HomeMy WebLinkAbout06/13/83June 13, 1983
_"N
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 June 13,
1983. Mayor Rooff in the Chair. Roll Call: Getty, Penaluna, Roehr,
Dowie, Burton, Bowers. Absent: Wilharm.
Invocation by: Bowers
84155 - Moved by Roehr, seconded by Burton
that the Agenda, as amended for the Regular Session of June 13, 1983,
at 7:00 p.m., be accepted and approved.
Motion carried.
84156 - Larry P. Burger, Clerk/Auditor reported a correction in the Minutes
of June 6, 1983. The correction should read as follows:
84109 - The use of Community Development Block Grant Funds in
conjunction with the Federal Emergency Jobs Bills was brought to the
floor for discussion.
Mayor Leo P. Rooff recommended that the $25,000 programmed for use by
the People's Community Clinic for establishment of an in-house
pharmacy be transferred to the line item entitled
"Demolition -Downtown".
Ron Kemp, Director of the People's Community Health Clinic, supported
the use of these funds for the pharmacy.
Jim Walker, Chairman of the Waterloo Redevelopment Authority,
reported that the owner of the building scheduled for demolition (the
former Brown Owl Building and the buildings adjacent to Newton
Jewelry, on E. 4th Street) had agreed to put a lien against the
property until such time as the building is sold, with the money to
be returned to the City.
Phil Coontz, owner of the Evansdale Pharmacy opposed the use of tax
payer dollars for the proposed pharmacy.
Moved by Burton, seconded by Penaluna
that $25,000 be eliminated from the line -item "Peoples Community
Health Clinic Funds for Equipment & Inventory to establish an
In -House Pharmacy" and transferred to the line -item
"Demolition -Downtown", be received, placed on file and approved.
Ayes: Getty, Penaluna, Dowie, Burton. Nayes: Roehr, Bowers. Absent:
Wilharm.
Motion carried.
84109A - Moved by Getty, seconded by Dowie
that "Resolution approving the preparation and submission of a
statement of Community Development objectives and projected use of
funds to the Department of Housing and Urban Development for Federal
Assistance under the Community Development Block Grant Jobs Bill
Program", be adopted. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-193.
June 13, 1983 Page Two
Moved by Burton, seconded by Bowers
that the Minutes of the Regular Session held June 6, 1983 at 7:00
p.m., as amended, be approved.
Motion carried.
HEARINGS
84157 - Moved by Roehr, seconded by Getty
that proof of publication of notice of public hearing on proposed
Resolution of Necessity for the FY 1984 Oiling Program, Contract No.
249 as published in the Waterloo Courier on May 25, 1983 be received
and placed on file.
Motion carried.
84158 - HOLD HEARING --This being the time and place of hearing the Mayor
called for written and oral objections.
Moved by Bowers, seconded by Dowie
that all written objections be received and placed on file.
Motion carried.
84159 - Dan Sarkisa, 1218 Bauch Street, reported that the oil on Bauch Street
would damage cars. He spoke against the proposal.
Bonnie Davis, 1122 Stratford. Avenue suggested oiling a graveled area
of the park to help rectify the dust problem.
David Tjaden, 1348 Jersey Lane, suggested a surfacing similar to
the Cedar Terrace area, as an alternative to the high cost of
oiling.
A resident of Jersey Lane stated that the petition he signed was for
paving, not oiling.
A resident of Ashland Avenue opposed the oiling project.
Moved by Getty, seconded by Dowie
that the following streets and alleys be removed from the FY 1984
Oiling Program, Contract No. 249:
1) Brees Street from Kothe Avenue to Grandview Avenue
2) Midland Street from Burton Avenue to 175 ft. west
3) Milton Street from Lafayette Street to Blowers Avenue
4) alley between Ash & Beech from Webster to Newell
Motion carried.
84160 - Moved by Burton, seconded by Dowie
that the following streets be approved as a part of the FY 1984
Oiling Program, Contract No. 249:
Acorn Lane, 3800 —4000 Blks Midway Drive to Progress Ave.
'\
-'N'
June 13, 1983 Page Three
HEARINGS CONTINUED
Albany St. 600 blk from Lewis St. to Phillips St.
Albany St. 400 blk from Linden Ave. to W.F.G. & N.R.R.
Allen St. 1100 blk from Williston Ave. to Pleasant St.
Ashland Ave., 1900-2000 blk from Donald St. to Midland St.
Bauch St. 1100, 1200 blks from Maxwell St. to Aladdin St.
Bertch Ave., 1700 blk from Minnesota Ave. to Ohio St.
Bowers St. 1500 blk from Hallowell Rd. to Starr Dr.
Fowler St. 700 blk from Rhey St., to Linden Ave.
Phillips St., 100 blk from Albany to South to R.R.
