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HomeMy WebLinkAbout02/22/82February 22, 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 February 22, 1982. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Burton, Dowie. Absent: Bowers. Invocation by Councilman Getty. 81961 - Moved by Roehr, seconded by Burton that the Agenda, as proposed, for the Regular Session of February 22, 1982, at 7:00 P.M., be accepted and approved. Motion carried. 81962 - Moved by Wilharm, seconded by Dowie that the minutes of the Special Session held February 15, 1982 at 5:30 P.M. be approved. Motion carried. 81963 - Moved by Burton, seconded by Getty that the minutes of the Regular Session held February 15, 1982 at 7:00 P.M. be approved. Motion carried. ORAL PRESENTATIONS 81964 - Mayor Rooff stated that Council vote taken under C.R.# 81928 of February 15, 1982 relating to the closing of Fire Station No. 2 was binding and legal and that the 3-2 vote in favor of the motion was to be declared carried. Councilman Burton presented additional petitions of persons opposed to the closing of Fire Station No. 2. It was moved by Burton, seconded by Dowie to receive and file the above petition. The motion carried. 81965 - Richard McCalley, 1317 Hawthorne Avenue, asked why the City was taking away from the area of safety. He stated that the neighborhood is losing many benefits with the closing. Mayor Rooff responded by saying that at the end of six (6) months, a long hard look would be taken to determine whether a permanent closing is warranted. A representative of Yellow Cab Company asked that certain increases be allowed them, including pick-up and delivery rates. The Mayor stated that such a request would require an ordinance revision, as well as a formal request in writing. A resident suggested that as an alternative to the Fire Station closing, a fund be established and contributed to on a City-wide basis. Such a fund could be utilized for the paramedic training. Ruby Joels, 1221 Glenny Avenue, relayed incidences in which patients of the City ambulance service had received excellent care and therefore questioned why the upgraded service was necessary. Mrs. Mike Baker, 1300 Byron, asked why the paramedic program is needed when we have three (3) hospitals that can perform the needed services. She also questioned how the City can justify paying overtime wages to the Police Department and not the Fire. Mayor Rooff plainly stated that in no way would he be pitted between the Police and Fire Department and that the subject at hand was the discussion of the closing of Fire Station No. 2. Chief Olson stated that the secret to early detection of fires is in the use of smoke alarms. Tom Pierce, President of the Fire Fighters Union, asked what the status of the Union's contract was in regard to its ratification (See C.R.#81951 of 2/15/82). Mayor Rooff explained that passage of a resolution required majority approval of all Council Mem- bers and therefore the 3-2 vote taken on 2/15/82 was not adequate for passage. A member of the prevailing side or an absent Council member could bring the matter to the February 22, 1982 Page 2 81965 - Continued. floor for reconsideration. Jim Jensen, 1120 Ackermant, complained of the poor road conditions on Ackermant due to the storm sewer repair work in the area. Mayor Rooff asked the Street Department to review the situation with the contractors, Cedar Valley Corporation. F. J. Lynch, 1181 Cornwall, stated that he would sacrifice many City services but regreted sacrificing Police or Fire protection. Moved by Burton, seconded by Penaluna that "resolution authorizing execution of collective bargaining agreement with Firefighters Local No. 66 for the contract period July 1, 1982 to June 30, 1983", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor assigned No. 1982-71. PETITIONS FROM PUBLIC 81966 - Moved by Burton, seconded by Getty that communication from Planning Director recommending approval of partial tax exemption on the actual value added to the real estate located at 616 Newell within the NHS Urban Revitalization Area be received, placed on file and "resolution recommending approval of application of 616 Newell for partial tax exemption on the actual value added to the real estate located at 616 Newell", be adopted and Clerk instructed to forward said application to the City Assessor for final determination of tax exemption. Ayes: Four. Nays: Roehr, Wilharm. Absent: Bowers. Resolution