HomeMy WebLinkAboutMinutes- 10/10/83.'\
October 10, 1983
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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
10, 1983. Mayor Rooff in the Chair. Roll call: Wilharm, Roehr,
Penaluna, Getty, Bowers, Burton, Dowie.
Invocation by: Wilharm
84788 - Moved by Roehr, seconded by Dowie
that the Agenda, as amended for the Regular Session of
October 10, 1983, at 7:00 p.m., be accepted and approved.
Motion carried.
84789 - Moved by Burton, seconded by Bowers
that the Minutes of the Regular Session held October 3, 1983 at
7:00 p.m., be approved.
Motion carried.
84790 - Mayor Rooff recognized several students from the University of
Northern Iowa studying local government.
Dick King of Brice, Petrides and Associates, Inc., presented a plaque
to Wayne Jacobs, employee of the Waterloo Engineering Office, from
the Iowa Public Works Association for fifteen (15) years of service
to the City. He was congratulated by the Mayor and Council.
HEARINGS
84791 - Moved by Roehr, seconded by Burton
that proof of publication of notice of public hearing to rezone from
"C-1" Commercial District to "M-1" Light Industrial District property
located north of the Illinois Gulf Railroad and U.S. Highway 20 and
between Rooff Avenue and Waterloo Railroad, as published in the
Waterloo Courier on September 2.3, 1983, be received and placed on
file.
Motion carried.
84792 - 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
that "an Ordinance amending Ordinance No. 2479, as amended, Zoning
Ordinance by adding Sub -section No. 208 to Section 2A-5, Rezoning
Certain property", be received, placed on file, passed and considered
for the first time. Ayes: Seven.
Motion carried.
84793 - Moved by Burton, seconded by Roehr
that proof of publication of notice of public hearing to rezone from
"R-2" One and Two Family Residence District to "C -Z" Conditional
Zoning District a parcel located at the northeasterly corner of
Orange Grove and Campbell Avenue --Bob Molstead, as published in the
Waterloo Courier on September 23, 1983, be received and placed on
file.
Motion carried.
October 10, 1983
HEARINGS CONTINUED
Page Two
84794 - HOLD HEARING --This being the time and place for public hearing the
Mayor called for written and oral objections.
Moved by Roehr, seconded by Dowie
that the petitions of support be received and placed on file.
Motion carried.
84795 - Moved by Getty, seconded by Wilharm
that "an Ordinance amending Ordinance No. 2479, as amended, Zoning
Ordinance by adding Sub -section No. 206 to Section 2A-5, Rezoning
Certain Property", be received, placed on file, passed and considered
for the first time. Ayes: Seven.
Motion carried.
84796 - Moved by Roehr, seconded by Burton
that rules requiring ordinances to be considered and voted for
passage at two prior meetings, be suspended, and that below 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.
84797 - Moved by Wilharm, seconded by Bowers
that "an Ordinance amending Ordinance No. 2479, as amended, Zoning
Ordinance by adding Sub -section No. 206 to Section 2A-5, Rezoning
Certain Property", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3305.
84798 - Moved by Dowie, seconded by Wilharm
that proof of publication of notice of public hearing to rezone from
"C-1 Commercial District to "C-2" Commercial District property
located at the northeast corner of Ansborough Avenue and Black Hawk
Road for Shriver Enterprises, Inc., as published in the Waterloo
Courier on September 23, 1983, be received and placed on file.
Motion carried.
84799 - HOLD HEARING --This being the time and place for public hearing the
Mayor called for written and oral objections.
Moved by Penaluna, seconded by Burton
that objections of 649 of the residents lying within 200 feet of the
request be received and placed on file.
Motion carried.
84800 - Moved by Penaluna, seconded by none
that "an Ordinance amending Ordinance No. 2479, as amended, Zoning
Ordinance by adding Sub -section No. 207 to Section 2A-5, Rezoning
Certain Property", be received, placed on file, passed and considered
for the first time.
Motion denied for lack of Second.