Pleasant St., 500 blk from W. Sixth St to W. Seventh St.
Polk St., 300 blk from Arizona St., to Idaho St.
Smith St., 800 blk from Mohawk St. to west 150 feet
Stratford Ave., 1100, 1200 blks from Maxwell St. to Aladdin St.
Summit Ave., 600 blk from Euclid Ave. to west to Alley
West 8th St., 1100 blk from Williston Ave. to Johnson St.
West 10th St., 100 blk from Alley to Dike
Alley btwn Wallgate & Magnolia Rock Island to Bismark
Alley NW of West Fourth St Bayard to Vermont
Alley btwn Magnolia & Wallgate University to Janney
Alley btwn Independence & Courtland Mobile to Vinton
Alley btwn Franklin & Fowler Lane to Elm
Alley SE of West Fourth St. Williston to Bayard
Motion carried.
84161 - Moved by Getty, seconded by Burton
that "Resolution adopting Resolution of Necessity as amended", be
adopted. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-208.
84162 - Moved by Bowers, seconded by Dowie
that "Resolution ordering the work", be adopted. Ayes: Six.
Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-209.
84163 - Moved by Dowie, seconded by Burton
that said hearing be adjourned until June 20, 1983 at 7:00 p.m. in
the City Hall Council Chambers for further consideration of the
following streets:
1) Edison Street from Grandview Avenue to alley west of Kothe
2) Jersey Lane from Charolais Drive to Angus Drive
Motion carried.
84164 - Moved by Roehr, seconded by Dowie
that proof of publication of notice of public hearing on plans,
specifications, etc., for the Sixth Street Bridge & Approaches,
Contract No. 215, as published in the Waterloo Courier, on June 7,
1983, be received and placed on file.
Motion carried.
June 13, 1983 Page Four
HEARINGS CONTINUED
84165 - HOLD HEARING --This being the time and place of hearing the Mayor
called for written and oral objections. There were none.
Moved by Bowers, seconded by Penaluna
that "a Resolution approving proposed plans, specifications, form of
contract and estimate of cost and authorize Iowa Department of
Transportation to proceed with bid letting", be adopted. Ayes: Six.
Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-210.
ORAL PRESENTATIONS
84166 - Councilman Roehr presented a petition of area residents on Maynard
Avenue from Joy Drive to Hanna Blvd. and Hanna Blvd. from Upton
Avenue to Joy Drive protesting current street conditions.
Moved by Roehr, seconded by Dowie
that above petitions be received, placed on file, and referred to the
Street Department for review and recommendation.
Motion carried.
84167 - Mayor Leo P. Rooff reported on the status of the Rath Packing Company
Loan from the Economic Development Administration in the amount of
$6,000,000. A balance of $857,000 will be due on June 15, 1983 with
no time extention for repayment. He stated that the City,WIDA and
all banks and savings and loan companies in the City had banded
together to guarantee the repayment of the loan. He asked the
Council's concurrence with guaranteeing $200,000 of the balance of
the loan.
Moved by Roehr, seconded by Getty
that "Resolution guaranteeing the amount of $200,000 for repayment of
the loan from the Economic Development Administration to Rath Packing
Company loan", be adopted. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-211.
PETITIONS FROM PUBLIC
84168 - Moved by Bowers, seconded by Getty
that communication from City Engineer transmitting the request of
Rachel Farmer for temporary asphalt driveway at 236 Monroe Street,
together with recommendation of approval be received, placed on file
and "Resolution approving the request of Rachel Farmer for a
temporary asphalt driveway at 236 Monroe Street, irrespective of
latter official grade", be adopted. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-212.
"*4N ,ti
June 13, 1983 Page F.
PETITIONS FROM PUBLIC CONTINUED
84169 - Moved by Getty, seconded by Bowers
that communication from Plan and Program Commission transmitting
request to vacate, sell and convey a portion of Memorial Court in
conjunction with the sale of property to Peoples Bank, the property
generally located at the Municipal Parking Lot at W. 6th Street with
recommendation following commission meeting of June 13, 1983 be
received, placed on file and "Resolution setting date of hearing as
June 20, 1983 at 7:00 p.m. in the City Hall Council Chambers, on
above described proposal", be adopted and Clerk/Auditor instructed to
publish notice accordingly. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-213.
REPORTS
84170 - Moved by Burton, seconded by Getty
that communication from City Attorney transmitting the Standard of
Conduct for the City of Waterloo employees and possible conflict of
interest per FY 1982 City Audit Report, be received, placed on file
and approved.
Motion carried.
84171 - Moved by Roehr, seconded by Dowie
that City Auditor's Statement for May, 1983 received and placed on
file.
Motion carried.
