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HomeMy WebLinkAbout08/23/82August 23, 1982 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 August 23, 1982. Mayor Pro -Tem Roehr in the Chair. On Roll Call: Present: Wilharm, Roehr, Penaluna, Getty, Bowers, Burton, Dowie. Invocation by Wilharm. 82987 - Moved by Dowie, seconded by Getty that the Agenda, as amended, for the Regular Session of August 23, 1982, at 7:00 p.m. be accepted and approved. Motion carried. 82988 - Moved by Burton, seconded by Bowers that minutes at the Regular Session held August 16, 1982, at 7:00 p.m. be approved. Motion carried. HEARINGS & BIDS 82989 - Moved by Burton, seconded by Dowie that proof of publication of notice of public hearing on the plans, specifications, and notice to bidders on the FY 1983 11th Street Bridge Painting, Contract No. 246, as published in the Waterloo Courier on August 17, 1982, be received and placed on file. Motion carried. 82990 - HOLD HEARING --This being the time and place of hearing, the Mayor Pro -Tem called for written and oral objections and there were none, Moved by Bowers, seconded by Wilharm that "Resolution confirming the approval of plans, specifications, etc., for the construction of the FY 1983 11th Street Bridge Painting, Contract No. 246", be adopted. Ayes: Seven. 0 Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982-382. 82991 - Moved by Bowers, seconded by Wilharm that "Resolution ordering construction of the FY 1983 11th Street Bridge Painting, Contract No. 246", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982-383. 82992 - Moved by Wilharm, seconded by Bowers to receive and file bids and Clerk/Auditor be instructed to open and read bids and said bids referred to City Engineer for review and recommendation: Bidder Bid Bond Bid Amount Tri - Company 5% $ 95,147.00 Winters & Merchant 8,000.00 $ 92,000.00 Butschi Painting, Co 10,400.00 $208,000.00 James. R. Turnbull 5% $106,670.00 Anderson Painting 5% $118,531.00 Loren J. Allison Corp. 4,661.20 $ 93,224.00 Hawbaker Painting Cont. 5% $125,192.00 (see CR 83008 for further action). Motion carried. August 23, 1982 Page Two HEARINGS 82993 - Moved by Bowers, seconded by Burton that proof of publication of notice of public hearing on site plan for construction of a building for the Department of Correctional Services located at E. 6th and Lafayette Streets as published in the Waterloo Courier on August 6, 1982, be received and placed on file. Motion carried. 82994 - HOLD HEARING --This being the time and place of hearing the Mayor Pro -Tem called for written and oral objections and there were none. Moved by Bowers, seconded by Dowie that "Resolution approving site plan for building for the Department of Correctional Services at E. 6th and Lafayette Streets", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982-384. 8,2995 - Moved by Getty, seconded by Burton that proof of publication of notice of public hearing on proposal to vacate a portion of an easement in Pro's Addition as published in the Waterloo Courier on August 13, 1982, be received and placed on file. Motion carried. 82996 - HOLD HEARING --This being the time and place of hearing the Mayor Pro -Tem called for written and oral objections and there were none. Moved by Burton, seconded by Penaluna that "Ordinance vacating a portion of an easement in Lot 17 of Pro's Addition", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 82997 - Moved by Penaluna, seconded by Wilharm that proof of publication of notice of public hearing on amendments to Ordinance No. 2479, as amended (Zoning Ordinance), relating to changes in the Off -Street Parking requirements as published in the Waterloo Courier on August 6, 1982, be received placed on file. Motion carried. 