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HomeMy WebLinkAbout01/04/93January 4, 1993 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, January 4, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Mayor Al Manning Pledge of Allegiance: Girl Scouts from Orion Service Unit --Ellen Halvorson, Jessica Halvorson and Jennifer Melugin. 100475 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on Monday, January 4, 1993, at 7:00 p.m. and the Minutes of the Regular Session on Monday, December 28, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 100476 - Moved by Angel, seconded by Fox that proof of publication of notice of public hearing Institute, aka Quakerdale to vacate, sell and convey a between South Barclay and Irving Streets for $386.00, the Waterloo Courier on December 23, 1992, be received carried. on request of White's Iowa portion of Glenwood Street, plus costs, as published in and placed on file. Motion 100477 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, explained that the proposed sale to Quakerdale was part of an original agreement that also will eventually include the vacation, sale and conveyance of a portion of South Barclay Street. Moved by Wright, seconded by Budak 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. 100478 - Moved by Budak, seconded by Buck that "an Ordinance vacating a portion of Glenwood Street, between South Barclay and Irving Streets", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 100479 - 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. 100480 - 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: Seven. Motion carried. 100481 - Moved by Dell, seconded by Angel that "an Ordinance vacating a portion of Glenwood Street, between South Barclay and Irving Streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3914. 100482 - Moved by Lemke, seconded by Wright that "Resolution authorizing sale and conveyance of a portion of Glenwood Street, between South Barclay and Irving Streets to White's Iowa Institute, aka Quakerdale for $386.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-1. January 4, 1993 Page 2 UNFINISHED BUSINESS 100483 - Mayor Manning stated that the proposed resolution on establishing rules and procedures relating to public participation would now be brought to the floor for discussion. Mayor Manning stated that he appreciated the intent of the citizens' committee that brought this resolution forward, but that the issue has become bigger than the actual problem. It was his opinion that the public comments section of the agenda was more orderly than it was when he first took public office. He agreed that personal attacks on City staff or Council should not be allowed. He stated that if citizens felt he was being too liberal with the conduct of city business, they should have first approached him concerning the problem. He voiced his appreciation to the City Council for the compromise they have proposed, noting that he and the Council must abide by the parliamentary rules and procedures set forth in Robert's Rules of Order. Moved by Buck, seconded by Angel that "Resolution of the Waterloo City Council establishing rules and procedures relating to public participation at City Council meetings", be adopted. Prior to a vote on the above motion, the following discussion was heard. Councilperson Budak questioned whether there would be a timekeeper to impose a three-minute restriction and whether the three minutes would include the questions and answers. The Mayor clarified that the three minutes would not include questions and comments concerning the presentator's remark. Councilperson Wright stated that if an individual needs 10 minutes to present their problem, it would be prudent of the Council to allow a longer time, particularly if the comments are germane. Councilperson Lemke noted that the resolution does allow a citizen longer than three minutes with the permission of the Mayor. Elaine Jaquith, 810 Cornwall Avenue, supported Mayor Manning's comments and the contents of the resolution. As a member of the Waterloo School Board, she pointed out that it is a misconception that the new rules for public input at the schools have worked well. She attributed smoother meetings to a change in leadership. Mark Winninger, 1518 Olympic Drive, supported the proposed resolution as a good compromise giving power back to the Mayor as he deems necessary. He stated it will be a very helpful tool fur the Mayor and will treat everyone fairly. He recommended that the City Council consider conducting several town meetings. L. C. Hennessey, 558 Montero Drive, asked what specific changes were contained in the resolution that are currently not adhered to. Mayor Manning stated that there will now be a three-minute limitation per individual per topic and that the public will be requested to register at the Clerk/Auditor's office but are not required to do so. Bill Kammeyer, 721 Denver Street and Chairperson of the Waterloo Board of Education, stated that rather than belaboring on the three-minute rule, it should be used as a guideline and allow the individual to cover the subject adequately. It will require discretion on the part of the Mayor. Councilperson Fox stated that he would encourage members of the public to register with the Clerk's office so that adequate preparation time is available to City staff. Kathy Oberle, 1101 Western Avenue, questioned whether a citizen may place an item on the City Council agenda for action. Mayor Manning stated that he determines whether an item is placed on the agenda. Larry Peters, 115 Amity Drive, stated that it is a right and privilege to speak before the City Council and objected to the three-minute limitation. He disagreed that the current conduct of business is giving the City a bad image. Following discussion, a vote was taken with the following result: Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-2. January 4, 1993 Page 3 Unfinished Business - continued 100484 - The Mayor announced that the time had arrived for discussion on the elimination of non -conflict street lights. As requested by City Council under CR 100417 of December 21, 1992, Police Chief Koehrsen stated that the Police Department does not feel comfortable advocating the removal of any street lights from a perception of public safety. He also stated that any decision to remove street lights for savings in the Road Use Tax Fund is a political decision outside the purview of the department. He