DOCUMENTS
84172 - Moved by Penaluna, seconded by Roehr
that communication from Assistant City Engineer transmitting
Construction Plans for the 19\83 Midland Street Sanitary Sewer
Extension and Treatment Agreement Form WQ 59 (Dec 78) for the
Department of Environmental Quality together with recommendation of
approval, be received, placed on file, and approved.
Motion carried.
84173 - Moved by Getty, seconded by Penaluna
that communication from City Engineer transmitting Change Order No. 3
for FY 1983 Paving Program, Section II, Contract No. 234 for increase
of $478.15, together with recommendation of approval be received,
placed on file and approved and Mayor and Clerk/Auditor instructed to
execute same.
Motion carried.
84174 - Moved by Dowie, seconded by Burton
that communication from Transportation/Manager transmitting the award
of contract to the low bidder of Shappert Engineering in the amount
of $2,922,855.60 for the 6th Street Bridge and Approaches, Contract
No. 215, be received, placed on file, and "Resolution awarding
said project to Shappert Engineering Company for the stated amount",
subject to Federal Highway Administration's concurrence, be adopted.
Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-214.
June 13, 1983 Page Six
RESOLUTIONS TO BE ADOPTED
84175 - Moved by Roehr, seconded by Getty
that "Resolution transferring from the Federal Revenue Sharinq Fund
the Sum of Two Hundred Thousand Five Hundred Forty Four Dollars
($200,544.00) to the General Fund", be adopted. Ayes: Six. Absent:
Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-215.
Allan Saunders, Director of Waterloo Redevelopment Authority
requested the Council's consideration of the following item.
84176 - Moved by Bowers, seconded by Penaluna
that "Resolution supporting Exceptional Persons, Inc., application to
and for a multi -unit Housing Complex for handicapped citizens in
Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Six. Absent:
Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-216.
ORDINANCES TO BE ADOPTED
84177 - Moved by Bowers, seconded by Getty
that "an Ordinance amending the Code of Ordinances of the City of
Waterloo, Iowa, by repealing Division 3, McElroy Auditorium and
Conway Civic Center Board, of Chapter 2, Administration, in its
entirety, and enacting in lieu thereof a new division 3, Conway Civic
Center Board, of Chapter 2, Administration (eliminating the phrase
"McElroy Auditorium and" throughout), be received, filed, considered
and passed for the first time. Ayes: Six. Absent: Wilharm.
Motion carried.
84178 - Moved by Bowers, 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: Six.
Absent: Wilharm.
Motion carried.
84179 - Moved by Bowers, seconded by Burton
that "an Ordinance amending the Code of Ordinances of the City of
Waterloo, Iowa, by repealing Divison 3, McElroy Auditorium and Conway
Civic Center Board, of Chapter 2, Administration, in its entirety,
and enacting in lieu thereof a new division 3, Conway Civic Center
Board, of Chapter 2, Administration (eliminating the phrase "McElroy
Auditorium and" throughout)", be adopted. Ayes: Six. Absent:
Wilharm.
Ordinance adopted and upon approval by Mayor assigned No. 3283.
84180 - Moved by Roehr, seconded by Bowers
that "an Ordinance amending Ordinance No. 2644, known as the Traffic
Ordinance, by repealing Subsection (4) Sycamore Street to Section
562A, Two Hour Parking, be received, filed, considered and passed for
the first time. Ayes: Six. Absent: Wilharm.
Motion carried.
June 13, 1983
ORDINANCES TO BE ADOPTED CONTINUED
84181 - Moved by Roehr, seconded by Bowers
Page Seven
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. Absent:
Wilharm. (see CR 84182 below relating to Amendments to False Alarms
Ordinance).
Motion carried.
84182 - Moved by Bowers, seconded by Dowie
that "an Ordinance amending the Code of Ordinances of the City of
Waterloo, Iowa, by repealing subsection 3-1/2 - 1(b) (15), definition
of false alarm, and subsection 3-1/2-27(a), false alarms, of Chapter
3-1/2, alarm system; and enacting in lieu thereof a new subsection
3-1/2-1(b) (15), definition of false alarm, and Subsection 27(a),
False Alarms, of Chapter 3-1/2 Alarm System", be adopted. Ayes: Six.
Absent: Wilharm.
Ordinance adopted and upon approval by Mayor assigned No. 3284.
84183 - Moved by Dowie, seconded by Getty
that "an ordinance amending Chapter 16, Garbage and Refuse, of the
Code of Ordinances of the City of Waterloo, Iowa, by repealing
subsection (a) of Section 16-9 fee for service; penalty for late
payment; reimbursement in its entirety; and by enacting in lieu
thereof a new subsection (a) of Section 16-8, fee for service;
penalty for late payment; reimbursement", be received, filed,
considered and passed for the third time. Ayes: Six. Absent:
Wilharm.
Motion carried.