82998 - HOLD HEARING --This being the time and place of hearing the Mayor Pro -Tem called for written and oral objections. Discussion was heard on reducing the width of parking spaces to 9ft. Moved by Wilharm, seconded by Burton that "an ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance relating to Off -Street Parking requirements", be received, placed on file and denied. Ayes: Wilharm, Getty, Bowers, Burton. Nays: Roehr, Penaluna, Dowie. Motion not carried. August 23, 1982 ORAL PRESENTATIONS 82998 - Mayor Pro -Tem swore in Police Chief, Kenneth Huck. Page Three 82999 - Councilman Bowers reported that the Buildings & Grounds Committee had reviewed possible memorials for deceased Police and Fire Officers. The committee recommended that the four (4) Greek Goddess Statues (now located at the Recreation Center) be placed on the earthin floodwall between the Waterloo Recreation and Arts Center and the Waterloo Savings Bank. Moved by Bowers, seconded by Wilharm to approve and proceed with above recommendation. Motion carried. 83000 - Councilman Getty reported his committee's recommendation for placement of a plaque in front of City Hall to honor fire and police personnel who have died in the line of duty. The following individuals will be honored: FIRE DEPARTMENT ward Knipp - November 22, 1936 Herman Otto - May 21, 1940 Herman Eicker - December 19, 1911 POLICE DEPARTMENT Wayne Rice - July 13, 1981 Michael Hoing - July 13, 1911 William Mehlhorn - Jan" ry'14, 1956 Vinton Margretz July 6, 1925 William Goodenbour - July 1, 1920 ` Fred Widmann - November 11, 1908 Moved by Getty, seconded by Bowers to approve this recommendation and proceed with construction. Motion carried. PETITIONS FROM PUBLIC 83001 - Lena Berry, 426 Vermont, spoke in support of placing a street in the alley between W. 3rd & W. 4th and Vermont and Bayard Street. Councilman Burton stated that the City's policy has been not to light alleys. Moved by Burton, seconded by Wiiharm that petition of area residents requesting a street light in the alley between W. 3rd and 4th Streets and Vermont and Bayard Streets, be received, placed on file, and denied. Motion carried. 83002 - Moved by Burton, seconded by Dowie that request of Metropolitan Ambulance Service Inc., for rate increase for certain paramedic services be received, placed on file and "Resolution approving the request of Metropolitan Ambulance Service, Inc., for rate increase for Cardiac Monitoring, Defibrillation, Drug Administration and Endotrachael intubation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 385. August 23, 1982 PETITIONS FROM PUBLIC 83003 - Moved by Bowers, seconded by Wilharm Page Four that communication from Zoning Commission transmitting request of Hope M. Anderson, for council on its own motion to rezone 50 acres of land located at the southeast corner of Kimball Avenue and Highway 412 from "A-1" Agricultural District to "C-2" Commercial District, together with recommendation of approval be received, placed on file and "Resolution setting date of hearing as September 13, 1982, at 7:00 p.m. in the City Hall Council Chambers on above described proposal", be adopted and Clerk/Auditor be instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 386. 83004 - Moved by Penaluna, seconded by Bowers that communication from Zoning Commission transmitting request from area residents for council to rezone on its own motion a parcel of land located along Kaplan Drive and between Hammond Avenue and Bethel Street from "R-4" Multiple Family Residence District to "R-2" One and Two Family Residence District, together with recommendation of partial approval be received, placed on file and "Resolution setting date of hearing as September 13, 1982 at 7:00 p.m. in City Hall Council Chambers on the above described proposal", be adopted and Clerk/Auditor be instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 387. 