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HomeMy WebLinkAbout12/28/1992December 28, 1992 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m., on Monday, December 28, 1992. Mayor Pro Tem Rose Angel in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Lemke. Absent: Budak. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Clerk/Auditor Larry P. Burger Mayor Pro Tem Rose Angel recognized Bob Condit for his 30 years of service to the City of Waterloo. 100435 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on Monday, December 28, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, December 21, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 100436 - Moved by Wright, seconded by Dell that proof of publication of notice of public hearing on request of Waterloo Housing Authority and William Mclntee to reduce the platted building lines on two lots in Cloverdale Acres Replat No. 1 from 12.5 to 10 ft. for the purpose of building two single family residences, as published in the Waterloo Courier on December 18, 1992, be received and placed on file. Motion carried. 100437 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Dell, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and the petition of support representing 52.5 percent of property owners within the subdivision be received and placed on file. Motion carried. 100438 - Moved by Buck, seconded by Wright that "an Ordinance reducing the platted building lines on two lots in Cloverdale Acres Replat No. 1 from 12.5 to 10 ft. for the purpose of building two single family residences", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Budak. Motion carried. 100439 - Moved by Fox, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Budak. Motion carried. 100440 - Moved by Wright, seconded by Dell that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Budak. Motion carried. 100441 - Moved by Fox, seconded by Lemke that "an Ordinance reducing the platted building lines on two lots in Cloverdale Acres Replat No. 1 from 12.5 to 10 ft. for the purpose of building two single family residences", be adopted. Ayes: Six. Absent: Budak. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3910. 100442 - Moved by Wright, seconded by Buck that proof of publication of notice of public hearing on request of Watco Construction, Inc. to vacate, sell and convey a portion of unused Plymouth Avenue right of way generally located at the northeast corner of I-380/U.S. 218 and Texas - Street for $4,963.98 and rescinding Ordinance No. 3887 and Resolution No. 1992-525 due to an error in the legal description, as published in the Waterloo Courier on December 18, 1992, be received and placed on file. Motion carried. December 28, 1992 Page 2 Hearings - continued 100443 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wright, seconded by Lemke that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 100444 - Moved by Wright, seconded by Lemke that "an Ordinance vacating a portion of unused Plymouth Avenue right of way generally located at the northeast corner of I-380/U.S. 218 and Texas Street and rescinding Ordinance No. 3887 due to an error in the legal description", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Budak. Motion carried. 100445 - Moved by Lemke, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Budak. Motion carried. 100446 - Moved by Buck, seconded by Dell that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Budak. Motion carried. 100447 - Moved by Fox, seconded by Dell that "an Ordinance vacating a portion of unused Plymouth Avenue right of way generally located at the northeast corner of I-380/U.S. 218 and Texas Street and rescinding Ordinance No. 3887 due to an error in the legal description", be adopted. Ayes: Six. Absent: Budak. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3911. 100448 - Moved by Dell, seconded by Fox that "Resolution authorizing sale and conveyance of a portion of unused Plymouth Avenue right of way generally located at the northeast corner of I-380/U.S. 218 and Texas Street for $4,963.98, plus costs, and rescinding Resolution No. 1992-525 due to an error in the legal description", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-715. 100449 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of DuWayne J. and Linda S. Wessels to sell and convey property generally located at 306-310 East Fourth Street, as published in the Waterloo Courier on December 22, 1992, be received and placed on file. Motion carried. 100450 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Don Temeyer, Planning and Development Director, reported that this property will be utilized for parking by the Wessels who have purchased the Odd Fellows building. In addition, an access easement off Lafayette Street will be granted to gain access to said property. Moved by Fox, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning staff and oral comments be received and placed on file. Motion carried. December 28, 1992 Hearings - continued 100451 - Moved by Dell, seconded by Wright Page 3 that "Resolution authorizing sale and conveyance of property generally located at 306-310 East Fourth Street to DuWayne J. and Linda S. Wessels for $2,500.00, plus costs", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-716. 100452 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on a proposed Tax Increment Financing District (TIF) surrounding the Waterloo Airport and rescinding Resolution No. 1992-467 and Ordinance No. 3884 due to an error in the legal description, as published in the Waterloo Courier on December 11, 1992, be received and placed on file. Motion carried. 100453 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Councilperson Dell questioned the number of errors in legal descriptions. Don Temeyer, Planning and Development Director, stated that the applicant is required to provide a legal description; however, in this instance, when the original ordinance was filed with the Assessor's office, the district split a parcel of property into two pieces making it difficult to determine the parcel's value. At the request of the County, the City has revised the legal description to include the entire parcel. In the case of the legal description for the vacation, sale and conveyance of Plymouth Avenue right of way (see CR 100447), the City of Waterloo inadvertently sold to Watco Construction property that had not yet been deeded to the City from the Iowa Department of Transportation. In the case of a requestor providing a wrong legal description, all costs associated with a second hearing are borne by the requestor. Moved by Wright, seconded by Buck that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Motion carried. 100454 - Moved by Buck, seconded by Fox that "Resolution approving said Plan and rescinding Resolution No. 1992-467 due to an error in the legal description", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-717. 100455 - Moved by Fox, seconded by Dell that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Airport Multi -Modal Park Development Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal redevelopment project and rescinding Ordinance No. 3884 due to an error in the legal description", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Budak. Motion carried. 100456 - Moved by Lemke, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Budak. Motion carried. December 28, 1992 Page 4 Hearings - continued 100457 - Moved by Dell, seconded by Buck that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Budak. Motion carried. 100458 - Moved by Buck, seconded by Fox that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Airport Multi -Modal Park Development Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal redevelopment project and rescinding Ordinance No. 3884 due to an error in the legal description", be adopted. Ayes: Six. Absent: Budak. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3912. UNFINISHED BUSINESS 100459 - Mayor Pro Tem Angel stated that the Council had met during a work session and had revised the proposed rules and procedures relating to public participation at the City Council meetings. In deference to the Mayor, it was recommended that action on said item be tabled to allow the Mayor an opportunity to review the proposed resolution. Moved by Lemke, seconded by Fox that "Resolution of the Waterloo City Council establishing rules and procedures relating to public participation at City Council meetings", be tabled for one week. Motion carried. PETITIONS FROM PUBLIC 100460 - Moved by Wright, seconded by Lemke that communication from Clerk/Auditor transmitting authorization for the Mayor Pro Tem to sign on behalf of the City of Waterloo a remarketing agreement in conjunction with the Holiday Inn Civic Center Hotel Industrial Revenue Bonds, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Motion carried. DOCUMENTS 100461 - Moved by Buck, seconded by Lemke that communication from Transportation Program Manager transmitting Agreement No. 92-F-46 with the Iowa Department of Transportation for reimbursement of construction costs in conjunction with West Shaulis Road Bridge Over Prescotts Creek, BRM -8155(1)--8N-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-718. 100462 - Moved by Buck, seconded by Lemke that communication from Transportation Program Manager transmitting Agreement No. 92-F-47 with the Iowa Department of Transportation for reimbursement of construction costs in conjunction with Shaulis Road Bridge, BRM -8155(2)--8N-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-719. December 28, 1992 Documents - continued 100463 - Moved by Buck, seconded by Lemke Page 5 that communication from Clerk/Auditor transmitting Investment Policy be received, placed on file and "Resolution approving said policy", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-720. 100464 - Moved by Buck, seconded by Lemke that communication from City Planner transmitting Final Plat of Crossroads Estates Replat No. 1, together with Deed of Dedication and approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-721. RESOLUTIONS TO BE ADOPTED 100465 - Moved by Wright, seconded by Lemke that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement for Rath Tax Increment Fund (TIF)", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-722. 100466 - Moved by Wright, seconded by Lemke that "Resolution transferring funds from the City Police Pension Fund $1,411,726.84 and from the City Fire Pension Fund $1,096,873.39 to the City/State Fire/Police Pension Fund", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-723. 100467 - Moved by Wright, seconded by Lemke that "Resolution transferring from the Trust and Agency Fund the sum of $486,121.45 to the General Fund", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-724. ORDINANCES TO BE ADOPTED 100468 - Moved by Buck, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 16-8(a), Regarding Fees for Services, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof a new Subsection 16-8(a), Regarding Fees for Service, to Chapter 16, Garbage and Refuse (increasing fee for garbage services to $10 per month beginning January 4, 1993 and extending through June 30, 1993)", be received, placed on file, considered and passed for the third time. Prior to a vote on the above motion, the following discussion was heard. Dean Platt, 3905 Oak Park Circle, questioned the daily work schedule of garbage workers stating that he employs a city garbage worker who has reported to his place of work as early as 10:00 or 11:00 a.m. He stated that this is a ridiculous schedule. In response, Public Works -Director John Meyer stated that the earliest garbage workers are done on a light day is by noon, with summer schedules extending to 1:30 or 2:00 p.m. The collective bargaining agreement provides for an incentive rate of pay and allows the workers to go home after their route is completed. The City is attempting to address this incentive schedule during negotiations. Mr. Meyer also stated that the employee referred to by Mr. Platt could have been a seasonal employee. December 28, 1992 Page 6 Ordinances to be Adopted - continued Larry Peters, 115 Amity Drive, complained