HomeMy WebLinkAbout12/14/92December 14, 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 14, 1992. Mayor Albert C.
Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke.
Invocation by: Josef Fox
Pledge of Allegiance: Den 1, Pack 116
Michelle Jefferson reminded Council Members of the Holiday Blood Drive to be held at the
Waterloo Recreation & Arts Center on December 16, 1992. She encouraged everyone to give
a gift of blood during the Holiday Season.
Students, faculty, parents and staff were present from Grant School, the City's Partner in
Education, and caroled. The audience was asked to participate.
100368 - Moved by Buck, seconded by Wright
that the Agenda, as amended, for the Regular Session on Monday, December 14, 1992,
at 7:00 p.m., and the Minutes of the Regular Session on Monday, December 7, 1992,
at 7:00 p.m., be accepted and approved. Motion carried.
HEARINGS
100369 - Moved by Angel, seconded by Buck
that proof of publication of notice of public hearing on request of A.Y. McDonald
Supply to rezone from "C-2" Commercial District to "C-2" Commercial District/"C-Z"
Conditional Zoning property generally located at 3310 University Avenue for
purpose of permitting a wholesale/warehouse, as published in the Waterloo Courier
on November 27, 1992, be received and placed on file. Motion carried.
100370 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Don Temeyer, Planning and Development Director, noted that the Planning,
Programming and Zoning Commission had recommended approval of said rezoning
request. No objections have been received by adjacent properties. The purpose
of the rezoning is to allow wholesale/warehouse use in a "C-2" Commercial District
Zone, which is not allowed by the Zoning Ordinance. On-site drainage retention
will be required. The site plan currently shows three curb cuts onto the adjacent
University Avenue frontage road.
Moved by Dell, seconded by Angel
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.
100371 - Moved by Budak, seconded by Lemke
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 42 to Section 7A -N Conditional Rezoning Certain
Property", be received, placed on file, considered and passed for the first time.
Ayes: Seven. Motion carried.
100372 - Moved by Buck, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
100373 - Moved by Wright, seconded by Budak
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: Seven.
Motion carried.
100374 - Moved by Lemke, seconded by Budak
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 42 to Section 2A -7N Conditional Rezoning Certain
Property", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3906.
December 14, 1992
Hearings - continued
100375 - Moved by Buck, seconded by Wright
Page 2
that proof of publication of notice of public hearing on request of Midwest Power
Systems, Inc. to sell and convey property generally located in Cowin's Subdivision
in Riverside Addition for $6,055.00, as published in the Waterloo Courier on
December 8, 1992, be received and placed on file. Motion carried.
100376 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Mark Boesen, Assistant Administrator of Community Development, stated that the
purpose of the sale was to allow the previous owners, Midwest Power Systems, Inc.,
to conduct environmental remediation. The site is a former hazardous waste
location that was operated by the Coal Gasification Plant (IPS) from 1901 to 1956.
IPS sold this lot to Rath Packing Company in 1965, and the City received ownership
of said property in 1985 through the Rath bankruptcy proceedings. Midwest Power
will hold the City harmless of any clean-up costs associated with the site.
Moved by Wright, seconded by Budak
that the hearing be closed and the recommendation of approval of the Community
Development Board and oral comments be received and placed on file. Motion
carried.
100377 - Moved by Budak, seconded by Lemke
that "Resolution authorizing sale and conveyance of property generally located in
Cowin's Subdivision in Riverside Addition to Midwest Power Systems, Inc. for
$6,055.00, plus costs", be adopted and City Attorney instructed to prepare and
deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-691.
UNFINISHED BUSINESS
100378 - Moved by Wright, seconded by Buck
that communication from Public Works Director transmitting recommendation of
appointment of promotion of Herbert Thompson to Street Department Foreman,
effective December 15, 1992, be received, placed on file and approved.
Prior to a vote on the above motion, the following comments were heard.
Jim Walsh, City Attorney, encouraged the Council to not respond to any comments
as this issue may become a matter of future litigation.
Mel Smelser, 2235 Temple Avenue, asked whether Mr. Thompson was number one on the
list. Again, City Attorney Walsh stated that due to the threatening litigation,
it was his recommendation that no questions be answered at this time.
Sam Anderson, attorney representing Larry Davis, stated that he would keep his
remarks in a positive tone. He urged the Council not to appoint Mr. Thompson
because he was not the most qualified individual for the position, and that it
violates the law by violating Mr. Davis' civil rights. He stated that it was the
City's duty to hire the most qualified person for the job, although there may be
some misconception by the City Council of its duties under the Civil Service Law.