83005 - Moved by Wilharmm, seconded by Getty that request ofearlan A. Wittmayer, 325 Crestridge Drive, for permission to construct temporary asphalt driveway, without regard to sidewalk grade, together with $3 for recording waiver with the City Engineer's recommendation of approval, be received, placed on file and "Resolution granting Harlan A. Wittmayer, 325 Crestridge Drive, to construct temporary asphalt driveway, irrespective of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 388. UNFINISHED BUSINESS 83006 - Moved by Dowie, seconded by Bowers that recommendation from City Engineer transmitting recommendation on award of contract to Concrete Foundations, Inc., for the FY 1982 East San Marnan at'Sears Street and Penneys Street Improvements, Contract No. 230 in the amount of $142,214.49 be received, placed on file and "Resolution awarding contract for the FY 1982 East San Marnan at Sears Street and Penneys Street Improvements, Contract No. 230 in the amount of $142,214.49 to Concrete Foundations, Inc.," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 389. REPORTS 83007 - Moved by Burton, seconded by Bowers that the First Annual Report for Flood Control Facilities Maintenance be received and placed on file. Motion carried. ' 1 August 23, 1982 DOCUMENTS Page Five woo 83008 - Under CR 82992 bids were received for the FY 1983 11th Street Bridge Painting, Contract No. 246. The City Engineer recommended that the low bid of Winter & Merchant in the amount of $92,000 be approved, subject to receipt of the Contract, Bond, and Certificate of Insurance by September 1, 1983. Moved by Dowie, seconded by Burton that communication from City Engineer transmitting recommendation of award of contract to Winter & Merchants, for the FY 1983 11th Street Bridge Painting, Contract No. 246, in the amount of $92,000 be received, placed on file and "Resolution awarding contract described above to Winter & Merchants in the amount of $92,000", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 390. 83009 - Moved by Burton, seconded by Penaluna that communication from City Engineer transmitting Contract, Bond and Certificate of Insurance from Leo Ohrt for the FY 1983 Pinehurst Drainage Improvments, Schedule II, Contract No. 242 together with recommendation of approval be received, placed on file and "Resolution approving the Contract, Bond and Certificate of Insurance from Leo Ohrt for above described contract", be adopted and Mayor Pro -Tem and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 391. 83010 - Moved by Bowers, seconded by Getty that communication from Community Development Administrator transmitting Change Order No. 1 for Lincoln-Ackermant Storm Sewer and Sanitary Sewer Improvements, Stage III, Contract No. 227 together with recommendation of approval be received, placed on file, and approved, and Mayor Pro -Tem and Clerk be authorized to execute same. Motion carried. 83011 - Moved by Wilharm, seconded by Bowers that communication from City Engineer transmitting Change Order No. 12 (Final) for the Shaulis Road Grading and Paving Project, Contract No. 201, together with recommendation of approval be received, placed on file, and approved, and Mayor Pro -Tem and Clerk be authorized to execute same. Motion caried. RESOLUTIONS TO BE ADOPTED 83012 - Moved by Bowers, seconded by Burton that "Resolution authorizing the Mayor to accept on behalf of the City of Waterloo effective August 31, 1982, the assumption of operation and maintenance responsibilities for the flood protection devices constructed as Stage III -E of the Corp of Engineers Local Flood Control Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 392. August 23, 1982 RESOLUTIONS TO BE ADOPTED CONTINUED 83013 - Moved by Bowers, seconded by Wilharm Page Six that "Resolution by the City Council of the City of Waterloo, Iowa as the Waterloo Housing Authority, adopting a new schedule of tenant income limits for admission to its elderly public housing project Ridgeway Towers, IA -50-3", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 393. ORDINANCES TO BE ADOPTED 83014 - Councilman Dowie reported that he had had various comments on the proposed removal of the four (4) way stop sign. at Rachael & Colby and increase in speed limits on Prospect Ave. (see CR 82976 of 8/16/82). City Attorney John Holmes reported that the changes to the speed limit on 4th Street under CR 82976 of 8/16/82 should have