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October 24, 198,
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 October
24, 1983. Mayor Rooff in the Chair. Roll call: Getty, Penaluna,
Wilharm, Roehr, Dowie, Burton, Bowers.
Invocation by: Bowers
84882 - Moved by Roehr, seconded by Burton
that the Agenda, as amended for the Regular Session of October 24,
1983 at 7:00 p.m., be accepted and approved.
Motion carried.
84883 - Moved by Burton, seconded by Bowers
that the Minutes of the Regular Session held October 17, 1983 at
7:00 p.m., be approved.
Motion carried.
HEARINGS
84884 - Moved by Bowers, seconded by Burton
that proof of publication of notice of public hearing on the issuance
of Industrial Development Revenue Bonds (Waterloo Civic Center Hotel
Company), not to exceed $10,000,000, as published in the Waterloo
Courier on October 7, 1983 be received and placed on file.
Motion carried.
84885 - HOLD HEARING --This being the time and place for public hearing the
Mayor called for written and oral objections and there were none.
Mayor Rooff reported that he wished to review the City's contract
with the hotel prior to authorization to proceed with the issuance.
Moved by Wilharm, seconded by Penaluna
that said hearing be adjourned until November 7, 1983 at 7:00 p.m. in
the City Hall Council Chambers.
Motion carried.
84886 - Moved by Roehr, seconded by Wilharm
that proof of publication of notice of public hearing on changing
the size of the Board of Park Commissioners from 3 members to 5
members as published in the Waterloo Courier on October 18, 1983 be
received and placed on file.
Motion carried.
84887- HOLD HEARING --This being the time and place for public hearing the
Mayor called for written and oral objections and there were none.
Moved by Wilharm, seconded by Bowers
an "Ordinance amending the Code of Ordinances of the City of
Waterloo, Iowa, by repealing Section 2-192 (Creation; Purpose);
Subsections (1), (3) and (5) of Section 2-193 (Board Organization);
Section 2-194 (Powers and duties of the Board); Subsection (2) of
Section 2-195 (Control and Disbursement of Funds); and Section
2-195.1 (Record of Proceedings and Annual Report of Division 4,
Board of Park Commissioners, of Chapter 2, Administration; and
by enacting in lieu thereof new Section 2-192 (Creation; Purpose);
Subsections (1), (3) and (5) of Section 2-193 (Board Organization);
Section 2-194 (Powers and duties of the Board); Subsection (2) of
Section 2-195 (Control and Disbursement of Funds); and Section
2-195.1 (Record of Proceedings and Annual Report) of Division 4,
Board of Park Commissioners, of Chapter 2, Administration," be
received, filed, considered and passed for the first time. Ayes:
Seven.
Motion carried.
October 24, 1983
ORAL PRESENTATIONS
Page Two
84888 - Virginia Moore asked that an adult patrol be utilized in the area
of W. 11th and Jefferson and W. 11th and Washington. She relayed an
accident on October 19, 1983 which involved her child being struck.
Moved by Bowers, seconded by Burton
that the above remarks be received, placed on file, and referred to
the Police Department for review and recommendation.
Motion carried.
84889 - Mike Summerhayes, representing the Pattern Makers Labor Union,
requested use of city right-of-way for parking cars at E. 7th and
Mulberry in conjunction with a strike at K & P Pattern.
Moved by Roehr, seconded by Dowie
that the above request be received, placed on file, request
approved, subject to the signing of an indemnity agreement by and
between both parties.
Motion carried.
UNFINISHED BUSINESS
84890 - Moved by Penaluna, seconded by Roehr
that communication from City Engineer transmitting award of
contract for F.Y. 1983 Highway 63 Pumping Station, Intercity
Interceptor, Stage II, Contract No. 248 to Jens Olsen & Sons in the
amount of $926,925.90 be received, placed on file and "Resolution
awarding contract for the F.Y. 1983 Highway 63 Pumping Station,
Intercity Interceptor, Stage II, Contract No. 248 to Jens Olesen and
Sons", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-529.
DOCUMENTS
84891 - Dennis Parmenter, attorney representing Local 1127, expressed his
clients concerns for the adoption of a policy on consumption/use of
intoxicants on the basis that: 1) it should be negotiated as a part
of the collective bargaining process, 2) that Section .03 -Penalties
was too stiff.
Mayor Rooff stated that he encouraged the Council's adoption of the
policy and that management should exercise its right to force an
alcoholic employee to take treatment and discuss it with he/she
should they refuse.
City Attorney W. David Tyler reported that all collective bargaining
units of the City had been given adequate time to review the
proposals. After meeting with Mr. Parmenter, Mr. Tyler presented
mutually agreeable amendments.
