HomeMy WebLinkAbout08/18/1986August 18, 1986
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 18, 1986.
Mayor Bernard L. McKinley in the Chair. Roll call: Angel, Budak, Dowie,
Lichty, Miller, Seeber and Wright.
Invocation by: The Honorable Mayor Bernard L. McKinley.
Pledge of Allegiance: August Lifferth, Matthew Clune and Steven Bartholf,
Pack 548.
89641 - Moved by Angel, seconded by Wright
that the Agenda, as amended, for the Regular Session of August 18, 1986 at
7:00 p.m., be accepted and approved.
Motion carried.
89642 - Moved by Miller, seconded by Dowie
that the Minutes of the Regular Session held August 11, 1986 at 7:00 p.m., be
approved, as amended.
Motion carried.
HEARINGS & BIDS
89643 - Moved by Dowie, seconded by Miller
that "Resolution with respect to the adoption of the Resolution of Necessity
(proposed) for the Waterloo, Iowa, F.Y. 1987 Paving Program, Contract No.
298", be adopted and that Resolution No. 1986-447 adopted by the Waterloo
City Council on July 28, 1986 be and the same hereby repealed. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-488.
89644 - Moved by Dowie, seconded by Miller
that proof of publication of notice of public hearing on plans,
specifications, etc., and taking of bids for the F.Y. 1987 Paving Program,
Contract No. 298 as published in the Waterloo Courier on August 1, 1986 be
received and placed on file.
Motion carried.
89645 - HOLD HEARING --This being the time and place of public hearing, the Mayor
called for oral and written objections and there were none.
Moved by Miller, seconded by Wright
that "Resolution adopting plans, specifications, form of contract and
estimate of costs for the F.Y. 1987 Paving Program, Contract No. 298", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-489.
89646 - Moved by Miller, seconded by Angel
to receive, file, and instruct Clerk/Auditor to open and read bids, and refer
to the City Engineer for review and recommendation (see C.R. 89676 for award
of contract):
BIDDER
BID BOND BID AMOUNT
OR Base Bid + Base Bid +
CERTIFIED Alternate A Alternate B
CHECK (Asphalt) (Concrete)
ASPRO, Inc. 5% $108,667.07 N/B
Cedar Valley Corp. 5% N/B $112,075.02
Denman Phillips Constr. $8,455.78 N/B $169,115.62
Youngblut Contracting 5% N/B $106,528.30
Motion carried.
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August 18, 1986 Page Three
PETITIONS FROM PUBLIC
89652 - In response to several questions from Councilperson Miller, Tom Green
representing Allied Construction Company, Inc., indicated that the award of
the Kimball Avenue Project to his firm will not inhibit meeting the
conditions of the Conditional Zoning, specifically that the plant be removed
by December 31, 1986.
Moved by Miller, seconded by Seeber
that communication from Planning, Programming and Zoning Commission
transmitting request of Allied Construction Company, Inc., that Condition No.
7 as contained in Ordinance No. 3428 an Ordinance adding Subsection No. 8 to
Section 2A -7-N, Conditional Zoning to allow the use of property generally
located southeasterly of East San Marnan Drive and northerly of Murphy Road
extended for use as a temporary concrete batch plant to be used in
conjunction with the San Marnan Reconstruction Project be amended by allowing
this site to be used to provide materials for the Kimball Avenue North
Project, together with a recommendation of approval of the Planning,
Programming and Zoning Commission be received, placed on file and "Resolution
amending Condition No. 7 of Ordinance No. 3428 to allow Allied Construction
Company, Inc., to use said site to provide materials for the Kimball Avenue
North Project until December 31, 1986", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-492.
89653 - Moved by Miller, seconded by Seeber
that communication from Planning, Programming and Zoning Commission
transmitting the request of Richard Allis, 1211 Ingersoll Road to reduce an
existing eight (8) foot utility easement to five (5) foot along the rear
portion of his yard to allow the construction of a detached garage together
with recommendation of approval be received, placed on file and "Resolution
setting date of hearing as September 2, 1986 at 7:00 p.m. in the City Hall
Council Chambers on above described request", be adopted and Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-493.
89654 - Moved by Miller, seconded by Seeber
that communication from Planning, Programming and Zoning Commission
transmitting the request of Dr. Patrick Collison to vacate, sell and convey a
triangular portion of the alley adjacent to Maryland Avenue and to the rear
of the property located at 183 Lovejoy Avenue together with recommendation of
approval be received, placed on file and "Resolution setting date of hearing
as September 2, 1986 at 7:00 p.m. in the City Hall Council Chambers on above
described request", be adopted and Clerk/Auditor instructed to publish notice
of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-494.
