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HomeMy WebLinkAbout04/12/82i April 12, 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 April 12, 1982. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Invocation by Councilman Bowers. 82144 - Moved by Dowie, seconded by Burton that the Agenda, as amended, for the Regular Session of April 12, 1982, at 7:00 P.M., be accepted and approved. Motion carried. i 82145 - Moved by Burton, seconded by Bowers that the minutes of the Regular Session held April 5, 1982 at 7:00 P.M. be approved. Motion carried. HEARINGS 82146 - Moved by Roehr', seconded by Wilharm that proof of publication of notice of public hearing on F.Y. 1982 Lowder Road Sanitary Sewer Improvement Project, Contract No. 180 as published in the Waterloo Courier on March 24 and 31, 1982 be received and placed on file. Motion carried. 82147 - HOLD HEARING - The Mayor called for written and oral objection. The Deputy City Clerk reported that a petition of opposition had been filed with the Clerk's Office. Ralph Anderson, City Engineer, reported that the petition contained 70% of the property owners within the assessment district opposed to the project. Moved by Burton, seconded by Dowie that petition of opposition from 70% of property owners for F.Y. 1982 Lowder Road Sanitary Sewer Improvement Project, Contract No. 180 be received and placed on file. Motion carried. 82148 - Herbert Zickuhr, 127 Lowder Road, spoke in support of the project, as it is needed for health reasons. A resident of the area asked why the same project had been proposed in 1973 but not constructed. This original proposal called for hooking up the system to the rear of the house.. The current proposal will require that connection be made at the front of the house and have the plumbing within the house reworked. Mayor Rooff suggested that the septic tank problem be addressed. He stated that when the trunk line is constructed, the tile lines from the residences may be blocked off and not reconnected if the level of sewage exceeds the state minimums. If this were the case, the property owners would be required to hook up to sewer immediately. David Balk, 3931 Logan Avenue, asked that if the Lowder Road Sewer Project would be rejected by the residents, if the City will still construct the trunk line which is needed for health problems in the'Big Rock Road area. The Mayor responded that the trunk line will be constructed regardless of the Lowder Road Project. Councilman Penaluna emphasized that if the project is rejected, the property owners will be responsible for paying for future improvements. Roberson Barrow, 169 Andora Drive, spoke in support of the program. Glenn Bowen, 120 Lowder Road, spoke in support of the program. Edna Bellmer, 3454 Logan Avenue, spoke in support of the program. Larry Ackerman, 148 Lowder Road, requested that he be removed from the list of petitioners against the program. Moved by Getty, seconded by Wilharm to receive and file all written and oral comments and that the hearing on the F.Y. 1982 Lowder Road Sanitary Sewer Program, Contract No. 180 be adjourned until Monday, April 12, 1982 at 7:00 P.M. in the City Hall Council Chambers to give the Engineer time to estimate the cost of replacing an average septic tank, repairing a drainage field and the cost of inside plumbing if connection were to April 12, 1982 82148 - Continued. Page Two be made to the public sewer. Motion carried. 82149 - Moved by Getty, seconded by Dowie that proof of publication of notice of public hearing on request of Anita Andries to rezone from "C-1" Commercial to "C-2" Commercial District approximately 1 acre of land generally located 1/4 of a mile north of East Donald Street and east of U.S. Highway 63 be received and placed on file. Motion carried. 82150 - HOLD HEARING - This being the time and place for hearing the Mayor called for written and oral objections and there were none. Moved by Getty, seconded by Wilharm to receive and place on file Zoning Commission's recommendation of denial. Motion carried. 