October 10, 1983 Page Three
HEARINGS CONTINUED
84801 - Councilman Roehr offered the following motion based on the adverse
affect increased traffic may have on the surrounding residential
areas.
Moved by Roehr, seconded by Wilharm
that "an Ordinance amending Ordinance No. 2479, as amended Zoning
Ordinance by adding Sub -section No. 207 to Section 2A-5, Rezoning
Certain Property", be denied. Ayes: Seven.
Motion carried.
84802 - Moved by Bowers, seconded by Burton
that proof of publication of notice of public hearing to rezone from
"C-1 Commercial District to "M-1" Light Industrial District property
located between Logan Avenue and U.S. Highway 63 and south of
Illinois Central Gulf Railroad --Harold Truax as published in the
Waterloo Courier on September 23, 1983, be received and placed on
file.
Motion carried.
84803 - 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 Burton, seconded by Wilharm
that "an Ordinance amending Ordinance No. 2479, as amended, Zoning
Ordinance, by adding Sub -section No. 207 to Section 2A-5, Rezoning
Certain Property", be received, placed on file, passed and considered
for the first time. Ayes: Seven.
Motion carried.
84804 - Moved by Roehr, seconded by Wilharm
that rules requiring ordinances to be considered and voted for
passage at two prior meetings, be suspended, and that below ordinance
be recorded as having been considered and passed for the second and
third times and now placed on its final adoption. Ayes: Six. Nays:
Getty.
Motion carried.
84805 - Moved by Wilharm, seconded by Bowers
that "an Ordinance amending Ordinance No. 2479, as amended, Zoning
Ordinance by adding Sub -section No. 207 to Section 2A-5, Rezoning
Certain Property", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3306.
84806 - Moved by Burton, seconded by Bowers
that proof of publication of notice of public hearing to vacate
easement over alley between W. 5th and W. 6th Streets and between
Wellington and Grant Streets --Boyd Voshell, as published in the
Waterloo Courier on September 23, 1983, be received and placed on
file.
Motion carried.
October 10, 1983
HEARINGS CONTINUED
Page Four
84807 - HOLD HEARING --This being the time and place of hearing the Mayor
called for written and oral objections. There were none.
Moved by Wilharm, seconded by Burton
that "an Ordinance vacating easement over alley between W. 5th and W.
6th Streets and between Wellington and Grant Streets --Boyd Voshell",
be received, placed on file, considered and passed for the first
time. Ayes: Seven.
Motion carried.
84808 - Moved by Burton, seconded by Dowie
that rules requiring ordinances to be considered and voted for
passage at two prior meetings, be suspended, and that below 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.
84809 - Moved by Penaluna, seconded by Roehr
that "an Ordinance vacating easement over alley between W. 5th and W.
6th Streets and between Wellington and Grant Streets", be adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3307.
84810 - Moved by Wilharm, seconded by Roehr
that proof of publication of notice of public hearing for site plan
amendment for Payless Cashways, Inc., generally located at the corner
of U.S. Highway 63 and Ridgeway Avenue, as published in the Waterloo
Courier on September 23, 1983, be received and placed on file.
Motion carried.
84811 - 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 Burton, seconded by Bowers
that "Resolution approving site plan amendment for Payless Cashways,
Inc., generally located at southwest corner of U.S. Highway 63 and
Ridgeway Avenue", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-499.
ORAL PRESENTATIONS
84812 - Mr. Tom Hall, asked that the City take action to remove the
cabs from the streets due to the appearance of their vehicles.
Moved by Roehr, seconded by Burton
that the above matter be referred to the City Attorney and
Health/Sanitation for review and recommendation.
Motion carried.
October 10, 1983
ORAL PRESENTATIONS CONTINUED
Page Five
84813 - Councilman Penaluna of the Reorganization and Evaluation Committee
presented the following recommendations for changes in range:
Position
Employee
Range
Pay
Fire Marshall
Gene -F`o�ne
17 to �18
$25087—to
$26296
Print Shop Supt.