He noted that the Civil Service Commission had certified three individuals to the
list and eligible for appointment to the position. Mr. Davis was high on the list
but was overlooked and not recommended for the position. He argued that the
existing collective bargaining agreement requires that the City appoint the most
qualified person for the job. He also noted that the Civil Service Commission
Rules state in its forward that no one should be favored over another individual,
and that the City shall not discriminate. He stated that the City's Affirmative
Action Policy requires the City to hire the most qualified candidate for the job.
In review, he noted that the Civil Service examination process, seniority,
department classification, experience and overall qualifications require the City
to hire the most qualified person for the job. He also noted that race based
decisions violate the intent of the law, and that the City cannot get around the
guise of the Affirmative Action Plan. He questioned whether the City's
Affirmative Action Plan was legal noting that non -minority employment by the City
December 14, 1992 Page 3
Unfinished Business - continued
was approximately the same as the population as a whole in the community. He
noted that Mr. Davis had held this job in a temporary position for the past one
and one-half years. He noted that court decisions related to matters of
affirmative action do not require one individual to bear the ills of all of
society, and that the court will not allow a race based decision. He reiterated
that the basic issue is that the City has a duty to hire the most qualified
individual, which is Larry Davis.
Dave Smith, attorney for Herb Thompson, stated that the purpose of his
presentation was to follow the recommendation of the Public Works Director in
recommending Herb Thompson to the position of Street Department Foreman. He
stated that he is qualified for the position and was not being appointed just
because he was a minority candidate. He stated that he has the education,
training and experience to fill the position. Minorities must overcome the "glass
ceiling" concept and this appointment would be a positive goal for the City
Council to follow.
A vote was taken on the above motion with the following results:
Ayes: Seven. Motion carried.
PETITIONS FROM PUBLIC
100379 - Moved by Buck, seconded by Fox
that communication from City Planner transmitting 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 ft. to 10 ft. for the purpose of
building two single family residences, be received, placed on file and "Resolution
setting date of hearing as December 28, 1992 at 7:00 p.m. in the City Hall Council
Chambers on the above described request", be adopted and Clerk/Auditor instructed
to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-692.
REPORTS
100380 - Moved by Buck, seconded by Fox
that Report from Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo
Housing Certificate Program --November 1992, be received and placed on file.
Motion carried.
100381 - In response to a question from Councilperson Lemke, Larry P. Burger,
Clerk/Auditor, noted that the defeasance of certain sewer general obligation bonds
was the result of a refunding issue. The refunding allowed for the restructure
of existing sewer debt and was not an added obligation to the fund.
Moved by Buck, seconded by Fox
that Waterloo Municipal Sanitary Sewage Utility Audit for the Fiscal Year ended
June 30, 1992, be received and placed on file. Motion carried.
DOCUMENT
100382 - Moved by Buck, seconded by Fox
that communication from City Planner transmitting Preliminary Plat of Burton
Avenue Industrial Park, together with deed of dedication, be received, placed on
file and "Resolution approving said preliminary plat", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-693.
December 14, 1992 Page 4
RESOLUTIONS TO BE ADOPTED
100383 - Don Temeyer, Planning and Development Director, stated that the City of Waterloo
must certify to the County Auditor annually those expenditures that qualify for
reimbursement from the Tax Increment Fund. The revenue generated in additional
taxes is used to pay for public improvements within the district. In response to
a question from Councilperson Dell, Mr. Temeyer noted that the tax revenues are
covering debt payments. Any additional revenue generated in the district could
fund future needs such as parking.
Moved by Buck, seconded by Fox
that "Resolution certifying to the County Auditor expenditures that qualify for
reimbursement for Tax Increment Fund (TIF)", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-694.
100384 - Larry P. Burger, Clerk/Auditor, noted that this transfer was the second of a total
transfer in the current year budget of $750,000.
Moved by Buck, seconded by Fox
that "Resolution transferring $200,000 from the City Police Pension Fund and
$200,000 from the Fire Pension Fund to the City/State Fire/Police Pension Fund",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-695.
100385 - Moved by Buck, seconded by Fox
that "Resolution setting new date of hearing as December 28, 1992 at 7:00 p.m. in
the City Hall Council Chambers on vacation, 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 to Watco Construction, Inc. for $4,963.98 to
correct error in legal description on previously approved sale", be adopted and
Clerk/Auditor instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-696.
