bridge Approach and Roadway Project, Contract No. 622, STP -U-8155(652)-70-07, RM - 8155(650) -8N-07, RM -8155(654)-90-07, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-72. 119411 - Kincaid/Gunderson that communication from Associate Engineer transmitting agreement with Iowa Department of Transportation for RISE funding in the amount of $1,359,424.00, with local match of $1,359,423.00, in conjunction with relocation of River Road and extension of Commercial Street, RM -8155(671)-9D-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-73. RESOLUTIONS TO BE ADOPTED 119412 - Schmitt/Gunderson that "Resolution approving written consent to Rampart Corporation to pursue assignment of F.Y. 2003 Intersection Improvements for Franklin St/lst St. & Franklin St./5th St., Contract No. 670, to Cedar Valley Corporation", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-74. 119413 - Gunderson/Schmitt that "Resolution authorizing allocation of discretionary hotel/motel funds as follows: 2004 Fireworks Festival --$3,000; 2004 Waterloo Open --$8,000; Waterloo Youth Hockey Association --$2,500; Waterloo Police Department --$10,000; National Cattle Congress --$18,000; Waterloo Community Playhouse --$15,000; Folklife Festival --$10,000; Reichert Pleasure Horse Celebration --$5,000", be adopted. Prior to a vote on the above motion, the following comments were heard. Terry Schroeder, representing Reichert Pleasure Horse Celebration, stated they were disappointed in the $5,000.00 amount allocated to them by this resolution. Ms. Schroeder stated that the council has indicated that they are not anti - horse or anti -show. This show is here to help tourism, as the horse show brought in over $7 million over the past five years. Ms. Schroeder stated that Councilperson Gunderson said if Reichert doesn't accept the allocation, the city will have another $5,000.00 in its pot indicates that the city doesn't really care about Reicherts. Ms. Schroeder stated that over 7 million people have horses, and that people from 41 states and 3 providences of Canada have visited the show. Ms. Schroeder stated she is sorry the council doesn't feel their event is as worthwhile as the Folklife Festival or the hockey event. A resident of Waterloo asked the council to consider the long-term affect this event has on the city and not have tunnel vision. She asked the council to look at the long term and to reconsider and support this event. • • February 16, 2004 • • RESOLUTIONS TO BE ADOPTED CONTINUED Page 5 Mayor Hurley stated that the council had a tough decision as they only had around $72,000.00 available and Reichert Pleasure Horse Celebration wanted one- half of that amount. Mayor Hurley stated that there are at least ten or eleven other events that bring in room nights as the horse show. Mayor Hurley stated we all hope Reichert stays in our city. The previous year the city gave Reicherts $1,500.00. Mayor Hurley stated the council considered all the requests and put qualative and quantative metrics and did the best they could. Councilperson Greenwood stated it is not an easy job and he is asking for some regulations to help the council with the decision process. Councilperson Greenwood apologized for the council, but said he thinks some of the quotes were taken out of context. Councilperson Greenwood stated that no way does the council not appreciate Reichert bringing their show here. The city appreciates the show coming, and they have helped us do repairs to the National Cattle Congress. Councilperson Welper stated that money is always a problem as we never seem to have enough. Councilperson Welper stated the council gave the Reichert show $5,000.00 and $18,000.00 to the National Cattle Congress to help fix the buildings, which would encourage people to come to the horse show. Ms. Schroeder stated she appreciates the comments, and she is glad the National Cattle Congress got that amount of money. Ms. Schroeder stated that they indicated that part of the funds from the city would go for the purse because when they looked at the hotel/motel tax regulations for the Convention & Visitors Bureau they indicated the funds could not go for operational purposes. Ms. Schroeder stated knowing the council did not have criteria for its money, they based their request on CVB guidelines. Ms. Schroeder indicated that part of the funding would be used for advertising, and that they don't want to take any money away from the National Cattle Congress. Ms. Schroeder stated that putting a roof on a building does not help their problem with the stalls, which is a rental expense for them. Ms. Schroeder stated they have not applied for CVB grant at this time because Martha Place has indicated they are not sure if there will be funds this year. Mayor Hurley replied there will be CVB funding this year. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-75. ORDINANCES TO BE ADOPTED 119414 - Clark/Gunderson that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 7, Leisure Services Commission, of Title 2, Boards and Commissions; and enacting in lieu thereof new Chapter 7, Leisure Services Commission, of Title 2, Boards and Commissions (reducing members to seven and procedural language clarification)", 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. Dave Nagle stated he received calls from a number of people who saw him at a Leisure Services Commission meeting and expressed concerns about this ordinance. Mr. Nagle stated that the Park Board was created because a political body only has so much time. A board or commission keeps the council from political and mundane matters. Mr. Nagle stated this ordinance isn't just about where golf carts should be located or tee times or dog parks. The council will be undertaking making all the decisions. The council always had an opportunity to overrule any decision by the commission. Mr. Nagle stated city staff and pros don't like what the commission did. Mr. Nagle stated there is no one in this community who has done more to contribute to golf in our town than Bob Molinaro, and his friends are watching. Mr. Nagle stated this ordinance strips the commission of all power and makes them an advisory board. Mr. Nagle asked the council to think about the consequences. Mr. Nagle stated he doesn't think the commission has been advised of this ordinance change nor have they been asked for input. He asked the council to table the ordinance and not ram it through on the first reading. February 16, 2004 Page 6 ORDINANCES TO BE ADOPTED CONTINUED Councilperson Greenwood stated he tends to agree with Mr. Nagle, and from his experience he doesn't want the responsibility of micro managing every department. Councilperson Greenwood stated that he thinks the council should leave Leisure Services empowered to do their duties and make recommendations to the council, and after due diligent, if the council decides to go against the commission, so be it. Councilperson Greenwood stated he does not support this ordinance, but he would support a work session with the commission to listen to the Leisure Services Commission's concerns, an interface between the council and commission on the value the Leisure Services Commission brings to the council. Councilperson Greenwood stated he does not think this needs to be approved tonight. Paul Huting, Leisure Services Director, stated it has been an ongoing request from the Leisure Services Commission to clarify their position. Mr. Huting stated there have been a number of occasion it has been brought to light that part of the ordinance says advisory, another part says Leisure Services Commission can set policy, which is a conflict in the ordinance. Mr. Huting stated there was a request at the last Leisure Services Commission meeting of at least one of the officers to give better clarification of their position. Mayor Hurley stated the mayor and council are elected to make decisions regarding city assets and funds. Mayor Hurley stated that the city has many boards and commissions and some are advisory. Mayor Hurley stated the council is trying to clarify the language, and they are taking this opportunity to reduce the members from nine to seven to be able to reach a quorum at the meetings and be able to hold the meetings at the Leisure Services building where there would be room with all the material available for staff. Mayor Hurley stated that people want to see innuendo and something going on behind the scene, but there is not, this is just clarifying the ordinance. Mr. Nagle stated the Leisure Services Commission doesn't care whether there are seven or nine members. Mr. Nagle stated the council always has the final authority, but the forefathers tried to protect the politicians from making mundane decisions and focus on more important issues. Mr. Nagle stated that none of the members said they wanted final authority, and there is a need for clarification. Councilperson Gunderson stated the council requested the city attorney to look at all the ordinances to streamline them. The Leisure Services Commission is the first ordinance to come up because six of the board members' terms will expire or have expired. The new ordinance spells out the duties of the commission. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Greenwood. Absent: Cole. Motion carried. 119415 - Welper/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Greenwood. Absent: Cole. Motion failed. BILLS PAYMENT 119416 - Greenwood/Clark that "Resolution approving Schedule AP640, pp. 1-74, dated February 16, 2004, in the amount of $424,832.94, 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-76. NEW BUSINESS 119417 - Welper/Gunderson to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Street Reconstruction Program, Contract No. 675, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 119418 - Welper/Gunderson that plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Street Reconstruction Program, Contract No. 675, be received and placed on file. Ayes: Six•Absent: Cole. Motion carried. • • February 16, 2004 Page 7 NEW BUSINESS CONTINUED 119419 - Welper/Gunderson that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-77. 119420 - Kincaid/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 8, 2004, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2004-78. ADJOURNMENT 119421 - Welper/Gunderson that the Council adjourn at 6:24 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy Eckert City Clerk