adopted and upon approval by Mayor assigned No. 1982-72. REPORT 81967 - Moved by Roehr, seconded by Dowie that 1981 Annual Report of the Waterloo Park Commission be received and placed on file. Motion carried. DOCUMENTS 81968 - Moved by Roehr, seconded by Wilharm that communication from Community Development Administrator transmitting easement agreements for 616 Peek Street and 601 Peek Street in connection with the Peek Street Sanitary Sewer Extension Program, Contract No. 229 be received, placed on file and "resolution authorizing execution of easement agreements in connection with the Peek Street Sanitary Sewer Extension Program", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor assigned No. 1982-73. RESOLUTION TO BE ADOPTED 81969 - Moved by Penaluna, seconded by Wilharm that "resolution transferring from the Tax Increment Financing Fund the sum of one hundred four thousand three hundred eighty dollars ($104,380.00) to the Debt Service Fund", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor assigned No. 1982-74. Now February 22, 1982 Page 3 ORDINANCES TO BE ADOPTED 81970 - Moved by Dowie, seconded by Burton that "an ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by repealing Part XII, "C-1 Commercial District"; Part XIII, "C-2 Commercial District"; Part XIV, "C-3 Commercial District"; and enacting in lieu thereof new Subsections", be received, placed on file and passed for the second time. Ayes: Six. Absent: Bowers. Motion carried. 81971 - Moved by Getty, seconded by Wilharm 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: Six. Absent: Bowers. Motion carried. 81972 - Moved by Wilharm, seconded by Burton that "an ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by repealing Part XII, "C-1 Commercial District"; Part XIII, "C-2 Commercial District"; Part XIV, "C-3 Commercial District"; and enacting in lieu thereof new Subsections", be adopted. Ayes: Six. Absent: Bowers. Ordinance adopted and upon approval by Mayor assigned No. 3192. 81973 - Moved by Roehr, seconded by Dowie 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: Six. Absent: Bowers. Mot4on carried. (See C.R.# 81974 relating to grade ordinance, Contract No. 223) 81974 - Moved by Dowie, seconded by Wilharm that "an ordinance establishing grades for the F.Y. 1982 Paving Program, Contract No. 223", be adopted. Ayes: Six. 'Absent: Bowers. Ordinance adopted and upon approval by Mayor assigned No. 3193. 81975 - Moved by Wilharm, 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: Six. Absent: Bowers. Motion carried. (See C.R.#81976 relating to Connection Charges) 81976 - Moved by Penaluna, seconded by Roehr that "an ordinance amending Chapter 34, Code of Ordinances, City of Waterloo, Iowa, by repealing Subsections (a) (4) and 5 of Section 34-53.1, Connection Charges, and enacting new Subsections (a) (4), �a� a�5;, and (a) (6) to Section 34-53.1, Connection Charges", be adopted. Ayes: Six. Absent: Bowers. Ordinance adopted and upon approval by Mayor assigned No. 3194. 81977 - Moved by Wilharm, 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: Six. Absent: Bowers. Motion carried. (See C.R.#81978 relating to Subsection No. 196 of Ordinance No. 2479, as amended) I February 22, 1982 j 81978 - Moved by Roehr, seconded by Getty Page 4 that "an ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by adding Subsection No. 196, Rezoning Certain Property to Section 2A-5", be adopted. Ayes: Six. Absent: Bowers. Ordinance adopted and upon approval by Mayor assigned No. 3195. 81979 - Moved by Roehr, seconded by Dowie 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: Six. Absent: Bowers. Motion carried. (See C.R.# 81980 relating to Title and Purpose Section of Ordinance No. 2479, as amended) 81980 - Moved by Wilharm, seconded by Getty that "an ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by repealing Part I, Subsection 2A-1 - Title; and enacting in lieu thereof new Subsection 2A-1 - Title and Purpose", be adopted. Ayes: Six. Absent: Bowers. Ordinance adopted and upon approval by Mayor assigned No. 3196. BILLS - PAYMENT 81981 - Moved by Dowie, seconded by Wilharm that "Bills, Resolution, Schedule 'A'", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor assigned No. 1982-75. 