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HomeMy WebLinkAbout12/07/81December 7, 1981 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 December 7, 1981. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Invocation by Councilman Wilharm. 81498 — Moved by Roehr, seconded by Wilharm that the Agenda, as proposed, for the Regular Session of December 7, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 81499'- Moved by Burton, seconded by Bowers that the minutes of the Regular Session held November 23, 1981 at 7:00 P.M. be approved. Motion carried. HEARINGS 81500 - Moved by Dowie, seconded by Wilharm that proof of publication of notice of public hearing on proposal to issue Industrial Revenue Bonds, Series 1981 (Building Partnership Project) as published in the Waterloo Courier on November 13, 1981, be received and placed on file. Motion carried. 81501 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Moved by Roehr, seconded by Burton that "Resolution determining to proceed with the issuance and sale of not to exceed $200,000 Industrial Revenue Bonds, Series 1981 (Building Partnership Project)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-591. 81502 - Moved by Penaluna, seconded by Wilharm that proof of publication of notice of public hearing on proposal to issue Industrial Revenue Bonds, Series 1981 (Professional Office Services, Inc. Project) as published in the Waterloo Courier on November 13, 1981 be received and placed on file. Motion carried. 81503 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Wilharm that "Resolution determining to proceed with the issuance and sale of not to exceed $500,000 Industrial Revenue Bonds, Series 1981 (Professional Office Services, Inc., Project)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-592. 81504 - Moved by Wilharm, seconded by Roehr that proof of publication of notice of public hearing on proposed Redistricting Plan for wards and precincts within the City of Waterloo as published in the Waterloo Courier on November 20, 1981 be received and placed on file. Motion carried. 81505 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections. Moved by Bowers, seconded by Roehr to receive and place on file petitions signed by 200 persons supporting Plan 1, to retain the east side as a ward. Motion carried. December 7, 1981 Page 2 81506 - Rosie Peterson, President of the Black Hawk/Bremer League of Women Voters, read a statement in support of Plan I. Rev. Martha Ward, representing the Urban Ministry of the United Methodist Church, spoke in support of Plan I. Maxine Scott presented a petition signed by 68 residents in support of Plan I. Jimmie Porter spoke in support of Plan I. He stated that Plan II effectively took away the black representation in the City. Beatrice McKinsey Allen stated that she was bothered that there was no black representation on the Council and therefore no imput on taxation within the City. Moved by Wilharm, seconded by Bowers to receive and place on file the above comments. Motion carried. 81507 - Terry Stevens supported Plan I and stated that Plan II was a conspiracy to divide or dilute the strength of the black vote in Ward IV. Kathy Pierson Moore stated that Plan II was not in the best interest of the City and supported Plan I. Moved by Bowers, seconded by Wilharm to receive and place on file the above comments. Motion carried. 81508 - Councilman Roehr spoke in favor of Plan II. He said the tendency of growth of the community is to the southwest and Plan II would address this growth. Plan I would displace 3,000 persons from their present precinct polling places. Councilman Bowers stated that Plan II was gerrymandering. In response, Councilman Roehr stated that Plan II changes the wards less drastically than Plan I and is more uniform. Moved by Roehr, seconded by Wilharm that "An ordinance dividing the City of Waterloo, Iowa into wards and precincts, and repealing certain ordinances and known as Plan II, be received, placed on file and passed for the first time. Ayes: Roehr, Wilharm, Burton. Nays: Getty, Penaluna, Bowers, Dowie. Motion NOT carried. 81509 - Moved by Bowers, seconded by Getty that "an ordinance dividing the City of Waterloo, Iowa into wards and precincts, and repealing certain ordinances and known as Plan I", be received, placed on file and passed for the first time. Ayes: Getty, Penaluna, Bowers, Dowie. Nays: Roehr, Wilharm, Burton. Motion carried. 81510 - Moved by Getty, seconded by Bowers that proof of publication of notice of public hearing on leasing property to Johnny and Janice Rice on W. 4th Street in connection with the ConWay Plaza Development Project as published in the Waterloo Courier on November 20, 1981, be received and placed on file. Motion carried. 