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HomeMy WebLinkAbout08/05/91August 5, 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 5, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Fox, Angel, Buck, Wright. Absent: Dell, Budak, Brown. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Jim Rodemeyer, Personnel Director 97884 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on August 5, 1991, at 7:00 p.m., and the Minutes of the Regular Session on July 22, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 97885 - Moved by Wright, seconded by Buck that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1992 Intake Replacement Program, Contract No. 427, as published in the Waterloo Courier on July 26, 1991, be received and placed on file. Motion carried. 97886 - 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 Buck, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-470. 97887 - Moved by Fox, seconded by Buck that "Resolution ordering construction", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-471. 97888 - Moved by Angel, seconded by Fox to receive, file and instruct Deputy 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 Rampart Corp., Waterloo, IA 5% $67,038.80 Motion carried. 97889 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the City Hall Renovation Asbestos Removal, Phases I, II, III and IV (Police Department and Second Floor of City Hall), as published in the Waterloo Courier on July 26, 1991, be received and placed on file. Motion carried. 97890 - 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 Buck that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-472. August 5, 1991 Page 2 Hearings and Bids - continued 97891 - Moved by Angel, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-473. 97892 - Moved by Wright, seconded by Angel to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award of contract delayed): Bidder Curry Environmental Services, Inc., Milan, IL Haasco, Ltd., Dyersville, IA Advanced Technologies Corp., Cedar Falls, IA Enviro Safe Air, Sioux City, IA Motion carried. Bid Bond $2,500.00 5% 5% $1,500.00 Bid Amount $42,446.00 $35,881.25 $22,665.00 $24,223.00 97893 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the 1991 Waterloo Recreation & Arts Center Reroofing Project, as published in the Waterloo Courier on July 19, 1991, be received and placed on file. Motion carried. 97894 - 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 Wright, seconded by Buck that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-474. 97895 - Moved by Fox, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-475. 97896 - Moved by Buck, seconded by Angel to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (see CR 97970 for award of contract): Bidder Fuller Roofs, Waterloo, IA Jim Giese Commercial Roofing, Dubuque, IA Iowa Falls Roofing Iowa Falls, IA Service Roofing, Waterloo, IA Motion carried. Bid Bond Base Bid -Alt. 1 +Alt. 2 5% $54,880.00 $1,100.00 $3,950.00 5% $63,999.00 $ 850.00 No change 5`k $64,299.00 $1,350.00 $4,424.00 5% $57,875.00 $ 800.00 $3,200.00 August 5, 1991 Page 3 HEARINGS 97897 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on request of Dennis Lee to vacate the eight (8) foot platted utility easement generally located along property at 918 Colby Road, as published in the Waterloo Courier on July 24, 1991, be received and placed on file. Motion carried. 97898 - 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 Wright, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 97899 - Moved by Fox, seconded by Angel that "an Ordinance vacating the eight (8) foot platted utility easement generally located along property at 918 Colby Road", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Budak, Brown. Motion carried. 97900 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing on request of Vose Moving Company to vacate the sidewalk generally located along David Street, adjoining property at 520 West Parker Street, as published in the Waterloo Courier on July 24, 1991, be received and placed on file. Motion carried. 97901 - 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 Buck, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 97902 - Moved by Fox, seconded by Angel that "an Ordinance vacating the sidewalk generally located along David Street, adjoining property at 521 West Parker Street", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Budak, Brown. Motion carried. 97903 - Moved by Fox, seconded by Buck that proof of publication of notice of public hearing on request of Frederic Friedman to vacate a portion of the fifty (50) foot platted building line at 1345 Prospect Boulevard, as published in the Waterloo Courier on July 24, 1991, be received and placed on file. Motion carried. 97904 - 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 Buck, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 97905 - Moved by Wright, seconded by Angel that "an Ordinance vacating a portion of the fifty (50) foot platted building line at 1345 Prospect Boulevard", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Budak, Brown. Motion carried. August 5, 1991 Page 4 Hearings - continued 97906 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Bob Reichenbacker to vacate the five (5) foot platted utility easement located along the north side of property at 509 Creston Avenue, as published in the Waterloo Courier on July 24, 1991, be received and placed on file. Motion carried. 97907 - 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 Buck, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 97908 - Moved by Fox, seconded by Wright that "an Ordinance vacating the five (5) foot platted utility easement located along the north side of property at 509 Creston Avenue", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Budak, Brown. Motion carried. 97909 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on designation of street names for location purposes in the vicinity of the Relocated U.S. 218 interchange with University Avenue and Sergeant Road, as published in the Waterloo Courier on July 24, 1991, be received and placed on file. Motion carried. 97910 - 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 Buck that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 97911 - Moved by Buck, seconded by Wright that "Resolution approving designation of street names for location purposes in the vicinity of the Relocated U.S. 218 interchange with University Avenue and Sergeant Road", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-476. 97912 - Moved by Wright, seconded by Fox that proof of publication of notice of public hearing on request of Federal Flood Insurance Agency to amend Zoning Ordinance No. 2479, as amended, as it pertains to the Flood Plain Management definition of "substantial improvement" and "substantial damage", as published in the Waterloo Courier on July 23, 1991, be received and placed on file. Motion carried. 