82151 - Anita Andries, owner of property in question, spoke in favor of the request. Scott Frank, Manager of the Guardian Angel Kennel which will occupy the area, spoke of the safety features including high fences and the cleanliness aspects of his proposed operation. In response to questioning by Councilman Getty, Don Temeyer indicated that the Zoning Commission had recommended denial of the request because it was not consistent with the long range plans for the area. Moved by Penaluna, seconded by Burton that "an ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by adding Subsection No. 197, Rezoning Certain Property to Section 2A-511, be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 82152 - Mayor Rooff announced that the Police Liaison Program would be reinstituted in some manner, with the details of the program to be later discussed. Tom Pierce, President of the Waterloo Association of Professional Fire Fighters, requested that the Council consider paying M. Shillinglaw and D. Anderson (both retired members of the Waterloo Fire Department) for 50% of their accumulated sick leave, even though both were, because of health reasons, required to retire prior to completion of fifteen (15) years of service. The labor contract which becomes effective July 1, 1982 stipulates that such a payout will be made after five (5) years of service. Roger Mogle, Personnel Director, stated that the current contract requires fifteen (15) years of service prior to such a payout and that the City was not legally bound to making the payment. Moved by Burton, seconded by Bowers that the above remarks be received, placed on file and "resolution authorizing payment of 50% of accumulated sick leave to M. Shillinglaw and D. Anderson retirees of the Waterloo Fire Department", be adopted. Prior to a vote on this resolution, Councilman Roehr amended the motion to also approve any future request for similar payments. The motion died for lack of a second. A vote on the original motion was taken. Ayes: Six. Nays: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1982-120. UNFINISHED BUSINESS 82153 - Lengthy discussion was heard regarding the issuance of daily citations to buildings in violation of city housing codes. In particular, the Lafayette Bldg. (E. 4th and Lafayette); 410 Washington, and those residences on Lafayette between E. 6th Street and E. 11th Street were discussed as buildings requiring immediate action. o^ If t. April 12, 1982 82153 - Continued. Moved by Bowers, seconded by Wilharm Page Three that the status report from the City Attorney on housing demolitions be received, placed on file and the Building Official instructed to issue citations on the Lafayette Bldg., 614 Washington, and those residences along Lafayette Street between E. 6th Street and E. 11th Street in violation of the city housing code. Ayes: Burton, Bowers, Getty, Wilharm. Nays: Dowie, Penaluna, Roehr. Motion carried. 82154 - Moved by Burton, seconded by Dowie that "resolution awarding contract to Ernster & Co., Inc. in the amount of $8,985.44 for the F.Y. 1982 Peek Street Sanitary Sewer Extension, Contract No. 229", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-121. REPORTS 82155 - Moved by Bowers, seconded by Penaluna that the minutes of the Community Development Board Meeting held on March 9, 1982 be received and placed on file. Motion carried. 82156 - Moved by Penaluna, seconded by Bowers that City Auditor's Statement showing Fund Balance March 1, 1982, $17,454,613.26 + Revenues $3,059,345.71 - Bill Payments $1,202,683.48 - Payrolls - $1,142,393.36 - Commission Bills $188,014.82 - Transfers $566,177.55, Fund Balance March 31, 1982 -- $17,414,689.76, be received, placed on file and approved. Motion carried. DOCUMENTS 82157 - Moved by Bowers, seconded by Dowie that communication from Board of Directors of the Black Hawk Criminal Justice Information System requesting Council approval of a 28E agreement relating to the establishment, maintenance and government of said board be received, placed on file and "resolution authorizing the Mayor to enter into said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-122. RESOLUTIONS TO BE ADOPTED 82158 - Moved by Roehr, seconded by Penaluna that "resolution authorizing the sale of Disposal Parcel No. 42 b & c in the Logan Avenue Urban Renewal Area, Project.No. Iowa R-2", be adopted and Deputy Clerk instructed to publish notice of hearing as May 3, 1982 at 7:00 P.M. in the City Hall Council Chambers. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-123. 82159 - Walter Reed, Executive Director of Neighborhood Housing Services, requested that this program be funded in the amount of $100,000 for the purpose of continuing their rehabilitation loan program in the NHS area. Block Grant funds have been allocated for the past three (3) years for housing rehabilitation in the NHS area. The Department of Housing and Urban Development has recommended that NHS not be funded based upon several inspections of rehabilitated units. The Mayor questioned the inspection standards of HUD. The suggestion was offered to allow NNS to use a portion of the $429,000 specified for rehabilitation loans and that Community Development and NHS formulate a compromise for the use of these funds. April 12, 1982 82159 - Continued. Moved by Penaluna, seconded by Wilharm Page Four 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 Title I of the Housing and Community Development Act of 1974", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-124. 82160 - Moved by Roehr, seconded by Dowie that a report on the progress of the Community Development Board and NHS Board in formulating a solution to the joint use of rehabilitation funds be made to the Council. Ayes: Six. Nays: Roehr. Motion carried. 82161 - Moved by Roehr, seconded by Wilharm that "resolution setting date of hearing as May 3, 1982 at 7:00 P.M. in the City Hall Council Chambers on the proposition of the issuance of not to exceed $1,690,000 of General Obligation Bonds of Waterloo, Iowa for the East Side Parking Ramp", be adopted and instruct Deputy Clerk to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-125. 82162 - Moved by Roehr, seconded by Wilharm that "resolution setting date of hearing as May 3, 1982 at 7:00 P.M. in the City Hall Council Chambers on the proposition of the issuance of not to exceed $810,000 of General Obligation Bonds (for an Essential Corporate Purpose) of Waterloo, Iowa for the East Side Parking Ramp", be adopted and instruct Deputy Clerk to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-126. ORDINANCES TO BE ADOPTED 82163 - Mayor Rooff explained that this ordinance would limit parking to 10 minutes on the south side of Commercial Street between W. 4th and W. 5th Streets. Moved by Bowers, seconded by Penaluna that "an ordinance amending ordinance No. 2644, known as the Traffic Code, by repealing Section 557A, 10 Minute Parking, in its entirety, and enacting in lieu thereof a new Section 557 A, 10 Minute Parking", be received, placed on file and passed for the first tine. Ayes: Six. Nays: Burton. Motion carried. 82164 - Moved by Bowers, seconded by Getty that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Dogie, Bowers, Getty, Penaluna, Wilharm. Nays: Burton, Roehr. Motion NOT carried. (See C.R. #82163 above) 82165 - Moved by Roehr, seconded by Bowers 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 and passed for the second time. Ayes: Seven. Motion carried. -,,'IN April 12, 1982 Page Five 82166 - Moved by Penaluna, seconded by Getty that "an ordinance establishing and designating the boundaries of an Urban Revitalization Area in the City of Waterloo (change in exemption schedule for Neighborhood Housing Services Area)", be received, placed on file and passed for the second time. Ayes: Six. Nays: Wilharm. Motion carried. 82167 - Moved by Getty, seconded by Penaluna that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, the below ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. (See C.R.#82168) 82168 - Moved by Getty, seconded by Roehr that "an ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by repealing Subsection (26) Longfellow Avenue of Section 569, Truck Traffic Prohibited on Certain Streets, and enacting in lieu thereof a new Subsection (26) Longfellow Avenue and by adding Subsection (28a) Midland Drive to Section 569, Truck Traffic Prohibited on Certain Streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3198. 82169 - Moved by Burton, seconded by Dowie that "an ordinance regulating burglar and holdup alarm, business, systems, and users", be received, placed on file and passed for the third time. Ayes: Seven. Motion carried. 