been to change to 25 mph from Walnut Street to Wellington and from Wellington to the Southern City Limits the ordinance should remain the same. Moved by Wilharm, seconded by Bowers that "an ordinance amending Ordinance No. 2644, as amended, known as the Traffic Ordinance (see title description under CR 83015)," be received, placed on file, and passed for the first time. Prior to a vote on the above motion, the Agllowing amendment was offered: Moved by Dowie, seconded by Burton` that the above ordinance be amended to retain the four (4) way stop at Rachael and Colby and reduce the speed limit on Prospect Avenue from Ridgeway Avenue to Byrnes Drive to 25 mph. Ayes: Seven. Motion carried. 83015 - The following vote was taken on the original motion as described in CR 83014 above and as amended: AN ORDINANCE AMENDING ORDINANCE NO. 2644, KNOWN AS THE TRAFFIC CODE, BY REPEALING SUBSECTIONS (3), (3a), (3b), ALL ANSBOROUGH AVENUE (12) AND (13) BOTH BURTON AVENUE, (18) AND (18a), BOTH CONGER STREET, (20), (21) AND (21a), ALL DONALD STREET, (34) FLETCHER AVENUE, (46b) AND (47), BOTH IDAHO STREET, (56), (57), (58) AND (58a), ALL KIMBALL AVENUE, (79) PARK, (88a) AND (88b), BOTH SHAULIS ROAD, (93), (93a), AND (93b), ALL THIRD STREET, AND (102) WESTFIELD AVENUE, OF SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS, IN THEIR ENTIRETY; BY ENACTING IN LIEU THEREOF NEW SUBSECTIONS (3) ANSBOROUGH AVENUE, (12) BURTON AVENUE, (18) CONGER STREET, (18a) CONGER STREET, (20), (21) and (22), ALL DONALD STREET, (34) FLETCHER AVENUE, (47) IDAHO STREET, (56) KIMBALL, (79) PARK, (88a) AND (88b), BOTH SHAULIS ROAD, (93) THIRD STREET, AND (102) WESTFIELD AVENUE TO SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS; AND ALSO BY ADDING SUBSECTIONS (13) CAMPBELL AVENUE, (16a) CLEVELAND STREET, (35a) FOURTH STREET, (70c) MITCHELL AVENUE, (75a) ORANGE ROAD, AND (85a) RIVER ROAD, TO SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS; .•04N --N August 23, 1982 Page Seven ORDINANCES TO BE ADOPTED CONTINUED BY REPEALING SUBSECTIONS (4) ANSBOROUGH AVENUE, AND (27) DONALD STREET, OF SECTION 543, THRU STREETS, IN THEIR ENTIRETY; BY ENACTING IN LIEU THEREOF NEW SUBSECTIONS (4) ANSBOROUGH AVENUE, AND (27) DONALD STREET, TO SECTION 543, THRU STREETS; BY REPEALING SUBSECTIONS (4) ANSBOROUGH AVENUE TO RIDGEMONT ROAD, AND (8) BURTON AVENUE AND WEST DONALD, OF SECTION 544, FOUR-WAY STOP INTERSECTIONS," be received, placed on file,'passed and considered for the second time. Ayes: Seven. Motion carried. 83016 —Moved by Burton, seconded by Bowers that "an ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 2 to Section 2A -7-M Conditional Rezoning Certain Property", be received, placed on file and passed for the second time. Ayes: Seven. (Vern Halverson -Washington St., & Shannon Ct.) Motion carried. BILLS - PAYMENTS 83017 - Bills, "Resolution, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982-394. 83018 - Moved by Wilharm, seconded by Burton that "Resolution approving the following Pay Estimates for various construction projects, together with recommendation of approval: Pay Estimate No. 2 - Lincoln-Ackermant Storm Sewer and Sanitary Sewer Improvements, Stage III, Contract No. 237--$7,018.29. Pay Estimate No. 7 - Lincoln-Ackermant Storm Sewer and Sanitary Sewer Improvements, Stage II, Contract No. 214--$9,171.58", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 395. 83019 - Moved by Bowers, seconded by Getty that "Resolution approving the following Statements for various construction projects, together with recommendation of approval: Statement from Brice, Petrides and Assoc., for Construction Document and Bidding/Negotiation of the Conway Vicinity Parking Ramp --$142,998.03. Statement from Robinson Engineering Company for FY 1981 Racha-el Storm Sewer, Contract No. 212 and FY 1981 Columbus Area Storm Sewer, Contract No. 211--$51.00. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982-396. August 23, 1982 Page Eight NEW BUSINESS 83020 - Moved by Burton, seconded by Bowers that communication from Police Chief transmitting list of officers eligibile for reimbursement for clothing allowance for the first half of FY 1983 in the amount of $150.00 each, together with recommendation of approval be received, placed on file and "Resolution approving payment of $150.00 each to various police officers for clothing allowance for the first half of FY 1983", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982-397. 83021 - Moved by Bowers, seconded by Dowie that communication from Assistant Chief of Police reporting on the retirement of Junior H. Grimm, Police Chief, effective August 31, 1982 together with recommendation for payment of 50 days unused vacation pay and 142 days accumulated sick leave in the amount of $25,685.91 be received, placed on file, and "Resolution approving payment of $25,685.91 to Junior Grimm, retiree of the Police Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982-398. 83022 - Bob Bamsey, Engineer for Brice, Petrides, Assoc. Inc., explained the project scope, including construction phases. Moved by Burton, seconded by Wilharm that communication from City Engineer transmitting Supplemental Agreement No. 4 for engineering services with Brice, Petrides, and Associates, Inc. for the Orange Grove Outfall Project, together with recommendation of approval be received, placed on file, and "Resolution approving Supplemental Agreement No. 4 with Brice, Petrides, and Associates, Inc., for the Orange Grove Outfall Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 399. 83023 - Moved by Getty, seconded by Bowers that communication from Fire Chief transmitting proposed schedule of ambulance rate changes to coincide with the Waterloo Fire Department Mobile Intensive Care Services (Paramedics), be received, placed on file and "Resolution approving rate increases for ambulance services in the City of Waterloo," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1982 - 400. MISCELLANEOUS 83024 - Moved by Burton, seconded by Bowers that the following requests to attend function with expenses be allowed not to exceed amount shown be received, placed on file and approved: Personnel Director, Planning Director, and Clerk/Auditor to attend League of Iowa Municipalities Convention, September 15-17, 1982, Cedar Rapids, Iowa -$160.00 each, plus use of City Vehicle. Ayes: Seven. Motion carried. August 23, 1982 MISCELLANEOUS CONTINUED 83025 - Moved by Wilharm, seconded by Bowers Page Nine that the following applications for Beer & Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer & Liquor Control Department: Beer License Permit Applications Cl -ass C Pester Marketing Company #97, 508 N. Broadway, (Renewal) (Expires 9/24/83) Bradley Scott Potter dba West Side Convenience, 923 W. 3rd Street, (old location -new owner) (Expires 8/23/83) Beer License Permit Applications -Sunday Sales Class C Pester Marketing Company #97, 508 N. Broadway, (Renewal) (Expires 9/24/83) Bradley Scott Potter dba West Side Convenience, 923 W. 3rd Street, (old location -new owner) (Expires 8/23/83) Beer and Liquor License Permit Applications Class LaDonna Marter dba Porky's Red Carpet Supper -Club & Lounge, 1409 Newell (Renewal) (Expires 9/1/82) Mary Narey dba Narey's Tenth Hole, Inc., 2073 Logan, (Renewal) (Expires 8/23/83) Linda Beahr dba Airliner Lounge Corp., 3850 Airline Hwy, (old location -new owner) (Expires 9/1/83) Beer and Liquor License Permit Applications -Sunday Sales Class LaDonna Marter dba Porky's Red Carpet Supper -Club & Lounge, 1409 Newell (Renewal) (Expires 9/1/83) Motion carried. 83026 - Moved by Getty, seconded by Bowers that 1 new Cigarette License application be received, placed on file and approved. Motion carried. BONDS 83027 - Moved by Dowie, seconded by Wilharm that report of City Attorney and list of bonds filed with City Clerk through August 23, 1982, be received, placed on file and report and bonds approved. Motion carried. 83028 - Moved by Bowers, seconded by Getty that the Council adjourn., Motion carried. Larry P. Burger City Clerk/Auditor