Loading...
HomeMy WebLinkAbout05/23/830 May 23, 1983 im 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 May 23, 1983. Mayor Rooff in the Chair. Roll Call: Getty, Penaluna, Roehr, Wilharm, Dowie, Burton, Bowers. Invocation by: Bowers. 84055 - Moved by Dowie, seconded by Burton that the Agenda, as amended for the Regular Session of May 23, 1983, at 7:00 p.m., be accepted and approved. Motion carried. 84056 - Moved by Roehr, seconded by Penaluna that the Minutes of the Regular Session held May 16, 1983 at 7:00 p.m. be approved. Motion carried. HEARINGS 84057 - Moved by Burton, seconded by Dowie that proof of publication of notice of public hearing on the FY 1983 Street Pavement Mudjacking Program No. 3, Contract No. 253, as published in the Waterloo Courier on May 16, 1983, be received and placed on file. Motion carried. 84058 - HOLD HEARING --This being the time and place of public hearing the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Burton that "Resolution confirming the approval of plans, specifications, etc., for the FY 1983 Street Pavement Mudjacking Program No. 3, Contract No. 253", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-173. 84059 - Moved by Roehr, seconded by Wilharm that "Resolution ordering construction for the FY 1983 Street Pavement Mudjacking Program No. 3, Contract No. 25311, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-174. 84060 - Moved by Wilharm, seconded by Dowie that all bids be received, placed on file and Deputy City Clerk instructed to open all bids and refer to the City Engineer for review and recommendation: Bidder Bid Bond Bid Amount Erns er Co., Inc. 5% r. Motion carried. (see CR 84068 of 5/23/83 for bid acceptance) May 23, 1983 Page Two HEARINGS CONTINUED 84061 - Moved by Dowie, seconded by Burton that proof of publication of notice of public hearing on the use of Community Development Block Grant Funds in conjunction with the Federal Emergency Jobs Bill as published in the Waterloo Courier on May 17, 1983, be received and placed on file. Motion carried. 84062 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections. There were no written objections. Dale Mercer, Community Development Director, explained the list of proposed activities. The use of $25,000 for People's Community Health Clinic was discussed. Ron Kemp, Director, stated they proposed using $4,000 for supplies, $20,000 for inventory and $1,000 miscellaneous. The impetus of implementing the program would lower health care costs for County agencies currently subsidizing indigent citizens. A location for the pharmacy has not been established. Councilman Dowie asked where future operating funds would come from. Mr. Kemp reported that the operating budget of various County departments would contain operating funds. Allan Saunders, Director of the Downtown Redevelopment Authority requested $63,000 for demolition of the building located at E. 5th and Sycamore ($14,000), the use of $10,600 for establishment of a Community Food Coop at 630 Sycamore with remaining monies utilized for demolition of the storefronts at 120-126 E. 4th Street for future use as a vest-pocket park. Dale Mercer, Community Development Director, reported that money has been allocated in the seventh year block grant program for demolition. He also stated that $25,000 has been proposed in this grant for demolition, but not yet earmarked for any particular use. Moved by Bowers, seconded by Wilh arm that "Resolution accepting and approving preparation and submission of said application for use of Community Development Block Grant Funds in conjunction with the Federal Emergency Jobs Bill", be adopted. Ayes: Wilharm, Bowers. Nayes: Getty, Penaluna, Roehr, Dowie, and Burton. Resolution not adopted. 84063 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on proposed budget amendment for the FY 1983 Operating Budget for the City of Waterloo as published in the Waterloo Courier on May 17, 1983 be received and placed on file. Motion carried. "1%11 "1-, May 23, 1983 HEARINGS CONTINUED Page Three 84064 - HOLD HEARING --This being the time and place of public hearing the Mayor called for written and oral objections and there were none. Moved by Dowie, seconded by Burton that "Resolution amending FY 1983 Operating Budget", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-175. 84065 - Moved by Roehr, seconded by Bowers that proof of publication of notice of hearing on the proposal to increase monthly garbage fees, as published in the Waterloo Courier on May 17, 1983, be received and placed on file. Motion carried. 84066 - 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 Roehr, 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 16-8, 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, placed on file, passed and considered for the first time. Ayes: Seven Motion carried. ORAL PRESENTATIONS A bouquet of balloons were presented to the Mayor & Council from "Citizens for Full Fire Protection". (Fire Station No. 2) Mayor Leo P. Rooff congratulated Pam Hildebrand for her promotion to producer at KWWL TV and thanked her for her honesty and professionalism while covering City Hall business. Mayor Rooff reported that the council would soon be considering the installation of a walk signal with push button activation at the intersection of Lafayette Street and Dunham Place. This item was petitioned by residents on May 9, 1983 (see CR 83983 of May 9, 1983) and will be brought back to the council for formal consideration. 