81511 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Burton that "Resolution authorizing and approving the execution of a lease agreement by and between the City of Waterloo, Iowa and Johnny and Janice Rice in connection with the ConWay Plaza Development Project", be adopted. Ayes: Seven. t Resolution adopted and upon approval by Mayor assigned No. 1981-593. December 7, 1981 81512 - Moved by Roehr, seconded by Dowie Page 3 that proof of publication of notice of public hearing on proposal to remove a Dutch Elm diseased tree and levying assessments as published in the Waterloo Courier on November 27, 1981 be received and placed on file. Motion carried. 81513 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Moved by Burton, seconded by Bowers that "Resolution directing the removal of a diseased Dutch Elm tree on the premises at 1714 Locke owned by Paul G. Verbraken with costs to be assessed to said premises", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-594. ORAL PRESENTATIONS Dave Odekirk was introduced as working on a Communication Dynamics merit badge. Denman Phillips asked that the Council delay final payment of the UDAG Public Improvement, Phase I, Section I, Section 1 - Alternate A, and Section 2, and Section 2 - Alternate A, Contract No. 175 to Cedar Falls Construction since he has filed a claim with the City for labor and materials in connection with this project. Jim Lindsey, Assistant Director of Community Development, reported that this payment would be delayed. PETITIONS FROM PUBLIC 81514 - Moved by Burton, seconded by Dowie that communication from City Engineer transmitting request of Metropolitan Transit Authority to approve the construction of storm sewer inlets and concrete paving of West 13th Street from Black Hawk Street northeasterly to the Cedar River at Metropolitan Transit Authority's expense together with recommendation of approval be received, placed on file and construction of said improvements as a part of the renovation and expansion of the Metropolitan Transit Authority be approved. Motion carried. 81515 - Moved by Roehr, seconded by Burton that request of Metropolitan Transit Authority for permission to construct two temporary concrete driveways at West 13th Street, without regard to sidewalk grade together with $3.00 for recording waiver, and City Engineer's recommendation for approval subject to the provisions of his letter be received, placed on file, approved and "Resolution granting permission to Metropolitan Transit Authority, and authorizing construction of two temporary concrete driveways at West 13th Street, irrespective of a later official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-595. 81516 - Moved by Roehr, seconded by Burton that communication from Plan and Program Director transmitting request of Katherine Cross Mosley for the sale and conveyance of property generally located along East Parker Street just east of Virden Creek, be received, placed on file and "Resolution setting date of hearing as December 28, 1981 at 7:00 P.M. in the City Hall Council Chambers on proposal to sell and convey property located along East Parker Street just east of Virden Creek", be adopted and Clerk instructed to publish notice of hearing with minimum bid set as $600.00. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-596. December 7, 1981 UNFINISHED BUSINESS 81517 - Moved by Dowie, seconded by Bowers Page 4 that agreement by and between the City of Waterloo, Iowa and Investment Advisers, Inc. of Minneapolis, Minnesota for investment management services for the City of Waterloo be received, placed on file and "Resolution authorizing and approving the execution of an agreement by and between the City of Waterloo, Iowa and Investment Advisers, Inc. for investment management services for the City of Waterloo", be tabled for two (2) weeks. Motion carried. 81518 - Mayor Rooff stated that on the issue of residency requirements for City employees, he would ask all department heads to set reasonable time requirements for emergency personnel within their department to respond to emergency situations. A recommendation would be brought back for Council consideration. Moved by Penaluna, seconded by Wilharm to receive and file the above remarks. Motion carried. REPORTS 81519 - Moved by Wilharm, seconded by Getty that Finance Director's Statement showing Fund Balance November, 1981, $18,155,389.73 + Revenues $5,453,840.35 - Bill Payments $3,359,221.22 - Payrolls - $1,160,270.16 - Commission Bills $325,560.79 - Transfers $100.00, Fund Balance November 30, 1981 -- $18,764,077.91 be received, placed on file'and approved Motion carried. 81520 - Moved by Burton, seconded by Dowie that City Treasurer's Statement of November, 1981, $18,818,576.63 + Revenues - Property Taxes $3,661,430.88 + Revenues - City Clerk $451,974.52 + Revenues - City Treasurer $1,201,920.84 + Revenues - Transfers $ 163,396.78 - Disbursements $4,748,010.98, Balance on Hand November 30, 1981 -- $19,549.288.67, be received, placed on file and approved. Motion carried. 