100386 - Larry P. Burger, Clerk/Auditor, noted that this would allow the sale of notes to
the Waterloo Savings Bank at an annual interest rate of 4.5 percent. Said notes
will pay for various capital expenditures contained in the F.Y. 1993 Budget.
Moved by Buck, seconded by Fox
that "Resolution directing the acceptance of a proposal to purchase $655,000
General Obligation Capital Loan Notes, Series 1992B", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-697.
100387 - Moved by Buck, seconded by Fox
that "Resolution approving and authorizing a form of Loan Agreement and
authorizing and providing for the issuance of $655,000 General Obligation Capital
Loan Notes and levying a tax to pay the notes", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-698.
ORDINANCES TO BE ADOPTED
100388 - Moved by Budak, seconded by Wright
that "an Ordinance approving amendments to Zoning Ordinance No. 2479, as amended,
as it pertains to landscaping. for all "R-3" Multiple Residence Districts and less
restrictive zones except the Central Business District", be received, placed on
file, considered and passed for the second time.
Prior to a vote on the second reading of an ordinance requiring certain
landscaping in "R-3" Multiple Residence Districts and less restrictive zones, the
following discussion was heard.
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December 14, 1992 Page 5
Ordinances to be Adopted - continued
Rick Young objected to the proposed ordinance due to the unreasonable cost to
builders, owners and consumers in the City. He stated that it may eventually stop
future development as it would be too expensive for anyone to build in this
community. He stated that it was a "nice idea" but results in higher costs to
consumers. He asked that the Council postpone a decision on this matter and look
at it from a cost perspective.
Don Temeyer, Planning and Development Director, indicated a willingness to meet
with Mr. Young regarding this issue. Prior to a recommendation, the Planning,
Programming and Zoning Commission established a Citizens' Committee, including the
Chamber of Commerce and realtors, who are in concurrence with the proposed
recommendations. Mr. Temeyer noted that the standard regulations of the ordinance
do not apply to sites larger than 2 acres. He also noted that the ordinance does
not require certain types of trees but is premised on a point system that requires
a minimum number of trees. In the case of large site development, the City will
work with the developer in meeting landscaping requirements.
After discussion, a vote was taken on the above motion with the following result:
Ayes: Seven. Motion carried.
100389 - Moved by Dell, seconded by Angel
that "an Ordinance approving amendments to Zoning Ordinance No. 2479, as amended,
as it pertains to side yard setbacks in all "R-3" Multiple Residence Districts and
less restrictive zones except the Central Business District", be received, placed
on file, considered and passed for the second time. Ayes: Seven. Motion
carried.
100390 - Moved by Buck, seconded by Fox
that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo,
Iowa, by adding Section 18-3, Amendment to Schedule of Permit Fees, of Ordinance
No. 1971, Heating, Air Conditioning and Ventilating Code (permit fees for Heating
Department)", be received, placed on file, considered and passed for the first
time.
Prior to a vote on the above motion, the following discussion was heard.
Jim Boesen, Chief HVAC Inspector, stated that the proposed increase would cover
additional costs associated with said inspections. It was the recommendation of
the Heating Board that the ordinance be read at least two times to allow adequate
public input. The proposed 10 percent increase would increase, for example,
furnace inspections from $20 to $22, and air conditioning inspections from $28 to
$31
Following discussion, a vote was taken on the above motion with the following
results: Ayes: Seven. Motion carried.
100391 - 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 Service, 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 first
time.
Prior to a vote on the above motion, the following discussion was heard.
John Meyer, Public Works Director, stated that the proposed increase in garbage
fees to $10 per month beginning January 4, 1993 and extending through June 30,
1993 was an interim rate to cover a projected deficit in the garbage fund for the
year ending June 30, 1993. In the next 60 to 90 days, the Council will be asked
to review its rate structure in light of recycling. If no action is taken by the
Council on this issue prior to June 30, 1993, the fee will revert back to $7.90
on July 1, 1993.
December 14. 1992 Page 6
ordinances to be Adopted - continued
Councilperson Fox suggested that the Council may want to now determine a long-term
financing plan rather than establishing an interim rate. Councilperson Buck
stated that it had been suggested to him that perhaps during the winter months,
the weekly pickup could be suspended. Mr. Meyer stated that it would be difficult
to place sanitation workers in appropriate alternate positions during the off
weeks. Councilperson Budak stated that this increase would cover the existing
deficit and allow the Council to establish a permanent rate beginning July 1,
1993. Councilperson Dell also expressed a desire to establish a long-term garbage
fee.