84067 - Curt Parsons, Building Official presented a petition of area residents requesting action on 309 Ankeny Street due to its potential hazard to the neighborhood. Moved by Bowers, seconded by Getty that the owner of 309 Ankeny Street be notified to repair or demolish the structure within 120 days. Motion carried. 84068 - The Assistant City Engineer reported that the bid of Ernster and Co., Inc., of Waterloo, Iowa in the amount of $99.50/hr. for the FY 1983 Street Pavement Mudjacking Program No. 3, Contract No. 253 was in order and could be approved. May 23, 1983 Page Four ORAL PRESENTATIONS CONTINUED 84068 - Moved by Dowie, seconded by Bowers (con't) that the Assistant City Engineer's recommendation as stated above be received, placed on file, and "Resolution approving the bid of Ernster and Co., Inc. for the amount and project listed above", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-176. 84069 - Due to the time frame, the Assistant City Engineer requested the Mayor and Deputy City Clerk be authorized to execute the contract, bonds, and certificate of insurance if found to be in order for the above project. Moved by Dowie, seconded by Bowers that the Assistant City Engineer's recommendation as stated above be received, placed on file, and "Resolution approving the contract, and bond of Ernster and Co., Inc. for the FY 1983 Street Pavement Mudjacking Program No. 3, Contract No. 253", be approved and Mayor and Deputy City Clerk authorized to execute the same, subject to said documents being found in order. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-177. PETITIONS FROM PUBLIC 84070 - Moved by Roehr, seconded by Penaluna that communication from City Engineer transmitting the request of James Carnes for temporary asphalt driveway at 940 Littlefield Road, together with recommendation of approval be received, placed on file and "Resolution approving the request of James Carnes for a temporary asphalt driveway at 940 Littlefield Road, irrespective of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-178. UNFINISHED BUSINESS 84071 - Mayor Leo P. Rooff stated that the purpose of this discussion was to determine the future of Fire Station Pio. 2 (Byron Ave.). Edward Bernard, 1532 Glenny Ave., asked that the area residents be given the final word in the discussion, rather than the Fire Chief. Chief Olson reportd tht since the closing of the station in February, 1981, response time has been within five (5) minutes. In reviewing the citizens's report, he commented that it was accurate. Mike Baker, 1300 Hawthorne Ave., stated that a problem exists with response time, particularly, in light of future highway construction. He asked for full and immediate protection. Dick McCalley, 1317 Hawthorne, spoke on behalf of full fire protection. Randy Eilers, 1315 Byron Ave., supported the reopening of the station. May 23, 1983 Page Five UNFINISHED BUSINESS CONTINUED Catherine Emmick, 1627 Byron, spoke on behalf of the reopening. Keevin Barkhoff, representing Metro Ambulance Service, offered her company's assistance in relieving peak times. Mayor Rooff reported that in prior conversation on this topic, an agreeable percentage of the business could not be arranged. Mildred Boyenga, 1427 Patton Ave., reported that emergency vehicles have difficulty leaving or entering Station No. 8 (Crossroads) due to the traffic volumes. Greg Fanton, 1170 Bourland, relayed an incident occurring in July, 1981 whereby emergency assistance was needed, with service adequately delivered by Station No. 2. Therefore, he thought it was a human tragedy to close the station. Ken McDowell, 1222 Hawthorne, supported full fire protection & stated that money is available for the reopening. Moved by Burton, seconded by Roehr to temporarily open Fire Station No. 2 until a study of the situation is completed to determine its permanent status. Ayes: Roehr and Burton. Nayes: Getty, Penaluna, Wilharm, Dowie, Bowers. Motion not carried. Mayor Leo P. Rooff reported that a committee would be appointed (with Councilman Bowers as chairperson) to make recommendations concerning the locations of existing and/or future stations. REPORTS 84072 - Moved by Dowie, seconded by Burton that Clerk/Auditor's Statement for April, 1983, be received and placed on file. Motion carried. 84073 - Moved by Roehr, seconded by Bowers that report from City Engineer transmitting petition from area residents for paving of the 400 block of Peek Street be received, placed on file, and approved. Motion carried. 