81982 - Moved by Burton, seconded by Dowie that "Resolution authorizing the payment of the following statements for work completed by companies and amounts indicated together with recommendation for approval: Design Development Ramp Model for Conway Vicinity Parking Ramp Project, Flinn Saito Andersen, Architects -- $1,905.79 F.Y. 1982 East San Marnan at Sears Street and Penneys Street Improvements, Con. No. 230, Schenk Engineering Company -- $5,905.20", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor assigned No. 1982-76. NEW BUSINESS 81983 - Moved by Dowie, seconded by Burton that communication from Plan and Program Commission transmitting Fiscal Year 1983 Budget for the City of Waterloo be received, placed on file and "resolution setting date of hearing as March 2, 1982 at 7:00 P.M. in City Hall Council Chambers for Fiscal Year 1983 Budget for the City of Waterloo", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor assigned No. 1982-77. 81984 - Moved by Getty, seconded by Penaluna that communication from Police Chief submitting list of Police Department personnel eligible for clothing allowance for the second half of 1981-1982 fiscal year be received, placed on file and "resolution approving certain persons in the Police Department eligible for clothing allowance for the second six months of F.Y. 1982 in the amount of $200.00 each", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor assigned No. 1982-78. 81985 - Moved by Penaluna, seconded by Wilharm that communication from Mayor Leo P. Rooff recommending reappointment of Bernard Stroh to the Community Development Board with term expiration of March 1, 1987 be received, placed on file and appro--4. Motion carried. 11"N February 22, 1982 Page 5 81986 - Moved by Roehr, seconded by Burton that communication from Director of Parks reporting retirement of LaVern Staley effective February 18, 1982 and entitlement of 178 1/2 hours vacation pay, and 960 hours sick pay be received, placed on file and "Resolution approving payment of $8,948.61 vacation and sick pay to LaVern Staley, Park Department", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor assigned No. 1982-79. 81987 - Councilman Dowie presented the concensus of the Finance Committee in recommending approval of the implementation of an accrual accounting system. Moved by Dowie, seconded by Burton to authorize implementation of the Accrual Accounting System for the City of waterloo be received, placed on file and approved. Motion carried. Attend Functions: 81988 - Moved by Burton, seconded by Dowie that the following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Two Park Commission members to attend the Annual Shade Tree Short Course, Iowa State University Campus, Ames, Iowa, February 23 - 24, 1982 -- $125.00 Animal Control Officer to attend Iowa Rabies Symposium, Ames, Iowa, February 26, 1982 -- $25.00, plus use of City vehicle Ayes: Six. Absent: Bowers. Motion carried. MISCELLANEOUS 81989 - Moved by Wilharm, seconded by Roehr 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 Permit License Applications Class C Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 306 Byron Ave. (Renewal)(3/24/83) Roth R. Bryant dba B & M Grocery, 920 Southview (Renewal)(2/23/83) Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 950 West Parker St. (Renewal)(3/24/83) Sunday Sales - Beer Permit License Applications Class C Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 306 Byron Ave. (Renewal)(3/24/83) Roth R. Bryant dba B & M Grocery, 831 Mobile (Renewal)(2/23/83) Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 950 West Parker St. (Renewal)(3/24/83) Motion carried. 81990 - Moved by Getty, seconded by Roehr One (1) new Cigarette License Permit, be received, placed on file, and granted. Motion carried. February 22, 1982 BONDS Page 6 81991 - Moved by Burton, seconded by Wilharm that report of City Attorney and list of bonds filed with Clerk through February 22, 1982, be received, placed on file and report and bonds approved. Motion carried. 81992 - Moved by Dowie, seconded by Roehr to meet in Executive Session to discuss the grievance filed by Police Officer Jack Stainbrook. Ayes: Six. Absent: Bowers. Motion carried. The City Attorney stated that he approves this action under Section 28A.5 of the Code of Iowa. EXECUTIVE SESSION 81993 - Moved by Burton, seconded by Dowie to adjourn Executive Session. Motion carried. 81994 - Moved by Burton, seconded by Wilharm to deny the grievance of Police Officer Jack Stainbrook. Ayes: Dowie, Burton, Penaluna, Roehr, Wilharm. Nays: Getty. Absent: Bowers. Motion carried. 81995 - Moved by Roehr, seconded by Burton that the Council adjourn. Motion carried. Larry P. Burger City Clerk