Mr. Meyer stated that the recycling contract with R -Business Recyclers has not
materialized as rapidly as first anticipated precipitating the two stage approach
to the garbage rate structure.
Councilperson Budak stated that the City should carefully review the availability
of monthly billing for customers due to increase in costs.
Kathy Oberle, 710 Forest Avenue, asked that the Council consider only the first
reading of said ordinance. She also suggested that we eliminate the spring
cleanup and that garbage services should be kept simple. She noted that citizens
in this community have been given a bad reputation that they do not want to pay
for services. She stated that the public wants to know what they are paying for.
Nathan Blanck, 4052 Niles Street, questioned why an individual should be
responsible for paying for garbage services when they are not home. He stated
that in comparing surveys of other cities, the City of Waterloo's rate is much
higher. Staff members reported that the Iowa Legislature has mandated certain
requirements related to garbage services and that frustrations concerning
continuing requirements be addressed to local legislators.
Councilperson Angel ruled on a point of order suggesting that Mr. Blank's
comments were not germane to the issue of a garbage increase.
Following discussion, a vote was taken on the above motion with the following
results: Ayes: Seven. Motion carried.
BILLS PAYMENT
100392 - Moved by Angel, seconded by Buck
that "Resolution approving Schedule A918, pp. 1-47, in the amount of
$1,989,034.15, dated December 14, 1992, copies of which are on file in the
Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1992-699.
Travel Requests
100393 - Moved by Lemke, seconded by Angel
that the following travel request, with expenses not to exceed amount shown, be
received, placed on file, considered and passed for the first time:
1. Mike Magee, Sanitation Foreman, to attend Improving Your Supervisory Skills
Seminar in Ames, Iowa on January 20-21, 1993, with costs not to exceed $449.50.
Motion carried.
MISCELLANEOUS
100394 - Moved by Lemke, seconded by Angel
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:
December 14, 1992 Page 7
Miscellaneous - continued
1. Beer License Permit Application
Class C
Vicker's #2372, 515 Broadway (Renewal) (Expires 12/7/93) (Includes Sunday
Sales)
Godfather's Pizza, 3811 University Avenue (Renewal) (Expires 12/15/93)
(Includes Sunday Sales)
2. Beer/Liquor License Permit Application
Class C
Blue Bird Lounge, 921 Broadway (Renewal) (Expires 12/23/93) (Includes Sunday
Sales)
Village Lounge, 709 Jefferson (Renewal) (Expires 12/21/93) (Includes Sunday
Sales)
3. Liquor License Permit Application
Class B--Hotel/Motel
Rodeway Inn, 300 W. Mullan Avenue (Renewal) (Expires 12/31/93) (Includes Sunday
Sales)
Motion carried.
BONDS
100395 - Moved by Angel, seconded by Buck
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through December 14, 1992, be received, placed on file and report
and bonds approved. Motion carried.
ORAL PRESENTATIONS
100396 - Councilperson Angel stated that in calling for a point of order during Mr.
Blanck's comments (see CR 100391 above) was to point out that his remarks were not
germane to the subject matter on the agenda.
In response to questions from Kathy Oberle, 710 Forest Avenue, Public Works
Director John Meyer stated that the department has issued only one press release
that stated that approximately $66,000 of the snow removal budget has been
expended to date, which represents approximately 15 percent of the total snow
removal budget. In response to a question from Kathy Oberle, Larry P. Burger,
Clerk/Auditor, stated that if the snow removal budget is overexpended, a resulting
cut in the road use tax fund activities would be necessary.
Kathy Oberle stated that it was her understanding that Mayor Manning was returning
his raise which becomes effective January 1, 1993. She questioned whether
Department Heads and Council Members were returning their salary increases
effective January 1, 1993. She also stated that there has been no current
information provided on the City Council budget and asked that this issue be
placed on next Monday evening's Council agenda. She also asked that the issue of
management furloughs be put on the next City Council agenda.