89655 - Moved by Miller, seconded by Seeber
that communication from City Engineer transmitting the request of Harry C.
Robinette, to construct a temporary concrete driveway, without regard to
sidewalk grade, to be located at 1331 Lyon Avenue together with
recommendation of approval and subject to conditions as contained in the
City Engineer's letter of August 14, 1986 be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-495.
89656 - Moved by Miller, seconded by Seeber
that communication from City Planner transmitting the request of Cedar Valley
Corporation of Waterloo, Iowa, for variance to Chapter 25.5 of the Noise
Control Ordinance in conjunction with sawing of concrete streets for Kimball
Avenue (South) (IX -6641(5)--79-07), together with recommendation of approval
be received, placed on file and "Resolution approving a variance to said
Noise Control Ordinance for Kimball Avenue (South)", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-496.
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August 18, 1986 Page Five
DOCUMENTS (Continued)
89663 - Moved by Miller, seconded by Dowie
that communication from City Planner transmitting recommendation on approval
of Award of Contract for Kimball Avenue from San Marnan Drive to the south
Corporate Limits (IX -6641(5)--79-07) to Cedar Valley Corporation of Waterloo,
Iowa, in the amount of $1,363,348.90 be received, placed on file and
"Resolution awarding said Conract to Cedar Valley Corporation", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-501.
89664 - Moved by Miller, seconded by Dowie
that communication from City Planner transmitting contract for appraisal
services for advanced acquisition of properties known as 203 Williston and
209 Williston with Al Little for the Sixth Street Extension
(IX -6604(2)--79-07), together with recommendation of approval be received,
placed on file and "Resolution approving said Contract", be adopted and Mayor
and Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-502.
RESOLUTIONS TO BE ADOPTED
89665 - The request of the Waterloo Greyhound Park Facility for an additional
$150,000.00 loan for completion of the dog track was brought to the floor for
dicussion.
Councilperson Seeber asked that the City Attorney determine whether or not it
was legal for the Board of Directors to let the project for the facility
without public bid, particularly since public funds were used to build the
facility.
,,City Attorney Hugh M. Field indicated that the prior City attorney had
rendered an opinion indicating that the provisions of the Davis -Bacon Act
concerning payment of the prevailing wage rate for workers on the .job is not
necessary.
Councilperson Lichty indicated that several constituents had asked that she
inquire whether or not the persons who had pledged $25,000.00 to the facility
had paid and whether these proceeds had first been used. Augie
Masciotra, Manager of the Greyhound Facility, indicated that all pledges have
been received and are being used.
Councilperson Budak indicated that he opposed the additional loan money
because the contract had not been put up for public bid and that the Board of
Directors has already begun the enlargement of this facility without securing
appropriate funding: however, he hoped that the dog track facility enjoyed
success after its opening.
Moved by Dowie, seconded by Wright
that "Resolution authorizing the Mayor and City Clerk/Auditor to execute
necessary documents to revise the City's loan and mortgage with the Waterloo
Greyhound Park/National Cattle Congress for an additional $150,000.00 loan
for said facility", be adopted. Ayes: Five. Nays: Budak and Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1986-503.
89666 - Moved by Dowie, seconded by Wright
that "Resolution endorsing the Anita and Louise Street Reconstruction
Project and authorizing submission of application to the Iowa Department of
Transportation for RISE funding (Revitalize Iowa's Sound Economy)", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-504.
August 18, 1986 Page Six
RESOLUTIONS TO BE ADOPTED (Continued)
89667 - Moved by Dowie, seconded by Wright
that "Resolution endorsing the Greyhound Drive - Phase III (Competitive
Rating Funding) and authorizing submission of application to the Iowa
Department of Transportation for RISE Funding (Revitalize Iowa's Sound
Economy)", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-505.
89668 Moved by Dowie, seconded by Wright
that "Resolution endorsing W.C.F. R N. Drive - Phase III and authorizing
submission of application to the Iowa Department of Transportation for RISE
funding (Revitalize Iowa's Sound Economy)", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-506.