that all citizens of the community should not pay for mowing of vacant lots. Mr. Meyer reported that Operation Pride mows vacant lots after providing notice to the property owners and assesses the cost to the owner of record. On a yearly basis, approximately $80,000 to $90,000 of work is assessed to said properties with a collection rate of only $20,000. The assessment becomes a lien on the property, but in many cases, the vacant lots are forfeited to the County and the taxes and assessments are either abated or forgiven. Upon further questioning by Mr. Peters, Mr. Meyer stated that putting the lot back into private ownership and abating or forgiving the taxes and assessments puts the vacant lot back onto the tax rolls and relieves the City of future responsibilities to maintain it. Mayor Pro Tem Angel stated that Operation Pride and several other services rendered and paid through garbage fees will be reviewed by the City Council and possibly eliminated. Shirley Koslowski, 816 Archer Avenue, stated that although she supported recycling, many handicap and low income individuals would have a difficult time with disposing of large items without the large item pick-up service available to all Waterloo residents. She questioned how such individuals would dispose of large items in the future if the service is eliminated. Mildred Boyenga, 1427 Patton Avenue, spoke to a recent letter to the editor in the Sunday, December 27, 1992 issue of the Waterloo Courier. The author of the letter to the editor and Ms. Boyenga are disappointed that after the Mayor's Recycling Advisory Committee's report of 11 months ago, the City still has not implemented recycling. She also noted that at the Town Meeting, the City had proposed a 70(r to 80(r per month increase in garbage fees but now was proposing an increase of $2.10 per month. Mayor Pro Tem Angel stated that the City has bid recycling services and is negotiating the contract. The process was somewhat delayed by a change in ownership within the company. Public Works Director John Meyer stated that a private company does do recycling in the City and is located at 96 Vinton Street and is free to all users. He also stated that Wal-Mart has recently gotten out of the business of recycling and has donated their recycling bins to the City. He stated that it is not as easy to implement as one might think, especially since the market for recyclable goods is very sluggish. He also stated that the City is moving forward with recycling and soon will be considering a bag charge as was recommended by the Recycling Committee. Councilperson Dell also stated that recycling has not been as easy to implement as many had thought. Following discussion, a vote was taken on the above motion with the following results: Ayes: Six. Absent: Budak. Motion carried. 100469 - Moved by Buck, seconded by Fox that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 16-8(a), Regarding Fees for Services, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof a new Subsection 16-8(a), Regarding Fees for Service-, to Chapter 16, Garbage and Refuse (increasing fee for garbage services to $10 per month beginning January 4, 1993 and extending through June 30, 1993)", be adopted. Ayes: Six. Absent: Budak. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3913. BILT,S PAYMENT 100470 - Moved by Buck, seconded by Wright that "Resolution approving Schedule A918, pp. 1-27, in the amount of $938,951.47, dated December 28, 1992, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-725. December 28, 1992 Page 7 NEW BUSINESS 100471 - Moved by Wright, seconded by Buck that communication from Superintendent of Street transmitting recommendation of appointment of Robert Morelock to position of E.O. II effective December 29, 1992; Dottie Ross effective December 30, 1992; and Dana Clement effective December 31, 1992, be received, placed on file and approved. Motion carried. MISCELLANEOUS 100472 - Moved by Wright, seconded by Buck that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class C Kum & Go, 2900 Falls Avenue (Renewal) (Expires 2/26/94) (Includes Sunday Sales) Terry's Pronto, 4335 Texas (Renewal) (Expires 1/7/94) (Includes Sunday Sales) Motion carried. BONDS 100473 - Moved by Wright, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through December 28, 1992, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 100474 - Larry Peters, 115 Amity Drive, stated that he was not satisfied with snow removal during the Thanksgiving snowstorm. In cities such as Dubuque and Des Moines, city streets were in much better shape than in Waterloo. He stated that citizens are receiving less service, and that ultimately poor snow removal is an attempt to "get our hands on the local option sales tax revenues." Nathan Blanck, 4052 Niles Street, asked for clarification of the garbage increase (see CR 100469). It was clarified that the $10 rate is an interim rate that will be effective through June 30, 1993. In the next several months, the City will review the proposed rate in light of recycling. He also questioned whether the Mayor had addressed the concerns of Saul Herscovici (see CR 100426 of December 21, 1992). John Meyer, Public Works Director, stated that he had personally spent several hours with Mr. Herscovici providing him with much of the information he provided to the Council that evening. Mr. Blanck again stated that he had been lied to by City staff on a matter that was not defined. Councilperson Wright asked for clarification of the holiday garbage pick-up schedule. John Meyer, Public Works Director, stated that the Friday, December 25, customers were picked up on Monday, December 28. Thursday customers will have an opportunity to place garbage on their curb on their next regular garbage day and be allowed double garbage. Councilperson Dell stated that it was also noteworthy that the City has not experienced a murder during calendar year 1992. Moved by Buck, seconded by Fox that the above oral comments be received, placed on file and the Council adjourn at 8:04 p.m. Motion carried. Larry P. Burger City Clerk/Auditor