stated that the use of lighting creates a valuable perception of security, noting that lighting provides a passive security means while police officers provide an active security. Without adequate human or mechanical surveillance systems, lighting is easily defeated by the criminal element who will make use of the shadows created by non -conflict street lights. Councilperson Wright stated that it is not a political decision to shut off street lights and that the decision to shut off street lights in long blocks was done so without a systematic means of evaluating it. John Meyer, Public Works Director, stated that the procedure for shut off of the lights has been worked out with Midwest Power, Inc. Meter readers will place notices on resident's doors advising them of the process to convert the light to a century light at an approximate cost of $5.30 per month. The turn off will occur over a six-month period with actual cost to the City reduced over the next three months. There will be a $15 per light fixture shut off charge and $20 for each light removed as a reimbursement for the undepreciated value of the light fixture. There will be no savings in the current year budget, but a future annual savings of $75,000 to $80,000. A map showing the lights to be removed is available for public inspection in the Clerk/Auditor's office. Residents are encouraged not to call Midwest Power, Inc. or the City until they have been notified. Mark Jacobs, Midwest Power, Inc., stated that there are options available to property owners that will be discussed with them as needed. In response to a question from Kathy Oberle, 1101 Western Avenue, Public Works Director John Meyer stated that the decision to remove the specific lights was to alleviate inconsistencies in past placement of lights. Lights will only remain in those areas that are considered conflicts. He also noted that street lights are funded from the Road Use Tax Fund. Kathy Oberle expressed concern that if there was a problem due to the removal of a non -conflict street light whether the City would be liable. She stated that she did not want people treated differently in different areas of the community. Mayor Manning reinforced that the plan would address uniformity of street light placement within the City. Karon Keefe, 343 Prospect Avenue and president of the Highland Association, stated that the Association did not favor the removal of any street lights. She suggested that street lights in the 300 block of West 4th Street be removed to conform with the proposed policy. L. C. Hennessey, 558 Montero Drive, questioned whether there was any criteria on candle power for street lighting purposes. There is not criteria. Moved by Buck, seconded by Dell that "Resolution authorizing elimination of non -conflict street lights throughout the City", be adopted. Ayes: Six. Nays: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-3. PETITIONS FROM PUBLIC 100485 - Moved by Buck, seconded by Fox that communication from Forestry Coordinator transmitting agreement with Peters Logging & Milling for a temporary access through the Katoski Greenbelt for logging operation on private property be received, placed on file and tabled for two weeks. Motion carried. January 4, 1993 DOCUMENTS 100486 - Moved by Wright, seconded by Dell Page 4 that communication from Associate Engineer transmitting a railroad agreement with the Chicago & North Western Transportation Company in conjunction with the Sixth Street Extension Project (East), HDP -9107(004)--71-07, together with recommendation of approval, be received, placed on file and tabled for further information. Ayes: Two. Nays: Fox, Angel, Buck, Budak, Lemke. Motion not carried. 100487 - Moved by Fox, seconded by Buck that communication from Associate Engineer transmitting a railroad agreement with the Chicago & North Western Transportation Company in conjunction with the Sixth Street Extension Project (East), HDP -9107(004)--71-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement" be adopted and Mayor and Clerk/Auditor authorized to execute same. Prior to a vote on the above motion, the following discussion was heard. In response to a question from Councilperson Budak, Don Temeyer, Planning and Development Director, stated that this situation was similar to the noise problem during the reconstruction of San Marnan Drive. Like San Marnan Drive, the additional noise level created by the train on the Sixth Street Extension project does not warrant any corrective measures reimbursable by the federal government. Mr. Temeyer noted that the tracks are being moved approximately 75 feet closer to the residences. Throughout the design of the project, beginning in 1986, the railroad situation has been recognized by staff as a potential problem. There are no options of relocating the railroad to any other location. It was also noted that a public hearing will be held on the Sixth Street Extension project prior to the letting by the Iowa Department of Transportation in February 1993. It was also noted that the railroad situation had been discussed at public forums on the project at East High School. Kathy Oberle, 1101 Western Avenue, stated that she thought three citizens had left the meeting this evening who had assumed that action on this item would be tabled. In response to a question from Councilperson Fox, Planning and Development Director Don Temeyer stated that the only alternative that could be considered at this time would be the purchase of the homes in the 200 and 300 block of Glenwood Street, a non -reimbursable expense. Following discussion, a vote was taken with the following result. Ayes: Five. Nays: Dell, Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-4. 100488 - Moved by Buck, seconded by Budak that communication from Insurance Coordinator transmitting request to extend general and auto liability insurance for six (6) months from January 1, 1993 to July 1, 1993 and approval of one-year renewal of Inland Marine policy with CNA from January 1, 1993 to January 1, 1994, together with recommendation of approval, be received, placed on file and "Resolution approving said extension of liability insurance and renewal of Inland Marine policy", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-5. BILLS PAYMENT 100489 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-38, in the amount of $2,844,870.56, dated January 4, 1993, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Fox. Resolution adopted and upon approval by Mayor assigned No. 1993-6. January 4, 1993 NEW BUSINESS 100490 - Moved by Angel, seconded by Dell Page 5 that communication from Planning and Development Director transmitting a plan to develop a Tax Increment Finance District (TIF) in the Northeast Industrial Area, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 25, 1993, at 7:00 p.m. in the City Hall Council Chambers on the above plan", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-7. 