81521 - Moved by Roehr, seconded by Bowers that City of Waterloo Auditors' Report for year ended June 30, 1981 be received, placed on file and approved. Motion carried. Councilman Dowie asked that the City Clerk begin implementing the recommendations of the report and provide the Council with a status report within sixty (60) days. 81522 - Moved by Bowers, seconded by Wilharm that Waterloo Municipal Airport Auditors' Report for year ended June 30, 1981 be received, placed on file and approved. Motion carried. Councilman Dowie, asked that the City Clerk monitor the Audit recommendations and provide the Council with a status report within sixty (60) days. DOCUMENTS 91523 - Moved by Roehr, seconded by Dowie that preliminary plat of Southland Park Fourth Addition together with Deed of Dedication, report of City Engineer and Plan and Program Commission's recommendation for approval and its recommendation for Council approval, be received, placed on file and "Resolution approving the preliminary plat of Southland Park Fourth Addition, Black Hawk County, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-597. December 7, 1981 DOCUMENTS - CONTINUED 81524 - Moved by Bowers, seconded by Burton Page 5 that preliminary plat of Bill Ramsey Replat of Soppe Addition together with Deed of Dedication, report of City Engineer and Plan and Program Commission's recommendation for approval and its recommendation for Council approval, be received, placed on file and "Resolution approving the preliminary plat of Bill Ramsey Replat of Soppe Addition, Black Hawk County, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-598. 81525 - Moved by Burton, seconded by Bowers that contract, performance bond and certificate of insurance for Contract No. 227, together with recommendation for approval, be received, placed on file and "Resolution approving contract and bond of Hurst Excavating, Inc., Waterloo, Iowa, for Lincoln-Ackermant Area Storm Sewer and Sanitary Sewer Improvements, Stage III, Contract No. 227 in the amount of $175,329.07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-599. ORDINANCES TO BE ADOPTED 81526 - Moved by Roehr, seconded by Penaluna that "An ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by repealing Subsection (130) Howard Street of Section 551, Parking Prohibited at All Times on Certain Streets, in its entirety; and by enacting in lieu thereof a new Subsection (130) Howard Avenue under Section 551; and by adding Subsection (48a) Columbus Drive and Subsection (253a) Shaulis Road to Section 551 be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. 81527 - Moved by Burton, seconded by Bowers that "an ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, by repealing Subsection 2A-3, Definitions, under Part III, in its entirety; and enacting in lieu thereof new Subsection 2A-3, Definitions", be received, placed on,file and passed for the second time. Ayes: Seven. Motion carried. 81528 - Moved by Bowers, seconded by Burton that "an ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, by repealing Subsection 2A-7, General Regulations, under Part V, General Regulations, and enacting in lieu thereof a new Subsection 2A-7, General Regulations", be received, placed on file and passed for the second time. Ayes: Seven. Motion carried. 81529 - The operator of the One Stop Food Mart located at the intersection of U.S. Highway 218 and Cleveland Avenue stated that if Howrey Avenue were closed to truck traffic his business would suffer severely. *His operation is heavily dependent on the sale of diesel fuel. Wendel Lockard said that the embargo would ruin the businesses located within the complex. Councilman Roehr stated that an alternative may be to embargo only a portion of Howrey between J4nney and U.S. Highway 218. Several persons living on that portion of Howrey described above objected to truck traffic due to the damage to the street and danger to children and parked cars. Darlene Sherwood stated that some persons cut through the complex to avoid the stop lights at Cleveland and U.S. Highway 218. �3tt0Dz- December 7, 1981 Page 6 ORDINANCES TO BE ADOPTED - CONTINUED 81529 - Continued. Moved by Wilharm, seconded by Bowers that "an ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Subsection (18a) Howrey Avenue to Section 569, Truck Traffic Prohibited on Certain Streets", be received, placed on file and denied. Ayes: Six. Nays: Roehr. Motion carried. NEW BUSINESS 81530 - Moved by Roehr, seconded by Dowie that communication from Planning Director recommending that a date of hearing be set soliciting public imput for uses of Federal Revenue Sharing be received, placed on file and "Resolution setting date of hearing on soliciting public imput for uses of Federal General Revenue Sharing Funds as December 21, 1981 at 6:30 P.M. in City Hall Council Chambers", be adopted and Clerk instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-600. 