Pat Kohlmeyer
4 to 7
$19053 to
$20346
Contract/Purchase
Officer
Charles Marbles
5 to 6
$16954 to
$18189
Budget Analyst
Bruce Meisinger
1 to 3
$16249 to
$17780
Assoc. Planner
John McCool
1 to 3
$16249 to
$17780
and that the Park Board membership be increased from three (3) to
five (5) members.
Moved by Penaluna, seconded by Getty
that the above recommendation be received, placed on file, and
referred to the Council agenda of October 17, 1983 for further
review.
Motion carried.
84814 - Councilman Bowers recommended that relocated Highway 218 be named
"Leo P. Rooff Expressway" at the appropriate time.
Moved by Bowers, seconded by Wilharm
that the above remarks be received, placed on file, and approved.
Motion carried.
PETITIONS FROM PUBLIC
84815 - Moved by Wilharm, seconded by Burton
that request of University Motors to use City owned property at the
southeast corner of S. Hackett Road and University Avenue for
inflating and tethering Hot Air Balloons for special occasions,
together with recommendation of Planning and Programming, be
received, placed on file and approved subject to the signing of a
hold harmless agreement between said parties.
Motion carried.
84816 - Moved by Roehr, seconded by Bowers
that request to vacate a portion of DeWitt Road which intersects the
proposed alignment of relocated Highway 20 together with
recommendation of Planning, Programming and Zoning be received,
placed on file, and "Resolution setting date of hearing as November
7, 1983 at 7:00 p.m., in the City Hall Council Chambers on above
described request", be adopted and Clerk/Auditor instructed to
publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-500
October 10, 1983 Page Six
UNFINISHED BUSINESS
84817 - Moved by Dowie, seconded by Burton
that communication from City Engineer transmitting recommendation of
award of contract for the F.Y. 1984 Street Drainage Program, Contract
No. 260 to Lehman Trucking and Excavating, Inc., in the amount of
$164,509.05 be received, placed on file, and "Resolution awarding
said contract to Lehman Trucking and Excavating, Inc.", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-501.
REPORTS
84818 - Moved by Wilharm, seconded by Burton
that communication from Transportation Program Manager transmitting
rankings for second group of 29 projects in conjunction with the
Interstate Substitution Program together with request to begin
negotiations with the Iowa Department of Transportation for design
contracts be received, placed on file, and "Resolution approving
said rankings and negotiation with Iowa Department of Transportation
for design contracts for said projects", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-502.
84819 - Moved by Wilharm, seconded by Bowers
that the 1983 Annual Report of the Waterloo Fire Department be
received and placed on file.
Motion carried.
84820 - Moved by Bowers, seconded by Burton
that Auditor's Statement for September, 1983, be received and
placed on file.
Motion carried.
84821 - Moved by Dowie, seconded by Getty
that communication from Clerk/Auditor transmitting recommendation on
award of F.Y. 1983 Audit of City's Financial Records to Carney,
Alexander, Marold, Inc., in the amount of $57,200 be received, placed
on file and action tabled for one (1) week.
Motion carried.
DOCUMENTS
84822 - Moved by Roehr, seconded by Bowers
that communication from City Engineer transmitting Recommendation of
Acceptance for F.Y. 1983 LaPorte Road to Ridgeway Avenue Off -Ramp,
Contract No. 252 of Tom Dolan Cement Contractor be received, placed
on file and "Resolution approving said report", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-503.
October 10, 1983
DOCUMENTS
84823 - Moved by Roehr, seconded by Bowers
Page Seven
that Agreement with Iowa Department of Transportation for use of
Burton Avenue and Parker Street for short term detour route in
conjunction with railroad crossing repair along Highway 20 between
Grandview and Burton Avenue, together with recommendation of City
Engineer, be received, placed on file, and "Resolution approving said
agreement", be adopted and Mayor and Clerk/Auditor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-504.