ORDINANCES TO BE ADOPTED
89669 - Moved by Miller, seconded by Lichty
that "an Ordinance amending Ordinance No. 2479, as amended, by adding
Subsection No. 9 to Section 2A -7-N Conditional Zoning (Rezone from "C-1"
Commercial District to "C -Z" Conditional Zoning property located at the
northwest corner of the intersection of West Ninth Street and San Marnan
Drive --Tim Lind)", be received, placed on file, passed and considered for the
second time. Ayes: Six. Nays: Angel.
Motion carried.
89670 - Moved by Miller, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended, and that the following ordinance be recorded as
having been considered and passed for the second and third times and now
placed on its final adoption. Ayes: Six. Nays: Angel.
Motion carried.
89671 - Moved by Miller, seconded by Wright
that "an Ordinance amending Ordinance No. 2479 by adding Subsection No. 9 to
Section 2A -7-N, Conditional Zoning", be adopted. Ayes: Six. Nays: Angel.
Ordinance adopted and upon approval by Mayor assigned No. 3446.
BILLS PAYMENT
89672 - Moved by Dowie, seconded by Miller
that "Resolution approving Schedule A, copies of which are filed in the
Clerk/Auditor's Office", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-507.
89673 - Moved by Wright, seconded by Miller
that the following requests for travel with expenses not to exceed amount
shown be received, placed on file and approved:
Travel Requests
1. David M. Keidel, Chief Housing Inspector, to attend the Iowa Association
of Housing Officials Existing Housing Seminar in Des Moines, Iowa, on
September 17, 18 and 19, 1986; cost not to exceed $336.55.
2. Bill Hermanson, Police Officer, to attend the Crime Prevention Seminar in
Portland, Oregon, on October 1 - 4, 1986; No cost to City.
Motion carried.
August 18, 1986 Page Seven
MISCELLANEOUS
89674 - Moved by Wright, seconded by Miller
that the following applications for Beer and Liquor Licenses, Beer
Garden/Outdoor Cafe Applications and Cigarette License Renewal be received,
placed on file, and endorsed applications forwarded to the Iowa Beer and
Liquor Control Department be approved:
1. Beer Garden/Outdoor Cafe Applications
Class C
Up-downtowners of Waterloo, Iowa, 229 W. 5th Street (Expires 09/06/86)
Waterloo Jaycees, 612 Jefferson (Expires 09/06/86)
Holiday Inn Civic Center, W. 4th & Commercial Streets - August 23 &
October 11, 1986 (Expires 09/06/86 and 10/25/86)
2. Beer & Liquor Permit Application
Class E
Gordy's, Inc. dba County Market, 1411 Flammang Drive (Expires 08/29/87)
(Includes Sunday Sales)
Nino's, 3551 University (Includes Sunday Sales) (Expires 08/20/87)
929 Tap, 929 W. 5th Street (Expires 09/10/87)
3. Cigarette License
One (1) renewal.
Motion carried.
BONDS
89675 - Moved by Angel, seconded by Lichty
that the report of City Attorney and list of bonds filed with Clerk through
August 18, 1986, be received, placed on file and report and bonds approved.
Motion carried.
89676 - City Engineer, Eric Thorson, reported that the bid of Youngblut Contracting,
Inc., in the amount of $106,528.30 was low bid for the F.Y. 1987 Paving
Program, Contract No. 298 and that this bid should be awarded.
Moved by Seeber, seconded by Miller
that "Resolution awarding contract to Youngblut Contracting, Inc., in the
amount of $106,528.30 for the F.Y. Paving Program, Contract No. 298", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-508.
89677 - City Engineer, Eric Thorson, reported that the bid of Rampart Corporation
Inc., in the amount of $161,727.50 was low bid for the F.Y. 1987 Construction
of North Hackett Road and Niagara Drive Culvert Replacements, Contract No.
305, and that this bid should be awarded.
Moved by Seeber, seconded by Miller
that "Resolution awarding contract to Rampart Corporation, Inc., in the
amount of $161,727.50 for the F.Y. 1987 Construction of North Hackett Road
and Niagara Drive Culvert Replacements, Contract No. 305", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-509.
89678 - Councilperson Seeber expressed that the news media had more information than
the Council concerning the Executive Session, therefore, he questioned why an
Executive Session was necessary.
Hugh M. Field, City Attorney, indicated that City staff had met with
0. J. Keiper, owner of the Ellis Hotel, and had given him a deadline of
Friday, August 15, 1986 to respond to an offer from the City. Mr. Keiper has
not yet responded, therefore, litigation could be possible. He indicated
that this Executive Session was authorized under Iowa Code Section 21A.5(c).
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