100491 - Moved by Angel, seconded by Dell that communication from City Planer transmitting recommendation on name change for the Sixth Street Extension, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 25, 1993, at 7:00 p.m. in the City Hall Council Chambers on the above name change", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-8. MISCELLANEOUS 100492 - Moved by Angel, seconded by Dell 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 and massage business application be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C The Bar, 903 Sycamore (Renewal) (Expires 1/11/94) (Includes Sunday Sales) Player's Lounge, 109 Oneida (Renewal) (Expires 1/12/94) (Includes Sunday Sales) Tuxedos Show Club, 301 West 4th Street (Renewal) (Expires 1/15/94) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class E Adams Grocery, 1010 Mitchell Avenue (Renewal) (Expires 1/9/94) (Includes Sunday Sales) Food 4 Less, 3731 University Avenue (Renewal) (Expires 1/11/94) (Includes Sunday Sales) Massage Business Permit Application River Plaza Athletic Club, 10 West Fourth Street Motion carried. BONDS 100493 - Moved by Dell, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through January 4, 1993, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 100494 - Councilperson Angel stated that strict enforcement of Robert's Rules of Order could result in ridiculousness. She encouraged a rational and common sense approach to conducting future meetings. Bill Kammeyer, 721 Denver Street, invited members of the City Council to a meeting with all elected bodies in the county, including the Waterloo School Board and the Black Hawk County Board of Supervisors, to begin discussing cost saving ideas between the taxing jurisdictions. A date for said meeting has not been set. Jr January 4, 1993 Page 6 Oral Presentations - continued Karon Keefe, 343 Prospect Avenue, stated that the recent fire at 1317 Vine Street was handled very efficiently by the Waterloo Fire Department, but the hydrant at the intersection of Vine and Arizona Streets was not in working order. Further, comments have been heard that the City was aware of the frozen hydrant and did not take corrective action. Kathy Oberle, 1101 Western Avenue, questioned what the budget process would be for outside agencies requesting funding from the City of Waterloo. Bill Grimm, 1710 Forest Avenue, was advised that the Mayor's Reorganization Committee will be meeting with members of the City Council to begin discussion of their report on Wednesday, January 6, 1993 beginning at 1:00 p.m. at the Waterloo Recreation & Arts Center. He stressed that the elimination of four layers of management between a citizen and the ultimate decision maker is a good idea. Councilperson Fox stated that a recent article in the Waterloo Courier reporting on recent layoffs in the Fire Department contains some misinformation that needed correcting. A former fire fighter's comments stating that he was a victim of poor city management, and that expenditures for such items as decorative street lights and the ice arena could have saved his job. Mr. Fox pointed out that the Council has not made bad decisions, and that many external factors have contributed to the lay off situation, including state mandates. Previous layoffs were not necessary due to good sound management, increases in fees and dipping into the cash reserves. The impression that the City did not know what they were doing was incorrect, and that because of good management layoffs did not occur four or five years sooner. Councilperson Dell stated that it was important that members of the public realize that nearly 83 percent of the General Fund pays for salaries and benefits, noting that the City cannot live beyond its means. Mayor Manning stated that an ice arena would not be constructed with tax dollars, noting that the entire project is on hold due to shrinking finances. Mayor Manning reminded members of the public that the "Ask the Mayor Show" will air following the Council meeting of January 11, if time permits. The Mayor also stated that the oral presentations would be an opportunity for City staff, the Council and himself to respond to incorrect information or present information of a general matter. The Mayor called on John Meyer, Public Works Director, to respond to a comment made by Dean Platt during on December 28, 1992 (see CR 100468 of December 28, 1992). Mr. Meyer stated that Mr. Platt objected to the garbage rate increase, noting that he had employed a city employee who was able to report to work at 10:00 or 11:00 in the morning. Upon questioning by Mr. Meyer, Mr. Platt admitted that this employee had worked for him five or six years ago and could not remember the employee's name. Mayor Manning asked Fire Chief Stan Stapella to report the reasons why Fire Station No. 6 has been temporarily closed. Chief Stapella stated that the decision to close this station was based upon the age and condition of the surrounding structures, the number of calls in the area, and that this area can also be served from other fire stations efficiently. Mayor Manning asked Cora Turner, Assistant Personnel Director, to give an update on the hiring of a Human Rights Director. Ms. Turner stated that applications would be reviewed by a committee consisting of the following individuals in the next two to three weeks. Those individuals include: Dr. Scharron Clayton, Belinda Creighton Smith, Kevin Keith, Winston Burt, and a personnel representative. It was noted that Mark Boesen has been appointed Community Development Administrator by the Community Development Board. The City Attorney will be providing a legal opinion as to the authority of the Board to act on such matters. A date for a tour of the Greenbelt to discuss logging operations as discussed under CR 100485 above has not been set. Moved by Buck, seconded by Budak that the above oral comments be received, placed on file and the Council adjourn at 8:59 p.m. Motion carried. Larry P. Burger City Clerk/Auditor