84824 - Moved by Roehr, seconded by Bowers
that contract, bonds, and certificate of insurance from Lehman
Trucking and Excavating, Inc., for the F.Y. 1984 Lafayette Street
Sanitary Sewer Extension, Contract No. 259, together with
recommendation of approval of City Engineer be received, placed on
file, and "Resolution approving said documents", be adopted and Mayor
and Clerk/Auditor instructed to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-505.
82825 - Moved by Roehr, seconded by Bowers
that communication from Mayor Leo P. Rooff transmitting an Agreement
between Rath Packing and City of Waterloo on deferrment of principal
amount of loan repayment, be received, placed on file, and
"Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-506.
RESOLUTIONS TO BE ADOPTED
84826 - Moved by Dowie, seconded by Burton
that "Resolution authorizing the cancellation of certain paving
assessments in conjunction with the F.Y. 1983 Paving Program, Section
I, Contract No. 234 for property owned by the Iowa Department of
Transportation", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-507.
84827 - Moved by Roehr, seconded by Penaluna
that "Resolution authorizing the execution of Memorandum of Agreement
with Chamberlain Mfg., Corp., for the issuance of Industrial Revenue
Bonds Series 1983", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-508.
84828 - Moved by Bowers, seconded by Getty
that "Resolution fixing date for hearing on proposed Industrial
Development Bonds Series 1983, for Chamberlain Mfg., Corp., Project
in an amount not to exceed $2,000,000.00", be adopted with hearing
setting as November 7, 1983 at 7:00 p.m. in the City Hall Council
Chambers and Clerk/Auditor instructed to publish notice of hearing
accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-509.
October 10, 1983 Page Eight
RESOLUTIONS TO BE ADOPTED CONTINUED
84829 - Moved by Wilharm, seconded by Roehr
that "Resolution accepting and approving temporary easement from
Brinkley's Square Owner's Association for relocation of existing
private sanitary sewer in connection with the Sixth Street Bridge
Construction", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-510.
84830 - Moved by Bowers, seconded by Burton
that "Resolution accepting and approving certain offers to sell real
property to the City and accepting and approving certain deeds from
Gene and Shirley Fitz in conjunction with the Blowers Creek Flood
Control", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-511.
84831 - Moved by Roehr, seconded by Wilharm
that "Resolution rescinding Resolution No. 1983-497 setting date of
hearing on taking bids for the East Park Avenue Parking Facility,
Contract No. 251 and Resolution ordering bids, approving plans,
specifications and form of contract and notice to bidders, fixing
amount of bid security, and order Clerk/Auditor to publish hearing on
plans, specifications, of hearing and receiving bids", be adopted,
and Clerk/Auditor instructed to publish notice of hearing as November
7, 1983 at 7:00 p.m. in the City Hall Council Chambers. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-512.
ORDINANCES TO BE ADOPTED
84832 - Moved by Roehr, seconded by Burton
that an "Ordinance establishing the saTary of the Mayor of the City
of Waterloo, Iowa, and repealing Ordinance No. 3165", be received,
placed on file, considered and pass for the first time. Ayes:
Wilharm, Roehr, Bowers, Burton. Nays: Penaluna, Getty and Dowie.
Motion carried.
84833 - Moved by Wilharm, seconded by Roehr
that rules requiring ordinances to be considered and voted for
passage at two prior meetings, be suspended, and that below ordinance
be recorded as having been considered and passed for the second and
third times and now placed on its final adoption. Ayes: Wilharm,
Roehr, Getty, Bowers. Nays: Penaluna, Burton, Dowie.
Motion not carried.
84834 - Moved by Wilharm, seconded by Burton
that an "Ordinance fixing the compensation of Council members of the
City of Waterloo, Iowa, and repealing Ordinance No. 3166 be received,
placed on file, considered and passed for the first time. Ayes:
Seven.
Motion carried.
-1 �
October 10, 1983 Page Nine
ORDINANCES TO BE ADOPTED CONTINUED
84835 - Moved by Wilharm, seconded by Dowie
that rules requiring ordinances to be considered and voted for
passage at two prior meetings, be suspended, and that below 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.
