Loading...
HomeMy WebLinkAboutMinutes-03/01/2004• • March 1, 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, March 1, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Ned DeBerg, Fire Chief. ORAL PRESENTATIONS 119467 - Marilyn Metzner, 644 West Donald Street, stated she heard lat week that the council was working on the budget and thinking about raising taxes. Ms. Metzner stated if the council wants to keep people in Black Hawk County then they need to stop raising taxes. Ms. Metzner stated that her property taxes have quadrupled since 1993. Ms. Metzner explained in her area they have a septic tank and paid to have the city bring water to them. Ms. Metzner stated that they don't live in a rich area, but the property taxes keep going up. Ms. Metzner stated she understands the council has a tough job to do, but they need to do something else. Mayor Hurley responded that sewer and water are services which are paid by a fee. Mayor Hurley stated Ms. Metzner is not alone in her feelings and asked her if there were services or programs she thinks people could do less of. Ms. Metzner responded the city needs to quit selling land for $1. Mayor Hurley stated that is the dilemma, Ms. Metzner's feelings are universal, and its down to cutting programs, services and people. Ms. Metzner reported that she parks in the Commercial Street ramp, and some of the beams and plywood are falling down, and a lot of reserved areas are empty. Ms. Metzner asked the city to look at the plywood in the ramp. Forest Dillavou, 1725 Huntington Road, stated the city could cut street lights to save money. Mr. Dillavou stated that three out of four lights on Ansborough Avenue and Highway 63 are not working and asked why pay for the lights if they aren't working. Mr. Dillavou stated he gave Mayor Hurley a light of these lights one year ago, and they still aren't fixed. Mr. Dillavou suggested the city discontinue the Riverfront plan and use the refund from Black Hawk County Solid Waste Commission for the taxes. Mr. Dillavou explained that people on fixed income are bothered a lot by increased taxes. Bill Kammeyer, 526 Home Park Boulevard, pointed out the city's goals and strategies, and that we need one that say what do we do owe our citizens. Mr. Kammeyer stated he has lived in Waterloo 65 years and the city keeps raising his taxes and fees. Mr. Kammeyer suggested that the council prioritize what they owe. Everyone pays taxes whether they rent or own property. Mr. Kammeyer stated when he pays his taxes, the city owes him fire and police. Mr. Kammeyer stated he doesn't want to wait one hour for the police officer and 15 minutes for the Fire Department to respond, but when he dials 911 he wants the police officer to respond within 10 minutes and the Fire Department to respond within 5 minutes. Mr. Kammeyer suggested the council list all the services the city provides, the service they owe and the services citizens benefit because they live in Waterloo. Mr. Kammeyer stated that fees are a tax, we need sewer, water and garbage even if the fees are raised. These are fixed costs he cannot avoid. Mr. Kammeyer stated the Police Chief should analyze the most calls the police officers go on, and he believes it would be alcohol-related calls. Mr. Kammeyer suggested doubling the fees for licenses for establishments selling alcohol and put the burden on the people who use them. Mr. Kammeyer suggested the city put up a windmill on Parker Street and generate a lot of electricity for the city. Mr. Kammeyer suggested the council start thinking outside of the box, that they are in a lose/lose situation and he admires them for doing this job. Mr. Kammeyer suggested the council wipe the blackboard clean and say what do we owe every person, then what benefits citizens in Waterloo, and where can they cut. If the council cuts the Police and Fire Department that will hurt everyone in town, but some services will have to go. Welper/Gunderson that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 119468 - Clark/Greenwood that the Agenda, as proposed, for the Regular Session on Monday, March 1, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. March 1, 2004 Page 2 119469 - Clark/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, February 23, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a proclamation declaring May 2-8, 2004, as North American Occupational Safety and Health Week. Mayor Hurley read a proclamation declaring March 2004 as Hawkeye Chapter American Red Cross Month. CONSENT AGENDA 119470 - Gunderson/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Thomas Schuster and Kye Richter, Police Officers, to attend Intermediate Officer Certification Course in Waterloo, Iowa, on March 1 -April 23, 2004, with costs not to exceed $4,200.00. b. David Mohlis, Police Sergeant, to attend Traffic Accident Reconstruction 1 Course in Evanston, Illinois, on April 11-24, 2004, with costs not to exceed $2,850.00, including use of city vehicle. c. Randall Chapman, Police Sergeant; Chris Gergen, David McFarland and Greg Fangman, Police Officers, to attend 2004 Regional Detector Dog Training and Trials in Des Moines, Iowa, on April 4-6, 2004, with costs not to exceed $1,176.00, including use of city vehicle. d. Jamie Knutson, Associate Engineer, to attend Asphalt Paving Association of Iowa 45th Annual Workshop in Des Moines, Iowa, on March 3-5, 2004, with costs not to exceed $120.00, including use of city vehicle. e. Mike Brennan and Dan Avenarius, Police Lieutenants, to travel to Waterloo, Iowa, on January 20-22, 2004, to participate in Interview Panel for Police Sergeant Promotional, with costs not to exceed $220.00. f. Communication from Mayor Hurley transmitting recommendation of appointment of the following to the Leisure Services Commission: John Delorbe, Aundra Meeks and Dave Buck, with term expiration date of March 1, 2005; Kim Lozier and Jim Berry, with term expiration date of March 1, 2006; Joe Fox and Edgar Cunningham, with term expiration date of March 1, 2007. g• Beer/Liquor License Permit Application Class C New World Lounge, 120 Sumner Street (Renewal) (Expires 3/02/05) (Includes Sunday Sales) The Cellar, 320 East 4th Street (Renewal) (Expires 3/17/05) h. Liquor License Permit Application Class E Osco Drug Store, 2060 Crossroads Boulevard (Renewal) (Expires 7/24/04) (Includes Sunday Sales) i. Fireworks Display Application Trinity Episcopal Parish, 4535 Kimball Avenue for April 10, 2004 J. Cigarette Permit Application C -Stop, 1027 East 4th Street k. Bonds. Ayes: Seven, with Councilperson Clark abstaining on Item 1g. Motion carried. PETITIONS FROM PUBLIC 119471 - Kincaid/Schmitt that communication from Community Planning and Development Director transmitting request of Pioneer Graphics to vacate, sell and convey for $1.00 an alley generally located between West 4th and West 5th Streets, north of Bluff Street, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 5, 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 adoptand upon approval of Mayor ass ed No. 2004-98. • • March 1, 2004 Page 3 PETITIONS FROM PUBLIC CONTINUED 119472 - Kincaid/Schmitt that communication from Community Planning and Development Director transmitting Development Agreement with James H. Slife of Pioneer Graphics in conjunction with a 9,600 sq. ft. addition for property generally located at 316 West 5th Street, with a 10 -year minimum assessment of $500,000.00, and 100 percent tax rebatements for five years, be received, placed on file and "Resolution setting date of hearing as April 5, 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 by Mayor assigned No. 2004-99. 119473 - Kincaid/Schmitt that communication from Community Planning and Development Director transmitting request to sell and convey to James H. Slife for $1.00 property acquired from the Stevens Family Trust and generally located just north of the Gibson Specialty site, 323 West 4th Street, in conjunction with addition to property located at 316 West 5th Street be received, placed on file and "Resolution setting date of hearing as April 5, 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 by Mayor assigned No. 2004-100. DOCUMENTS 119474 - Clark/Gunderson that communication from Associate Planner transmitting request of Kevin Kleppe for tax exemptions on improvements totaling $46,000.00 for property located at 1219 Ann Street 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. Prior to a vote on the above motion, the following comments were heard. Ned DeBerg, Fire Chief explained that Waterloo Fire Rescue is the primary responding department for Elk Run Heights and Cedar Township. Ambulance charges are billed to the party receiving the services. Chief DeBerg stated that the City of Elk Run Heights is charged approximately $18.04 per year, per capita based on the population for a total of $18,978.08, minus $0.50 per capita for costs assessed by the county for membership in the Northeast Iowa Response Group, which brings the annual cost to $18,452.08. Chief DeBerg stated that Cedar Township is charged $1,464.78 per year. Councilperson Greenwood asked if the city is mandated to provide these services and is the city obligated to sign the agreements. Chief DeBerg responded the city does not have to sign the agreements, but the city has been providing these services for quite a few years. Chief DeBerg stated that the agreements make revenue for the city as there aren't many calls for fire and we bill for ambulance calls. Councilperson Greenwood stated he is concerned that the city is being reimbursed adequately for these agreements. Councilperson Greenwood asked if in Cedar Township do the people across the street pay more taxes. Chief DeBerg responded that the agreement covers about 40 homes. Chief DeBerg stated there are other cities that could provide this protection, but they aren't as good as Waterloos. Chief DeBerg stated that he has been increasing the cost for these agreements about 2 percent each year. Councilperson stated that Cedar Township residents pay $250.00 per house and the people across the street pay about $35.00, and that is not a fair and equitable situation. Councilperson Greenwood asked why not charge them the same for services as what Waterloo. Councilperson Greenwood will work with Chief DeBerg on the agreements. Greenwood/Gunderson that communication from Fire Chief transmitting 28E Agreement with Elk Run Heights to provide fire protection and ambulance response at a cost of $18,452.08 and 28E Agreement with Cedar Township to provide fire protection and ambulance response at a cost of $1,464.78 be tabled. March 1, 2004 Page 4 DOCUMENTS CONTINUED Councilperson Welper stated the city receives a little over $1,400.00 for the agreement with Cedar Township, and the Fire Department receives few calls for service. Elk Run Heights is surrounded by Evansdale. Waterloo Fire Rescue response time is four minutes and two or three trucks are sent right away. Councilperson Welper stated he wants to be sure if he votes to table the agreements that we don't lose the agreements. Chief DeBerg responded that he doesn't think so and that Councilperson Greenwood just wants to review the agreements. Ayes: Five. Nays: Clark, Schmitt. Motion carried. 119475 - A vote was taken on the request of Kevin Kleppe for tax exemptions with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-101. 119476 - Clark/Gunderson that communication from Airport Director transmitting an agreement with Earth Tech to provide project design and engineering services at a cost of $255,400.00 in conjunction with installation of guidance signs, rehabilitation of Runway 12-30 and rehabilitation of terminal apron, together with recommendation of approval of Airport Board, 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. 2004-102. 119477 - Clark/Gunderson that communication from City Planner transmitting one-year agreement with Wendell Lupkes to lease property generally located north of West Shaulis Road and between West 4th Street and the Southland Park Subdivision at a cost of $100.00 per year to use for baling purposes be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-103. RESOLUTIONS TO BE ADOPTED 119478 - Kincaid/Welper that "Resolution approving and accepting from the Stevens Family Trust properties generally located just north of the Gibson Specialty site, 323 West 4th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-104. 119479 - Kincaid/Welper that "Resolution forgiving demolition assessment in the amount of $45,704.00 and weed assessment in the amount of $90.00 for properties formerly known as the Devil's Den and located just north of the Gibson Specialty site, subject to Stevens Family Trust conveyance of the former Devil's Den property to the city", 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. 2004-105. 119480 - Kincaid/Welper that "Resolution approving allocation of $30,000.00 of discretionary hotel/motel funds and allocation of $20,000.00 of Convention & Visitor Bureau 20% hotel/motel grant funds for two years to build reserve of $100,000.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned. No. 2004-106. • • March 1, 2004 Page 5 ORDINANCES TO BE ADOPTED 119481 - Schmitt/Gunderson that "an Ordinance amending the 2003 Traffic Code by repealing Subsection 2 of Sec. 491, Safety Belts and Safety Harnesses -Use Required; and enacting in lieu thereof a new Subsection 2 of Sec. 491, Safety Belts and Safety Harnesses -Use Required (requiring use of a safety belt and safety harness), be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119482 - Welper/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119483 - Gunderson/Schmitt that "an Ordinance amending the 2003 Traffic Code by repealing Subsection 2 of Sec. 491, Safety Belts and Safety Harnesses -Use Required; and enacting in lieu thereof a new Subsection 2 of Sec. 491, Safety Belts and Safety Harnesses -Use Required (requiring use of a safety belt and safety harness)", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4674. 119484 - Gunderson/Welper that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Chapter 1, Building Code, and Article A, Building Contractors, of Chapter 1, Building Code, of Article 9, Building Regulations in their entirety; and enacting in lieu thereof new Chapter 1, Building Code, and Article A, Building Contractors, of Chapter 1, Building Code, of Article 9, Building Regulations (adoption of 2003 Edition of the International Building Code, 2003 Edition of the International Residential Code for One and Two Family Dwellings and 1997 Uniform Code for Building Conservation)", 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. Duane Feldman, 602 Cataract Avenue, stated he was here last week and he is still against this ordinance. Mr. Feldman stated that all new residential structures have to be up to code, and as long as the homeowner is willing to take the financial risk he doesn't think we need this ordinance. Craig Fairbanks stated he has been looking at this ordinance and it is a very good code. Mr. Fairbanks asked if there are exceptions to what is in the Building Code. Lou Cutwright, Building Official/Maintenance Administrator, responded there are exceptions to the International Residential Code dealing with plumbing, electrical and heating code which we already have in the city's code. Mr. Cutwright explained that he is leaving in the rising run step because it is not a hardship for cities that already adopted the code, and contractors can work with the Building Department to find maximum out of it. Councilperson Gunderson asked if Mr. Cutwright has worked with the City of Cedar Falls to see if they are interested in adopting the International Residential Code as the local contractors would like the cities to work together on the same code. Mr. Cutwright responded in 1999-2000 when the International Code Council was created and the Uniform Building Code was deleted, he met with the Cedar Falls Building Department to discuss the issue of the code change. His comment at that time was it would be doomsday before Cedar Falls