82170 - Moved by Bowers, seconded by Getty that "an ordinance regulating burglar and holdup alarm, business, systems, and users", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3199. BILLS - PAYMENT 82171 - Moved by Dowie, seconded by Bowers that "Bills, Resolution, Schedules 'A' and 'B'", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-127. 82172 - Moved by Burton, seconded by Getty that "Resolution authorizing the payment of the following pay estimates for work completed by contractors and amounts indicated together with recommendation for approval: Pay Estimate No. 1 - Former East Side Library Renovation, Meyers Sheet Metal Works, Inc. -- $4,950.00 Pay Estimate No. 2 - Former East Side Library Renovation, Ideal Electric -- $1,920.42 Pay Estimate No. 2 - Former East Side Library Renovation, Jens Olesen & Sons Construction -- $10,355.00 Pay Estimate No. 3 - Lincoln-Ackermant Area Storm Sewer & Sanitary Sewer Improvements, Stage II, Contract No. 214, Hurst Excavating, Inc. -- $36,220.65", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-128. April 12, 1982 NEW BUSINESS 82173 - Moved by Roehr, seconded by Bowers Page Six that communication from Motor Vehicle Parking Facilities Superintendent reporting resignation of James Baruth effective April 8, 1982 and entitlement of 1 daffy personal day pay, 10 days vacation pay and 36 days of sick pay be received, placed on file and "resolution approving payment of $1,721.44 personal, vacation and sick pay to James Baruth, Motor Vehicles Parking Facilities Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-129. Attend Functions: 82174 - Moved by Wilharm, seconded by Dowie teat the following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Assistant City Attorney to attend NIMLO Seminor on Municipal Litigation, Washington, D.C., April 25 - 27, 1982 -- $838.00 Clerk/Auditor, Deputy Auditor to attend Iowa Municipal Finance Officers Association, Des Moines, Iowa, April 21 - 23, 1982 -- $175.00 each, plus use of City vehicle Supt. of Parks to attend Annual Iowa Park and Recreation Conference, Des Moines, Iowa, April 20 - 22, 1982 -- $339.00 Aries: Seven. Motion carried. MISCELLANEOUS 82175 - 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 & Liquor License Permit Application C Fass To—RT7p, Inc., 1927 Jefferson (Old location- New Owner)(4/15/83) Beer Permit License Application C ass Fa1Ts load Drug dba Bertch Pharmacies, Inc., 2027 Fells Ave. (New)(5/1/83) Sunday Sales - Beer Permit License Application Class Tabs Road Drug dba Bertch Pharmacies, Inc. 2027 Falls Ave. (New)(5/1/83) Motion carried. 82176 - Moved by Burton, seconded by Dowie teat the following applications for Ambulance Attendant and Attendant Driver Permit ba received, placed on file and approved: Keevin Barkhoff, 1327 Edgewood Drive Doug Kroells, 913 Wellington Motion carried. 82177 - Moved by Getty, seconded by Roehr One (1) new Cigarette License Permit, be� received, placed on file, and granted. Motion carried. April 12, 1982 Page Seven BONDS 82178 - Moved by Bowers, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through April 12, 1982, be received, placed on file and report and bonds approved. Motion carried. 82179 - Moved by Wilharm, seconded by Burton that the Council adjourn to meet as Board of Health. Motion carried. BOARD OF HEALTH The Council of the City of Waterloo, Iowa, met as the Board of Health in Council Chambers in City Hall at 8:00 P.M., on April 12, 1982. Mayor Rooff in the Chair. On Roll Call: Present: Dowie, Burton, Bowers, Getty, Penaluna, Roehr, Wilharm. 82180 - Bill Hoffman, Director of Health and Sanitation, reported that in addition to the sanitary sewer needs in the Lowder Road area, there is also a need for a public water supply here and north on Logan Avenue. Larva siting has begun for mosquito control. Moved by Bowers, seconded by Getty to receive and file the above remarks. Motion carried. 82181 - Moved by Wilharm, seconded by Bowers to adjourn into Executive Session to discuss labor negotiations. Ayes: Seven. Motion carried. EXECUTIVE SESSION 82182 - Moved by Dowie, seconded by Roehr to adjourn the Executive Session and meet in regular session. Motion carried. 82183 - Moved by Getty, seconded by Wilharm that the Council adjourn. Motion carried. Michelle Temeyer Deputy City Clerk