October 24, 1983 Page Three
DOCUMENTS CONTINUED
84891 - Moved by Dowie, seconded by Wilharm
cont
that communication from City Attorney's Office transmitting the
proposed policy on consumption/use of intoxicants before and/or
during duty hours be received, placed on file and "Resolution
approving report, as amended", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-530.
84892 - Moved by Penaluna, seconded by Bowers
that communication from City Engineer transmitting Change Order No.
1 for increase of $12,000.00 and Change Order No. 2 for increase of
$15,697.50 for Sixth Street Bridge, Contract No. 215--Shappert
Engineering Company, together with recommendation of approval be
received, placed on file and approved and Mayor and Clerk/Auditor
instructed to execute same.
Motion carried.
84893 - Moved by Roehr, seconded by Wilharm
that communication from City Engineer transmitting Change Order No.
1 for increase of $7,000.00 for F.Y. 1983 Park Avenue Bridge Repairs
and Painting, Contract No. 240 --Waterloo Construction Company, Inc.,
together with recommendation of approval be received, placed on file
and approved and Mayor and Clerk/Auditor instructed to execute
same.
Motion carried.
84894 - Moved by Wilharm, seconded by Bowers
that communication from Water Pollution Control Plant Superintendent
transmitting Design Contract with Brice, Petrides, and Associates,
Inc., for footings and reerection of Sewer Department Building at
the Water Pollution Control Plant, be received, placed on file
and "Resolution authorizing execution of said agreement", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-531.
84895 - Moved by Roehr, seconded by Wilharm
that communication from Transportation Program Manager transmitting
the proposed agreement between the City of Waterloo and the Iowa
Department of Transportation extending the southern terminous of a
previously approved project on Ansborough Avenue from Ridgeway to San
MarnanDrive, be received, placed on file, approved and "Resolution
authorizing execution of said agreement", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-532.
RESOLUTIONS TO BE ADOPTED
84896 - Moved by Wilharm, seconded by Bowers
that "Resolution accepting and approving certain offers to sell real
property to the City and accepting and approving certain deeds --
Morris Feldman and G & N Partnership in conjunction with the East
Side Parking Facility", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-533.
84897 - Moved by Wilharm, seconded by Roehr
that "Resolution authorizing and providing for the issuance of
$12,000.00 aggregate principal amount of Hospital Facility Revenue
Bonds, Series 1983 (Allen Memorial Hospital Proejct), of the City of
Waterloo, Iowa", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-534.
October 24, 1983 Page Four
RESOLUTIONS TO BE ADOPTED CONTINUED
84898 - Moved by Bowers, seconded by Wilharm
that "Resolutjon declaring a need for the inclusion of certain land
within the boundaries of an urban renewal plan of the City of
Evansale, Iowa", be adopted. Ayes: Seven.
Resoluton adopted and upon approval by Mayor assigned No. 1983-535.
84899 - Moved by Wilharm, seconded by Roehr
that "Resolution authorizing the approval for the City of Evansdale
for a voluntary severance for parcel located on the corner of U.S.
Highway 20 and Evans Road", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-536.
ORDINANCES TO BE ADOPTED
84900 - Moved by Burton, seconded by Dowie
that "Ordinance amending City Ordinance No. 1971 --Heating
Ordinance-- of Waterloo, Iowa, as amended, by repealing on its
entirety Subsection 4 of Section 203 of Article III "Issuance of
Certificate of Competency" and enacting in lieu thereof a new
Subsection 4 of Section 203 "Issuance of Certificate of Competency"",
be received, filed, considered and passed for the first time. Ayes:
Seven.
Motion carried.
85901 - Moved by Wilharm, seconded by Getty
that an "Ordinance establishing the salary of the Mayor of the City
of Waterloo, Iowa, and repealing Ordinance No. 3165 be received,
placed on file, considered and passed for the third time. Ayes: Five.
Nays: Penaluna and Dowie.
Motion carried.
85902 - Moved by Getty, seconded by Burton
that an "Ordinance establishing the salary of the Mayor of the
City of Waterloo, Iowa, and repealing Ordinance No. 3165", be
adopted. Ayes: Five. Nayes: Penaluna and Dowie.
Ordinance adopted and upon approval by Mayor assigned No. 3310.
BILLS PAYMENTS
85903 - Moved by Dowie, seconded by Burton
that "Bills, Resolution Schedule All, be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-537.
October 24, 1983 Page Five
BILLS PAYMENTS CONTINUED
84904 - Moved by Dowie, seconded by Burton
that "Resolution approving the following overpayment together
with recommendation of approval:
F.Y. 1982 San Marnan at Sears Street 7 Penney's Street Improvement
U -Step Project No: UST -412-1(3)--4A-07, Contract No. 230,
Reimbursement of overpayment to the Iowa Department of Transportation
--$2,474.87", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-538.