Larry P. Burger, Clerk/Auditor, stated that all year-to-date expenditures and
revenue information was available at any time in the Clerk/Auditor's office for
public review. He also stated that there are no proposed increases for Department
Heads effective January 1, 1993 noting, however, that raises were given to
Department Heads and collective bargaining employees on July 1, 1992. Mr. Burger
also noted that the Mayors Citizens' Budget Review Committee will be commencing
the process for the FY 1994 Budget in the next 30 to 60 days and that discussing
it next week would be inappropriate. Ms. Oberle stated that we must look at the
budget now for possible savings.
Mayor Manning stated that step increases are not guaranteed for management
personnel, and that it was his instructions for FY 1994 Budget preparation that
no salary increases be figured in for any city personnel.
Councilperson Dell thanked the University of Northern Iowa for a great football
season, finishing fourth in the Gateway Conference.
December 14, 1992 Page 8
oral Presentations - continued
Forest Dillavou, 1725 Huntington Road, questioned whether it was legal to use
garbage fees for weed enforcement. Staff stated that said expenses are legal
noting that the current fee structure will not pay for all of the existing
services when recycling takes effect.
Martin Vanbruning, 212 Wellington Street, stated that his family is not able to
afford the increase in garbage and sewer fees. As a result, he may not be able
to buy a home in Waterloo. He asked that the Council consider low-income persons
who cannot afford such large increases. Larry P. Burger, Clerk/Auditor, availed
Mr. Vanbruning to the availability of garbage exemptions for persons who meet
certain income guidelines. Forms are available in the Clerk/Auditor's office.
Nathan Blanck, 4052 Niles Street, questioned many previous actions of the Council,
including ongoing tax increases and the proposed re-evaluation of property. He
also questioned the parking lot agreement recently entered into between the City
and the Iowa Department of Transportation for the area under the downtown portion
of Relocated U.S. Highway 218 and the need for an olympic size skating facility.
Mr. Blanck was clarified by City staff noting that the agreement with the Iowa
Department of Transportation only gave the City permission to construct parking
lots at this location at a future time and that all cost estimates and plans need
approval of the City Council prior to commencement. Mr. Blanck also noted we do
not need city street sweepers nor the large item pickup service.
Bill Grimm, 1710 Forest Avenue, questioned the additional bag charge for garbage
services and what was considered an additional bag. John Meyer, Public Works
Director, reported that if a bag charge is levied, the size will be 32 to 36
gallons. Mr. Grimm was also informed that the Mayor's Citizens' Reorganization
Committee will present its report to the City Council on Monday, December 21, 1992
at 5:30 p.m. in the Large Conference Room.
Councilperson Fox stated that he was in favor of the ice facility and that
comments made by Kathy Oberle concerning John Meyer were out of hand.
Moved by Buck, seconded by Angel
that the above oral comments be received and placed on file. Motion carried.
100397 - Moved by Lemke, seconded by Angel
that communication from Marticus L. Jones transmitting an appeal to the Cat and
Dog Ordinance No. 3601 be received and placed on file. Motion carried.
100398 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Jim Walsh, City Attorney, stated that the Council was acting as an appeal body as
allowed in Waterloo Code of Ordinances Section 7-17(f). As such, the body should
hear the facts and determine whether or not the animals should be destroyed. The
next level of higher appeal is the court system.
Carmen MacDonald, Animal Control Officer, presented the facts leading to the
killing of a pair of small dogs in the fenced -in back yard at 524 Warren Drive on
December 3, 1992. At that time, she also found two pitbulls owned by Marticus L.
Jones. She recommended that the dogs be destroyed and cited other instances when
the same pitbulls were reported loose in May, July and November, 1992. She stated
that the owner, Marticus Jones, has made no attempt to contain the animals, and
that the animals should be destroyed, and that she did not want to see a child pay
similar consequences.
Marticus Jones, 529 Gable, presented a letter from the owner of a dead dog stating
that he did not think the pitbulls should be destroyed. Mr. Jones settled out of
court for the value of these dogs. Mr. Jones noted that he was in the process of
building a kennel for said dogs noting that the dogs were very gentle around his
son. He also spoke against the action of the Animal Control Officer.
Mayor Manning noted that the Council could uphold the action of the Animal Control
Officer or remand back to the officer for an alternative solution.
• �\
December 14. 1992 Page 9
Moved by Buck, seconded by Angel
that the hearing be closed and oral and written comments be received and placed
on file and the action of the Animal Control Officer be upheld. Ayes: Five.
Nays: Dell, Wright. Motion carried.
ADJOURNMENT
100399 - Moved by Buck, seconded by Angel
that the Council adjourn at 9:45 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor