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HomeMy WebLinkAbout08/26/91August 26, 1991 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 26, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Budak, Brown. Absent: Wright. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Jim Rodemeyer, Personnel Director 98087 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on August 26, 1991, at 7:00 p.m., and the Minutes of the Regular Session on August 19, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 98088 - Moved Buck, seconded by Fox that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405, as published in the Waterloo Courier on August 16, 1991, be received and placed on file. Motion carried. 98089 - 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 Fox, seconded by Budak that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-558. 98090 - Moved by Angel, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-559. 98091 - Moved by Angel, seconded by Dell to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award of contract delayed): Bidder Bid Bond Bid Amount Weichers Construction, Cedar Falls, IA 5% $20,650.00 Motion carried. ASSESSMENT HEARING 98092 - Moved by Fox, seconded by Brown that proof of publication of notice of public hearing on F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract No. 411, as published in the Waterloo Courier on August 9 and August 16, 1991, be received and placed on file. Motion carried. 98093 - 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 Budak, seconded by Buck that the hearing be closed and "Resolution of Necessity, as proposed for the F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract No. 411", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-560. August 26, 1991 Page 2 UNFINISHED BUSINESS 98094 - Joe Fox, Chairperson of the Public Works Committee, noted that the committee had reviewed the contract and bid received from Rampart Corporation in the amount of $98,577. It was their recommendation that the bid be rejected and the contract rebid after the first of the year for construction in the early spring. Moved by Fox, seconded by Buck that communication from City Engineer transmitting recommendation of award of contract to Rampart Corporation of Waterloo, Iowa in the amount of $98,577.00 for the F.Y. 1991 Storm Sewer Improvements, Contract No. 414, be received, placed on file and recommendation of the Public Works Committee to reject said bid and rebid at a later time be approved. Ayes: Six. Absent: Wright. Motion carried. PETITIONS FROM PUBLIC 98095 - Councilperson Angel asked what the hours of operation would be for Youngblut Contracting, Inc. in conjunction with the F.Y. 1992 Street Reconstruction Program - No. 1, Contract No. 429. Eric Thorson, City Engineer, reported that the variance would allow for sawing of the concrete 24 hours a day, if necessary. Moved by Buck, seconded by Angel that communication from City Engineer transmitting request of Youngblut Contracting, Inc. for variance to Chapter 25.5 of the Noise Control Ordinance from August 27 through November 22, 1991 in conjunction with F.Y. 1992 Street Reconstruction Program - No. 1, Contract No. 429, together with recommendation of approval, be received, placed on file, and "Resolution approving said request", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-561. 98096 - Councilperson Angel questioned whether this variance only pertains to Youngblut Contracting, Inc. Eric Thorson, City Engineer, stated that the variance only applies to the contractor to complete this job. Moved by Buck, seconded by Angel that communication from City Engineer transmitting request of Youngblut Contracting, Inc. for a variance to Ordinance No. 2644, Section 569, to allow truck traffic on Rainbow Drive between Greenhill Road and Kelly Court from August 27 through November 22, 1991 in conjunction with F.Y. 1992 Street Reconstruction Program - No. 1, Contract No. 429, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-562. 98097 - Moved by Buck, seconded by Angel that communication from City Engineer transmitting request of Jack Witchelo for a temporary concrete driveway to be located at 3339 West Ridge, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-563. 98098 - Moved by Buck, seconded by Angel that communication from City Engineer transmitting request of James R. Blackledge, Jr. for a temporary concrete driveway to be located at 101 Belleview Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-564. August 26, 1991 Page 3 Petitions from Public - continued 98099 - Moved by Buck, seconded by Angel that communication from City Planner transmitting signage request from Sandee's Limited to temporarily place signs on city right-of-way in conjunction with Relocated U.S. Highway 218 Project, IX -218-7(78)--3P-07, together with recommendation of approval subject to hold harmless agreement, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-565. 98100 - Moved by Buck, seconded by Angel that communication from City Planner transmitting minor site plan amendment request of Norwest Bank facility located at 3065 Kimball Avenue to expand the existing building, relocate drive -up area, replace some existing asphalt with sod and increase the number of parking spaces from 17 to 35, together with recommendation of approval, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Five. Abstain: Brown. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-566. REPORTS 98101 - Moved by Budak, seconded by Buck that communication from Clerk/Auditor transmitting Reimbursement Policy for Civil Litigation for Police and Fire Departments, be tabled. Motion carried. DOCUMENTS 98102 - Moved by Budak, seconded by Buck that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Borwig Building Service of Waterloo, Iowa in the amount of $30,953.15 for the F.Y. 1992 Sidewalk Repair Block Grant Program - Zone 3, Contract No. 410, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-567. 98103 - Moved by Budak, seconded by Buck that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Youngblut Contracting, Inc. of Washburn, Iowa in the amount of $483,998.00 for the F.Y. 1992 Street Reconstruction Program - No. 1, Contract No. 429, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-568. 98104 - Moved by Budak, seconded by Buck that communication from City Planner transmitting agreement with Brice, Petrides -Donohue for construction -related services in conjunction with Relocated U.S. Highway 218, IX -218-7(117)--3P-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-569. August 26, 1991 Page 4 Documents - continued 98105 - Moved by Budak, seconded by Buck that communication from City Planner transmitting agreement with Brice, Petrides -Donohue for construction -related services in conjunction with West Mullan Area Road Improvements, Contract No. 421, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-570. 98106 - Al Manning, 919 Fairview Avenue, questioned whether city staff could perform the services provided for in the contract with Brice, Petrides -Donohue. Don Temeyer, Planning & Development Director, stated that staff is capable of performing these services but cannot do so because of other project commitments. Moved by Budak, seconded by Buck that communication from City Planner transmitting agreement with Brice, Petrides -Donohue for construction -related services in conjunction with West Fourth Street Sidewalk and Lighting Improvements, Contract No. 422, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-571. 98107 - Moved by Budak, seconded by Buck that communication from City Planner transmitting Contracts, Bonds and Certificates of Insurance from Cunningham Construction Incorporated of Cedar Falls, Iowa in the amount of $213,462.39 for the West Mullan Area Road Improvements, Contract No. 421, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-572. 98108 - Moved by Budak, seconded by Buck that communication from Budget Analyst transmitting a proposed lease -purchase agreement with Norwest Investment Services for calendar year 1991 in an amount not to exceed $700,000 for lease -purchase of vehicles and equipment for various city departments, together with the form of Tax Exemption Certificate, be received, placed on file and Resolution approving said lease -purchase agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Abstain: Brown. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-573. RESOLUTIONS TO BE ADOPTED 98109 - Moved by Angel, seconded by Brown that "Resolution setting date of hearing as September 9, 1991, at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance to Powers Engineering and Manufacturing, Ltd. property generally located off W.C.F.&N. Drive containing approximately 1.83 acres in conjunction with Power/W.C.F.&N Rise Project, Contract No. 417", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-574. August 26, 1991 Page 5 Resolutions to be Adopted - continued 98110 - Moved by Angel, seconded by Brown that "Resolution approving the preparation and submission of an application for Rental Rehabilitation Assistance to the State of Iowa for federal assistance under Section 17 of the United States Housing Act of 1937", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-575. ORDINANCES TO BE ADOPTED 98111 - Moved by Buck, seconded by Fox that "an Ordinance dividing the City of Waterloo, Iowa into wards and precincts and repealing certain ordinances", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Wright. Motion carried. 98112 - Moved by Brown, seconded by Budak that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Wright. Motion carried. 98113 - Moved by Fox, seconded by Dell that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Wright. Motion carried. 98114 - Moved by Fox, seconded by Angel that "an Ordinance dividing the City of Waterloo, Iowa into wards and precincts and repealing certain ordinances", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3814. 98115 - Moved by Budak, seconded by Brown that "an Ordinance amending the 1988 Traffic Code of the City of Waterloo, Iowa, by repealing Section 485, Vision Obstruction; and enacting in lieu thereof a new Section 485, Windshields and Windows (vision obstruction of windshields and windows)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Wright. Motion carried. 98116 - Moved by Buck, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Wright. Motion carried. 98117 - Moved by Brown, seconded by Budak 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. Absent: Wright. Motion carried. 98118 - Moved by Fox, seconded by Buck that "an Ordinance amending the 1988 Traffic Code of the City of Waterloo, Iowa, by repealing Section 485, Vision Obstruction; and enacting in lieu thereof a new Section 485, Windshields and Windows (vision obstruction of windshields and windows)", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3815. August 26, 1991 Page 6 BILLS PAYMENT 98119 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-71, in the amount of $2,022,806.26, dated August 26, 1991, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-576. NEW BUSINESS 98120 - Moved by Budak, seconded by Dell to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract No. 411, be received, placed on file and approved. Motion carried. 98121 - Moved by Budak, seconded by Dell that plans, specifications, form of contract, etc., for the F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract No. 411, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-577. 98122 - Moved by Budak, seconded by Dell Lhat "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as September 9, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-578. 98123 - Moved by Budak, seconded by Dell that communication from Director of Parks & Forestry transmitting recommendation of appointment of Kathleen Unger to the position of Park Maintenance I, subject to passing physical examination, be received, placed on file and approved. Motion carried. Travel Request 98124 - Moved by Fox, seconded by Buck that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Sang -Ki Han, Assistant City Attorney, to attend Using Legal Ethics in Your Practice Seminar in Iowa City, Iowa on November 22, 1991 with costs not to exceed $170.00. Motion carried. MISCELLANEOUS 98125 - Moved by Fox, seconded by Buck that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class C Crawford's Laundromat & Grocery, 523 Logan Avenue (Renewal) (Expires 9/7/92) (Includes Sunday Sales) August 26, 1991 Page 7 Miscellaneous - continued 2. Beer/Wine License Permit Application Class E County Market, 1411 Flammang Drive (Renewal) (Expires 8/26/92) (Includes Sunday Sales) 3. Liquor License Permit Application Class E Fleagle Foods, 2834 Ansborough Avenue (Renewal) (Expires 9/4/92) (Includes Sunday Sales) Motion carried. BONDS 98126 - Moved by Angel, seconded by Brown that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through August 26, 1991, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 98127 - Mel Smelser, 2235 Temple Avenue, questioned how the city could increase senior golf fees and at the same time mow ditches for the Chicago & Northwestern railroad. Mayor McKinley explained that several years ago the city undertook an effort to cleanup the city and employ approximately 50 people to do so. Monies from the road use tax were transferred for right-of-way cleanup, including the railroad property in question. The railroad has agreed to make a cash payment of $550 for the cleanup and the city will be negotiating a contracting with them for maintenance of the right-of-way. Vonnie Jackson, 1838 Howard Avenue, questioned who was responsible for cleanup for the rip rap along the Cedar River. The Mayor reported that the Park Department is responsible. Moved by Buck, seconded by Angel that the above oral comments be received and placed on file and the Council adjourn at 7:36 p.m. Motion carried. Larry P. Burger City Clerk/Auditor