84905 - Moved by Dowie, seconded by Burton
that "Resolution approving the following pay estimates for amounts
shown together with recommendation of approval:
F.Y. 1983 Conway Vicinity Parking Ramp, Contract No. 241
ay estimate No. 12, Cardinal Construction--
F.Y. 1983 Park Avenue Bridge Painting and Repair, Contract No. 240
Pay estimate No. 2, Waterloo Construction Co. --$95,66-7-79-777e
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-539.
NEW BUSINESS
84906 - Moved by Wilharm, seconded by Dowie
that communication from Civil Service Commission transmitting the
following certified list for Secretary II Betty Murphy and Vickie
Jackson, be received and placed on file.
Motion carried.
84907 - Moved by Getty, seconded by Wilharm
that communication from Mayor Leo P. Rooff transmitting
recommendation on the appointment of Dr. Charles L. Means to the
Planning, Programming and Zoning Commission with a term expiration of
February 7, 1985, be received, placed on file, and approved.
Motion carried.
84908 - Moved by Getty, seconded by Wilharm
that communication from Mayor Leo P. Rooff transmitting
recommendation on the appointment of Nancy Shirey to the Waterloo
Redevelopment Authority with a term expiration of October 13, 1987,
be received, placed on file, and approved.
Motion carried.
84909 - Moved by Burton, seconded by Dowie
that communication from Waterloo Water Works Board transmitting their
Resolution adopted October 12, 1983 regarding stoppage of flow of
water and to prevent further damage at 112 East Parker Street,
together with statement of cost in the amount of $725.00 and waiver
from Clarence Simpson, owner, in compliance with City Ordinance No.
1118, be received, placed on file, and "Resolution making assessment
for stoppage of flow of water and prevention of further damage at 112
Parker Street", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-540.
-'IN
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October 24, 1983 Page Six
NEW BUSINESS CONTINUED
84910 - Moved by Roehr, seconded by Burton
that the following requests for permission to attend functions with
expenses not to exceed amounts shown, be received, placed on file and
approved:
Attend Functions
Fire Insp. Lt. Spec. to attend Fire Prevention Specialist One,
Emmitsburg, Maryland, December 5-16, 1983 cost not to exceed
$132.00.
Police Officers to attend Criminal Intelligence Techniques Training,
November 14-18, 1983 Minneapolis, Minn., cost not to exceed $472.36
plus use of City vehicle.
Fire Chief to attend Iowa Association of Professional Fire Chiefs
Fall Meeting, Ames, Iowa, October 26-27, 1983, cost not to exceed
$100.00 plus use of City vehicle.
Motion carried.
MISCELLANEOUS
84911 - Moved by Wilharm, seconded by Bowers
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 Application plus Sunday Sales
Class
TFie a Trick Lounge, 425 Washington Street,
(New owner -old location) (Expires 11/1/84)
El Charro, 302 W. 4th, (Renewal) (Expires 11/9/84)
Z's Seven Seas Lounge, 3927-3937 W. Airline Hwy, (Renewal) (Expires
11/1/84)
Supervisor's Club, 3265 DeWitt Road, (Renewal) (Expires 11/10/84)
Beer License Permit Application plus Sunday Sales
Class
etc er-Imperial Oil Company of Iowa, 1224 Franklin Street, (Renewal)
(Expires 11/20/84)
Revco Discount Drug Centers of Iowa, Inc., 2068 Logan Avenue,
(Renewal) (Expires 12/11/84)
Cedar Falls Oil Co., dba Holiday Stationstore #207, 1602 LaPorte Road
(Renewal) (Expires 11/1/84)
Motion carried.
84912 - Moved by Getty, seconded by Roehr
that one (1) new application for Cigarette License be received,
placed on file and approved.
Motion carried.
October 24, 1983
BONDS
84913 - Moved by Dowie, seconded by Burton
io
Page Seven
that the report of City Attorney and list of bonds filed with Clerk
through October 24, 1983 be received, placed on file and report and
bonds approved.
Motion carried.
84914 - Moved by Wilharm, seconded by Roehr
that the Council adjourn, to the Board of Health.
Motion carried.
BOARD OF HEALTH
The Council of the Waterloo, Iowa, met as the Board of Health at City
Hall Council Chambers, Waterloo, Iowa on October 24, 1983 at 7:30
p.m. Mayor Leo P. Rooff in the Chair. Roll Call: Getty, Penaluna,
Roehr, Wilharm, Dowie, Burton and Bowers.
84915 - Bill Hoffman, Director of Health and Sanitation reported that a
change in State licensing requirements of Mobile Home Parks will
necessitate a change in the City's application approval process.
Moved by Getty, seconded by Wilharm
that the above report be received, placed on file, and referred to
the City Attorney for further review.
Motion carried.
84916 - Moved by Bowers, seconded by Roehr
that the Council adjourn.
Motion carried.
Larry P. Burger
Clerk/Auditor