81531 - Moved by Dowie, seconded by Burton that communication from Water Pollution Control Plant Superintendent reporting termination of Vincent Hall effective November 27, 1981 and entitlement of 40 hours vacation pay be received, placed on file and "Resolution approving payment of $296.40 vacation pay to Vincent Hall, Water Pollution Control Plant", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-601. MISCELLANEOUS 81532 - Moved by Bowers, seconded by Wilharm that the following request for permission to attend functions, with expenses allowed not to exceed -amounts shown, be received, placed on file and approved: Three Councilmen to attend 1981 Congress of Cities and Exposition, Detroit, Michigan, November 28 - December 2, 1981 -- not to exceed $750.00 each. Motion carried. 81533 - Moved by Wilharm, seconded by Getty that the following applications for Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer and Liquor License Permit Applications Class C Peter Chao dba Yen Ching, 609 Commercial (12/17/82)(Renewal) Richard Penn dba The Enterventure Co., 3555 University Ave.(12/15/82) Larst's Corporation dba Sutter's Mill, 141 Crossroads Cntr.(12/4/83) (Renewal) Manway, Inc dba Lafayette Tap, 615 Lafayette (12/19/82)(Renewal) Beer Permit License Applications Class B Daniel Arthur Smith dba Happy Joe's Pizza & Ice Cream Parlor, 2014 E. Ridgeway (12/15/82)(Renewal) Class C Martin Oil Service, Inc. dba Martin Oil, 325 Franklin St.(1/7/83) Sunday Sales - Beer & Liquor License Permit Application Class C Peter Chao dba Yen Ching, 609 Commercial (12/17/82)(Renewal) Larst's Corporation dba Sutter's Mill, 141 Crossroads Cntr.(12/4/83) (Renewal) December 7, 1981 Page 2 81506 - Rosie Peterson, President of the Black Hawk/Bremer League of Women Voters, read a statement in support of Plan I. Rev. Martha Ward, representing the Urban Ministry of the United Methodist Church, spoke in support of Plan I. Maxine Scott presented a petition signed by 68 residents in support of Plan I. Jimmie Porter spoke in support of Plan I. He stated that Plan II effectively took away the black representation in the City. " Beatrice McKinsey Allen stated that she was bothered that there was no black representation on the Council and therefore no imput on taxation within the City. Moved by Wilharm, seconded by Bowers to receive and place on file the above comments. Motion carried. 81507 - Terry Stevens supported Plan I and stated that Plan II was a conspiracy to divide or dilute the strength of the black vote in Ward IV. Kathy Pierson Moore stated that Plan II was not in the best interest of the City and supported Plan I. Moved by Bowers, seconded by Wilharm to receive and place on file the above comments. Motion carried. 81508 Councilman Roehr spoke in favor of Plan II. He said the tendency of growth of the community is to the southwest and Plan II would address this growth. Plan I would displace 3,000 persons from their present precinct polling places. Councilman Bowers stated that Plan II was gerrymandering. In response, Councilman Roehr stated that Plan II changes the wards less drastically than Plan I and is more uniform. Moved by Roehr, seconded by Wilharm that "An ordinance dividing the City of Waterloo, Iowa into wards and precincts, and repealing certain ordinances and known as Plan II, be received, placed on file and passed for the first time. Ayes: Roehr, Wilharm, Burton. Nays: Getty, Penaluna, Bowers, Dowie. Motion NOT carried. 81509 - Moved by Bowers, seconded by Getty that "an ordinance dividing the City of Waterloo, Iowa into wards and precincts, and repealing certain ordinances and known as Plan I", be received, placed on file and passed for the first time. Ayes: Getty, Penaluna, Bowers, Dowie. Nays: Roehr, Wilharm, Burton. Motion carried. 81510 - Moved by Getty, seconded by Bowers that proof of publication of notice of public hearing on leasing property to Johnny and Janice Rice on W. 4th Street in connection with the ConWay Plaza Development Project as published in the Waterloo Courier on November 20, 1981, be received and placed on file. Motion carried. 81511 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Burton that "Resolution authorizing and approving the execution of a lease agreement by and between the City of Waterloo, Iowa and Johnny and Janice Rice in connection with the ConWay Plaza Development Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-593. y' - r, December 7, 1981 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 December 7, 1981. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Invocation by Councilman Wilharm. 81498 — Moved by Roehr, seconded by Wilharm that the Agenda, as proposed, for the Regular Session of December 7, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 81499'- Moved by Burton, seconded by Bowers that the minutes of the Regular Session held November 23, 1981 at 7:00 P.M. be approved. Motion carried. HEARINGS 81500 - Moved by Dowie, seconded by Wilharm that proof of publication of notice of public hearing on proposal to issue Industrial Revenue Bonds, Series 1981 (Building Partnership Project) as published in the Waterloo Courier on November 13, 1981, be received and placed on file. Motion carried. 