84074 - Moved by Roehr, seconded by Bowers that report from City Engineer transmitting petition from area residents for paving of the 900 block of Locke Avenue, be received, placed on file, and approved. Motion carried. May 23, 1983 Page Six REPORTS CONTINUED 84075 - Moved by Roehr, seconded by Bowers that report of City Engineer transmitting petition from area residents for paving of the 1000 block of Englewood Avenue, be received, placed on file, and approved. Motion carried. DOCUMENTS 84076 - Moved by Roehr, seconded by Bowers that communication from City Engineer transmiting Agreement with the Iowa Department of Transportation regarding the construction of Relocated Highway 20 (Freeway 520) and associated construction, together with recommendation of approval be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-179. 84077 - Moved by Getty, seconded by Bowers that communication from City Engineer transmitting contracts, bonds, and certificate of insurance from Waterloo Construction Co. Inc., for the FY 1983 Park Avenue Bridge Repairs and Painting, Contract No. 240, together with recommendation of approval be received, placed on file, and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-180. 84078 - Moved by Dowie, seconded by Burton that communication from City Engineer transmitting Change Order No. 2 for increase in Contract of $350.00 for the FY 1983 Paving Program, Section II, Contract No. 234 to Dale J. Clark Contracting Co., together with recommendation of approval be received, placed on file and approved and Mayor and Deputy Clerk/Auditor instructed to execute same. Motion carried. 84079 - Moved by Burton, se�.onded by Dowie that communication from City Engineer transmitting construction plans for Sanitary Sewer Crossing of Relocated US Highway 20 East of Kimball Avenue, and Treatment Agreement Form WQ 59 and Application for use of Highway-,!qht-of-Way for utilities accommodation together with recommendation; J approval be received, placed on file and approved. Motion carried. Ak May 23, 1983 ORDINANCES TO BE ADOPTED 84080 - Moved by Bowers, seconded by Burton FmQ Page Seven that an "ordinance amending Chapter 34 Utilities, by repealing Subsection (f) regarding Sewer Rental charges of Section 34-54; and enacting in lieu thereof a new Subsection (f) regarding Sewer Rental charges of Section 34-54 as amended", be received, placed on file, passed and considered for the second time. Ayes: Seven. Motion carried. 84081 - Moved by Wilharm, seconded by Bowers 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. 84082 - Moved by Burton, seconded by Dowie that an "Ordinance amending Chapter 34 Utilities, by repealing Subsection (f) regarding Sewer Rental charges of Section 34-54; and enacting in lieu thereof a new Subsection (f) regarding Sewer Rental charges of Section 34-54 as amended", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3278. 84083 - Moved by Roehr, seconded by Burton that "Ordinance establishing a downtown Self Supported Municipal Improvement District and providing for the establishment of funds and levy of annual taxes in connection therewith", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3279. 84084 - Moved by Bowers, seconded by Getty that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Article III, Sewers (Sections 34-27 through 34-59) of Chapter 34, utilities, and enacting in lieu thereof a new Article III, Sewers", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 84085 - Moved by Wilharm, seconded by Bowers 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. May 23, 1983 Page Eight ORDINANCES TO BE ADOPTED CONTINUED 84086 - Moved by Burton, seconded by Getty that "an Ordinance amending the Code of Ordinance of the City of Waterloo, Iowa, by repealing Article III, Sewers (Sections 34-27 thru 34-59) of Chapter 34, Utilities and enacting in lieu thereof a New Article III, Sewers, as amended", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3280. BILLS PAYMENT 84087 - Moved by Dowie, seconded by Wilharm that "Bills, Resolution Schedule All, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-181. 84088 - Moved by Roehr, seconded by Getty tht "Resolution approving the following statement for amount shown together with recommendation of approval: FY 1984 E. Park Avenue Parking Facility, Contract No. 251 Statement from Twin City Testing and Engineering Laboratory --$5,343.8911, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-182. 84089 - Moved by Bowers, seconded by Burton that request of Board Chairman of the Martin Luther King, Jr. Center for cancellation of special assessments for property located at 515 Beech in an amount of $2,261.55, including interest and penalty for Installments 1,2,3,4, & 5, and cancellation of remaining installments be received, placed on file, and "Resolution approving said cancellation", be adopted and Deputy Clerk/Auditor instructed to notify the County Treasurer. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-183. NEW BUSINESS 84090 - Mayor Leo P. Rooff recommended that W. David Tyler be appointed City Attorney to replace John Holmes. Moved by Dowie, seconded by Penaluna that the above communication be received, placed on file, and approved. Motion carried. The Oath of Office was administered to W. David Tyler by Mayor Leo P. Rooff. 