84184 - Moved by Dowie, seconded by Burton
that "an ordinance amending Chapter 16, Garbage and Refuse, of the
Code of Ordinances of the City of Waterloo, Iowa, by repealing
subsection (a) of Section 16-9 fee for service; penalty for late
payment; reimbursement in its entirety; and by enacting in lieu
thereof a new subsection (a) of Section 16-8, fee for service;
penalty for late payment; reimbursement", be adopted. Ayes: Six.
Absent: Wilharm.
Ordinance adopted and upon approval by Mayor assigned No. 3285.
BILLS PAYMENTS
84185 - Moved by Dowie, seconded by Roehr
that "Bills, Resolution Schedule A and B", be adopted.
Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-217.
June 13, 1983 Page Eight
BILLS PAYMENTS CONTINUED
84186 - Moved by Roehr, seconded by Penaluna
that "Resolution approving the following pay estimates and
statements in the amounts shown together with recommendation
of approval:
FY 1983 Orange Grove Trunk Sewer, Contract No. 247
Pay Estimate No. 4 from Lametti & Sons, in the amount
of $37,597.00.
FY 1983 Paving Program, Section II, Contract No. 234 Dale J. Clark
Contracting, Pay Estimate No. 5 in the amount of $67,293.17.
FY 1983 Conway Vicinity Parking Ramp, Contract No. 241
Pay Estimate No. 8 from Cardinal Construction, Inc., in the amount
of $728,215.17.
FY 1983 Conway Vicinity Parking Ramp, Contract No. 241
Statement from Brice, Petrides & Assoc., for Engineering Services in
the amount of $12,275.30.
FY 1983 Orange Grove Trunk Sewer, Stage 1, Contract No. 2.47
Statement from Twin City Testing and Engineering Laboratory, Inc.,
in the amount of $40.00.
FY 1983 Orange Grove Trunk Sewer, Stage 1, Contract No. 247 ,.
Statement from Brice, Petrides and Assoc., Inc., for Engineering
Services in the amount of $11,787.2711, be adopted. Ayes: Six.
Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-218.
NEW BUSINESS
84187 - Moved by Burton, seconded by Bowers
that communication from Black Hawk County Board of Supervisors
transmitting applications for tax exemption for natural lands under
the provisions of Chapter 427.1 of State Code of Iowa ("Wetlands
Bill") together with recommendation of Planning, Programming and
Zoning Commission to approve the applications of Hagan E. Gibbs,
Ernest E. Sage (Family Farms"), and Donald Stiles be received, placed
on file, and "Resolution approving said exemptions", be adopted and
Clerk/Auditor instructed to forward said applications to the Board of
Supervisors. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-219.
84188 - Moved by Roehr, seconded by Burton
that communication from Chief of Police transmitting the retirement
of Sergeant William Derr together with recommendation of payment for
accumulated sick leave and vacation pay be received, placed on file
and "Resolution authorizing the payment to William Derr in the amount
of $13,450.80", be adopted. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-220.
N
June 13, 1983
NEW BUSINESS CONTINUED
84189 - Moved by Burton, seconded by Dowie
"y
Page Nine
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
Three Police Sergeants to attend the Iowa Law Enforcement Academy
June 20 - July 1, 1983, cost not to exceed $166.50 plus use of City
vehicle.
Police Captain and Sergeant to attend Crime Analysis School, Hanover
Park, Ill., June 22-23, 1983, cost not to exceed $400.00 plus use of
City vehicle.
Motion carried.
MISCELLANEOUS
84190 - Moved by Dowie, 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 and approval
for a license to erect Portable Sign:
Beer and Liquor License Permit Application plus Sunday Sales
Class C
Twin Torch Inn, 300 W. Mullan, (old location -new owner) (Expires
7/1/84)
Jerry Gibson dba Gibsons Apco, 4036 Logan, (Renewal) (Expires
6/24/84)
Logan's, 743 Logan Ave., (Renewal) (Expires 6/15/84)
Order of Elks, 407 E. Park, (Renewal) (Expires 7/1/84)
Veterans of Foreign Wars, 612 Jefferson (Renewal) (Expires 7/4/84)
Mama Nick's Circle Pizzeria, Inc., 1934 Washington, (Renewal)
(Expires 7/6/84)
Estado Corporation 214-228 Washington St., (old location -new owner)
Application for License to erect Portable Signs
Bob A. Bush, 811 E. Seerley
Motion carried.
BONDS
84191 - Moved by Dowie, seconded by Burton
that the report of City Attorney and list of bonds filed with Clerk
through June 13, 1983, be received, placed on file and report and
bonds approved.
Motion carried.
An.ini1RNMFNT
84192 - Moved by Burton, seconded by Roehr
that the Council adjourn.
Motion carried.
Larry P. Burger, City Clerk/Auditor