81501 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Moved by Roehr, seconded by Burton that "Resolution determining to proceed with the issuance and sale of not to exceed $200,000 Industrial Revenue Bonds, Series 1981 (Building Partnership Project)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-591. 81502 - Moved by Penaluna, seconded by Wilharm that proof of publication of notice of public hearing on proposal to issue Industrial Revenue Bonds, Series 1981 (Professional Office Services, Inc. Project) as published in the Waterloo Courier on November 13, 1981 be received and placed on file. Motion carried. 81503 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Wilharm that "Resolution determining to proceed with the issuance and sale of not to exceed $500,000 Industrial Revenue Bonds, Series 1981 (Professional Office Services, Inc., Project)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-592. 81504 - Moved by Wilharm, seconded by Roehr that proof of publication of notice of public hearing on proposed Redistricting Plan for wards and precincts within the City of Waterloo as published in the Waterloo Courier on November 20, 1981 be received and placed on file. Motion carried. 81505 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections. Moved by Bowers, seconded by Roehr to receive and place on file petitions signed by 200 persons supporting Plan 1, to retain the east side as a ward. Motion carried. December 7, 1981 Page 7 MISCELLANEOUS - CONTINUED 81533 - Continued. Sunday Sales - Beer & Liquor Permit License Application - Continued Manway, Inc dba Lafayette Tap, 615 Lafayette 12/19/82 Renewal Sunday Sales - Beer Permit License Applications Class B Daniel Arthur Smith dba Happy Joe's Pizza & Ice Cream Parlor, 2014 E. Ridgeway (12/15/82)(Renewal) Class C Martin Oil Service, Inc. dba Martin Oil, 325 Franklin St.(1/7/83) (Renewal) Motion carried. 81534 - Moved by Getty, seconded by Bowers that the following application for Massage Business Permit be received, placed on file and approved: Sisal Scrub Salon (Owner: Elizabeth Johnson) 1950 Lafayette Ayes: Six. Nays: Wilharm. Motion carried. 81535 - Moved by Bowers, seconded by Roehr that the following application for Going Out of Business be received, placed on file and approved: Ray V. Mount dba Waterloo Sport Supply, 831 Sycamore St. Motion carried. BONDS 81536 - Moved by Getty, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through December 7, 1981, be received, placed on file and report and bonds approved. Motion carried. 81537 - Moved by Getty, seconded by Bowers that the Council adjourn. Motion carried. Larry P. Burger City Clerk December 7, 1981 The Council of the City of Waterloo, Iowa, met in Special Session in the Mayor's Conference Room, Waterloo, Iowa, at 6:00 p.m., on December 7, 1981. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Wilharm, Bowers, Burton, Dowie, and Roehr. Larry P. Burger, City Clerk,explained the proposed procedures for garbage exemptions (those who do not utilize City garbage services) and low- income rebates. The need for said changes results from the large number of accounts that are exempt from billing, but still receive the City service. He explained that two forms will be utilized: (1) those who wish to be exempt by reason of employing a private hauler or that they haul their own garbage, and (2) those low-income persons (less than $7,000 annual income) eligible for rebate and exemption. Unless persons in either of the above category sign said form, all will be billed for garbage in the future. Any person who desires an exemption at anytime in the calender year may sign up at any point; however, the Clerk's Office will notify the Waterloo Water Works on a monthly basis of said exemptions. Councilman Burton questioned the need for signing up on a monthly basis. It was explained that the signers were eligible to sign up on a monthly basis but once the exemption form is completed, it will remain in affect the remaining portion of the calender year. Exemptions will be effective for one (1) year; at the end of that year a new form will be required to be signed. Councilman Wilharm expressed that the city should consider mandatory billing of all residential units. Mayor Rooff stated that mandatory pickup is in violation of the constitu- tional rights of an individual since a person should be given the op- portunity to select their hauler. Mr. Burger said that extensive publicity will be given to the times in which persons would be able to sign for exemptions/rebate. The proper ordinance changes will be made and brought back to the City Council for final consideration. With no further business before the Council, the meeting was. adjourned at 6:25 p.m. Larry P. Burger City Clerk