came off the Uniform Building Code. Mr. Cutwright stated he opted to move forward with the International Code because it is an easier code to build by. Mr. Cutwright stated there are designed structures in the city using these codes, and that all three new schools have been designed using the new code. Forest Dillavou, 1725 Huntington Road, asked the council not put more restrictions on citizens wanting to build their own homes. Mr. Dillavou stated there are no guarantees the contractors will allow citizens to use their license. Mr. Dillavou stated that several years ago contractors lobbied and passed an ordinance that people owning rental property cannot do any work in their rental homes. Mr. Dillavou explained when he has a $2 light switch to fix, the electrical contractor pays $25 for the permit and then charges him for labor and travel costs. Mr. Dillavou stated he feels there are already enough restrictions. Mr. Cutwright responded that rental properties have typically been those that cause fire deaths. Mr. Cutwright stated that all mechanicals in rental homes have to be done by a licensed contractor. Mr. Cutwright stated that homeowners are not restricted from working on their own property. March 1, 2004 Page 6 ORDINANCES TO BE ADOPTED CONTINUED Homeowners can remodel bathrooms, kitchens, basements and additions with licensed contractors, and if they are owner occupied they can get permits. Homeowners can even build their own home if as a homeowner they are going to do the framework. Mr. Cutwright stated that the reason for the mechanical restrictions is that federal law prohibits issuance of permits to homeowners for installation of air conditioning. Mr. Cutwright stated that the Building Department has found over the years that homeowners doing their own electrical work have been a problem, and Inspectors have to spend hours cleaning up the messes. Mr. Cutwright explained that the Building Department relies on the mechanical contractors to produce a good product. Mr. Cutwright stated that the General Contractors worked for months on this code. Mr. Cutwright re- emphasized that homeowners can do everything on their property under this code. Mr. Cutwright stated that when a homeowner is building a new home he can do the framing, but if he hires a framer, it has to be a licensed contractor. Mr. Cutwright stated that all mechanical work has to be done by mechanical contractors. Jim Crandall, 1161 Leona Avenue and a General Contractor, stated that homeowners can build their own home. If the homeowner does not wish to frame the new home and still wants to be the general contractor, he can hire a general contractor to frame it. Mr. Crandall asked why wouldn't you want to know that your home is properly framed. Mr. Crandall stated that the Inspectors have to reinspect and reinspect for those folks not doing proper work. Mr. Crandall stated he supports this ordinance. Reed Hunemiller, President of the General Contractors Board, stated he supports this ordinance as written. Mr. Hunemiller stated he looks at it as a homeowner should be able to build his/her own home, but it is not the Inspector's job to design framing systems for people building their own home. Mr. Hunemiller stated a homeowner can build his own home, but if he is hiring someone else then he should use a qualified licensed contractor. Councilperson Gunderson asked if it is a hindrance for contractors going from one city to another. Mr. Hunemiller responded it won't affect the contractors and it doesn't matter if they are building in Waterloo or Cedar Falls. Mr. Cutwright stated when framing a home it takes more than one individual, but the homeowner will have to be the one with the knowledge of what they are doing. If the homeowner hires someone to do the framing, it will have to be a licensed contractor. Mr. Cutwright stated that most Amish builders are licensed to work within the City of Waterloo. Lyle Taylor stated he does not want the city to pass an ordinance that would prohibit homeowners from fixing their homes as there is too much government in our lives now. Mr. Taylor stated he feels the ordinance in place now works well, and he hasn't heard of a lot of problems. Mr. Cutwright responded this change came about when the International Code Council was changed in 1999, and the International Building Code became the code of record. Mr. Cutwright brought it to the General Contractors Board in 2000. Mr. Cutwright stated the General Contractors Board examined it in 2003 and felt the Building Code was an easier code to build by and the Residential Code is an easier code as our code is more restrictive as to individuals working on own home Mr. Cutwright stated that homeowners can do everything on their own home. Following comments a vote was taken on the original motion with the following result. Ayes: Six. Nays: Schmitt. Motion carried. 119485 - Welper/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Four. Nays: Clark, Schmitt, Gunderson. Motion failed. BILLS PAYMENT 119486 - Greenwood/Cole that "Resolution approving Schedule AP640, pp. 1-72, dated March 1, 2004, in the amount of $618,483.41, 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. 2004-17. • • • • March 1, 2004 ADJOURNMENT 119487 - Clark/Gunderson Page 7 that the Council adjourn at 6:40 p.m. Ayes: Seven. Motion carried. F Nancy Ackert City Clerk