84091 - Moved by Dowie, seconded by Getty that communication from Planning and Zoning Commission transmitting recommendation on change of street name of Deere Road to Cedar Heights Drive, together with recommendation of approval be received, placed on file, and "Resolution setting date of hearing at June 6, 1983 at 7:00 p.m. in the City Hall Council Chambers on above described proposal", be adopted and Deputy City Clerk instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-184. May 23, 1983 NEW BUSINESS CONTINUED 84092 - Moved by Burton, seconded by Dowie Page Nine that plats, schedules of assessments, etc for the FY 1984 Oiling Program, Contract No. 249, be received, placed on file and approved. Motion carried. 84093 - Moved by Roehr, seconded by Burton that "Resolution adopting preliminary plat and schedule of assessments for the FY 1984 Oiling Program, Contract No. 24911, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-185. 84094 - Moved by Bowers, seconded by Roehr that "Resolution adopting proposed Resolution of Necessity and setting date of hearing as June 13, 1983 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-186. 84095 - Moved by Wilharm, seconded by Dowie that communication from Chief of Police transmitting the retirement of Sergeant Dale Kimball, together with recommendation of payment for accumulated sick leave and vacation pay be received, placed on file and "Resolution authorizing the payment to Sgt. Dale Kimball in the amount of $12,605.0311, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-187. 84096 - Moved by Wilharm, seconded by Dowie that communication from Chief of Police transmitting the retirement of Captain Arthur Murray, together with recommendation of payment for accumulated sick leave and vacation pay be received, placed on file and "Resolution authorizing the payment to Captain Arthur Murray in the amount of $17,367.7411, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-188. 84097 - Moved by Roehr, seconded by Bowers that communication from Conway Manager transmitting the termination of James TeWalt, together with recommendation of payment for accumulated sick leave and vacation pay be received, placed on file and "Resolution authorizing the payment to James TeWalt in the amount of $4,605.6411, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-189. May 23, 1983 NEW BUSINESS CONTINUED 84098 - Moved by Wilharm, seconded by Bowers Page Ten that communication from Mayor Leo P. Rooff recommending that date of hearing be established for restructuring of duties of the McElroy/Conway Board of Directors be received, placed on file, and. Resolution setting date of hearing as June 6, 1983 at 7:00 p.m. in the City Hall Council Chambers on the above described proposal", be adopted and Deputy City Clerk instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-190. 84099 - Moved by Getty, 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 Police Chief to attend Police Productivity Evaluation and Methods to Improve at Denver, Colorado, June 11 - 17, 1983, cost not to exceed $841.00. Eight Police Officers to attend Iowa Association of Chiefs of Police and Peace Officers Inc., Pistol Shoot, June 4-5, 1983, Cedar Rapids, Iowa cost not to exceed $410.00. Deputy Clerk/Auditor to attend 1983 Municipal Clerks' Institute at Ames, Iowa, July 10 - 15, 1983 cost not to exceed $227.50. Human Rights Specialist to attend 35th Annual Convention of the International Association of Official Human Rights Agencies, Philadelphia, Pa., July 10-15, 1983 cost not to exeed $1,000.00. Motion carried. MISCELLANEOUS 84100 - Moved by Wilharm, seconded by Dowie 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 Permit License Applications plus Sunday Sales Class El Toro Lounge, 3005 University Ave., (Renewal) (Expires 6/1/84) The Ritz Beer Garden, 320 W. 4th (Renewal) (Expires 6/1/84) Beer Permit License_ Application plus Sunday Sales Class Pester Marketing Company, 611 Rainbow Dr., (Renewal) (Expires 8/1/84) Beer Permit License Applications plus Sunday Sales Class My Waterloo Days, Latin American Club of Waterloo, Inc., Lincoln Park, E. 4th & Franklin (14 day) (Expires 6/18/84) My Waterloo Days, Exchange Park, Chamber of Commerce, (14 day) (Expires 7/18/83) Beer Permit License Application Class My Wa rloo Days, Byrnes Park, (14 day) (Expires 6/18/83) Motion carried. May 23, 1983 Page Eleven MISCELLANEOUS CONTINUED 84101 - Moved by Dowie, seconded by Getty that the following Auto Salvage Permit Applications and Junk Dealer Permit Applications be received, placed on file and approved: Auto Salvage Permit Applications Wilber AutooB dy & Sales, Inc.,—212 W. 9th Street Victor H. Fuller, 950 Sheffield Robert Quail, 305 Glendale Richard Breenken, 321 Creston Commercial Auto, 1330 Commercial Junk Dealer Permit Applications Howard ournier, 900 Fulton Max G. Long, 2724 Lafayette Street B. Schultz Company, 1500 David Street Weissman Iron & Metal, Inc., 700 Falls Avenue Victor H. Fuller, 2113 Mitchell Motion carried. BONDS 84102 - Moved by Bowers, seconded by Burton that the report of City Attorney and list of bonds filed with Clerk through May 23, 1983, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 84103 - Moved by Burton, seconded by Dowie that the Council adjourn. Motion carried. Michelle Temeyer, Deputy City Clerk