84836 - Moved by Bowers, seconded by Burton
that an "Ordinance fixing the compensation of Council members of the
City of Waterloo, Iowa, and repealing Ordinance No. 3166", be
adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3308.
BILLS PAYMENT
84837 - Moved by Dowie, seconded by Wilharm
that "Bills, Resolution Schedule A and B", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-513.
84838 - Moved by Wilharm, seconded by Burton
that "Resolution approving the following pay estimates for amounts
shown together with recommendation of approval":
Intercity Interceptor, Stage I, FY 1983 Orange Grove Trunk Sewer
Contract No. 247
Pay Estimate No. 8 to Lamefti Sons, Inc., --$148,393.00.
FY. 1984 LaPorte Road to Ridgeway Avenue Off -Ramp, Con. No. 252
Pay Estimate No. l _(Fi_n_aT) Tom Dolan Concrete Contractor—
$15,267.85
FY. 1984 Street Pavement Mudjacking Program, Con. No. 258 _
Pay Estimate No. 1 Ernster & Company, Inc.--$32,152.28`—
FY. 1984 Paving Program, Contract No. 250
ay stimate No. 1 Cedar Valley orporation--$70,506.99
Deere Road Corridor, Project #CP -000-1227, Con. # 20344
Pay Estimate Nos. 1 and 2 City 8f Cedar Falls--$26,455.7
Sixth Street Bridge, Contract No. 215
Pay Estimate No.Iappere Engineering o.,-- ,5 �.7$r�`-`
FY. 1984 Maywood Area Paving, Contract No. 256
Pay Estimate No. 1 Rohlin Construction Co., Inc., --$8,248.09", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-514.
October 10, 1983
NEW BUSINESS
84839 - Moved by Burton, seconded by Roehr
Page Ten
tht communication from the Recreation Commission transmitting the
recommendation on appointment of Secretary for Sports Office Complex
be received, placed on file and tabled for one (1) week.
Motion carried.
84840 - Moved by Wilharm, seconded by Roehr
that communication from Mayor Leo P. Rooff transmitting
recommendation on reappointment of Donna Nelson, James Walker, Milt
Roth, Rowland Sverdahl, with term expiration of October 13, 1987 to
the Waterloo Redevelopment Authority be received, placed on file and
approved.
Motion carried.
84841 - Moved by Burton, seconded by Bowers
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
Lt. Spec. Inspector to attend Fire Inspector's Conference, Des
Moines, Iowa, October 19-21, 1983 cost not to exceed $130.00 plus
use of City vehicle.
Chief of Police, Ass't Chief, and Lieutenant to attend Symposium on
Racing, Des Moines, Iowa, November 2-3, 1983, cost not to exceed
$545.00 plus use of City vehicle.
Budget Analyst to attend Computers and Data Processing Seminar,
University of Nebraska at Omaha, October 19 and 20, 1983 cost not
to exceed $100.00 plus use of City vehicle.
Motion carried.
MISCELLANEOUS
84842 - 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
Class
Theresa A. Spencer dba Tic Toc, 914 Sycamore Street (Renewal)
(Expires 10/1/84)
Beer and Wine License Permit Application
Co -An, Inc., d a Captain's Pub, 201 W-.—T8th Street, (New)
also Sunday sales
Motion carried.
84843 - Moved by Bowers, seconded by Wilharm
that the following application for license to paint signs be
received, placed on file and approved:
Terry John Williams 700 West Ridgeway, Lot 620
Motion carried.
October 10, 1983
MISCELLANEOUS CONTINUED
Page Eleven
84844 - Moved by Bowers, seconded by Getty
that an application for cigarette license permit be received, placed
on file and approved.
Motion carried.
BONDS
84845 - Moved by Bowers, seconded by Roehr
that the report of City Attorney and list of bonds filed with Clerk
through October 10, 1983 subject to various amendments be received,
placed on file and report and bonds approved.
Motion carried.
ADJOURNMENT
84846 - Moved by Burton, seconded by Dowie
that the Council adjourn.
Motion carried.
Larry P. Burger, City Clerk/Auditor