97913 - 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 Buck, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. August 5, 1991 Page 5 Hearings - continued 97914 - Moved by Angel, seconded by Wright that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to the Flood Plain Management Program definition of "substantial improvement" and "substantial damage"', be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Budak, Brown. Motion carried. 97915 - Moved by Fox, seconded by Buck that proof of publication of notice of public hearing on request of Gerald Schoenfelder to rezone from "R-1" One and Two Family Residence District and "R-3" Multiple Family Residence District to "R-3, R -P" Planned Residence District property generally located south of vacated Murphy Road and east of Alexandria Drive to allow for more flexible development of the area, as published in the Waterloo Courier on July 23, 1991, be received and placed on file. Motion carried. 97916 - 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 Buck, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 97917 - Moved by Fox, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 265 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Budak, Brown. Motion carried. 97918 - Moved by Fox, seconded by Angel that proof of publication of notice of public hearing on request of Bill Colwell to rezone from "R-3" Multiple Residence District to "C-2" Commercial District property generally located across from the alley to the west of Bill Colwell's Auto Mart located at 90 Franklin Street to allow two lots to be used as a parking lot for leased cars, as published in the Waterloo Courier on July 23, 1991, be received and placed on file. Motion carried. 97919 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Max Kirk, an attorney representing Colwell's Auto Mart, stated that his client intends to use the area as an extension of his car lot. Both lots have very small frontages on Franklin Street. He indicated the owner's intend to invest in the neighborhood and assist in the revitalization of the area. He supported the request and urged the Council's approval. Mayor McKinley stated that the city is willing to work with all property owners in the area to provide the best possible environment. In its revitalization efforts, the city will be proposing alternative uses to vacate lots, including possibly parks. Moved by Buck, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Motion carried. 97920 - Moved by Fox, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 266 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Budak, Brown. Motion carried. August 5, 1991 Page 6 Hearings - continued 97921 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Terri Semelroth to rezone from "R-3" Multiple Residence District to "C -Z Conditional Zoning District property located at 700 West Eleventh Street for a hair salon to be built at the rear of existing building, as published in the Waterloo Courier on July 23, 1991, be received and placed on file. Motion carried. 97922 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Moved by Wright, seconded by Angel that the recommendation of denial of the Planning, Programming and Zoning Commission and petitions of approval and objection be received, placed on file and request tabled for one week. Motion carried. ASSESSMENT HEARING 97923 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing and notice to property owners for the F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405, as published in the Waterloo Courier on July 19 and July 26, 1991, be received and placed on file. Motion carried. 97924 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Harold Gram, 2962 Gram Court, supported the proposed assessment. Lisa McClain, 2949 Gram Court, also spoke in favor of the assessment. Moved by Buck, seconded by Wright that the hearing be closed and oral comments be received, placed on file and hearing adjourned for one (1) week. Motion carried. PETITIONS FROM PUBLIC 97925 - Moved by Buck, seconded by Wright that communication from City Planner transmitting request of Cedar Valley Corporation for variance of Chapter 25.5 of the Noise Control Ordinance to operate 24 hours a day, seven days a week in conjunction with Relocated U.S. Highway 218, IX -218-7(147)--3P-07, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-477. 97926 - Moved by Buck, seconded by Wright that communication from City Engineer transmitting request of Peterson Contractors, Inc. for a variance to truck embargo on West Fourth Street from San Marnan Drive to Hoff Road for use as a haul route in conjunction with Shaulis Road Reconstruction Project, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-478. 97927 - Moved by Buck, seconded by Wright that communication from City Engineer transmitting request of Wareco Systems of Iowa located at 1008 LaPorte Road to hard surface the right of way area located between their two entrances on Mitchell Avenue, together with recommendation of approval, be received, placed on file and approved. Motion carried. August 5, 1991 Page 7 Petitions from Public - continued 97928 - Moved by Buck, seconded by Wright that communication from City Engineer transmitting request of United Concrete, Inc. for a variance to truck embargo on East Donald Street from Logan Avenue to North Elk Run Road and Idaho Street from Newell Street to East Donald Street from August 6, 1991 to November 1, 1991 for use as haul route in conjunction with North Elk Run Road Reconstruction, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-479. 97929 - Moved by Buck, seconded by Wright that communication from Clerk/Auditor transmitting request of Johnnie and Barbara Berry for compromise of real estate taxes and special garbage and sewer assessments for 55 Franklin Street, be received, placed on file and "Resolution approving said request", be adopted and Deputy Clerk/Auditor authorized to notify Black Hawk County Treasurer of same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-480. REPORTS 97930 - Moved by Wright, seconded by Buck that communication from Clerk/Auditor transmitting procedure for possible joint purchases with other public entities per Iowa Code Section 28E.20, be received and placed on file. Motion carried. DOCUMENTS 97931 - Moved by Fox, seconded by Wright that an application from John Deere Product Engineering Center for an exception to burning of yard waste between March 15 and April 15, 1992 for 60 acres of restored and managed prairie grasses and flowers, be received, placed on file and approved. Motion carried. 97932 - Moved by Fox, seconded by Wright that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Tschiggfrie Excavating of Dubuque, Iowa, in the amount of $49,204.00, for F.Y. 1991 City Hall Sanitary Lift Station, Contract No. 406, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-481. 97933 - Moved by Fox, seconded by Wright that communication from Associate Engineer transmitting Change Order No. 2 for a net increase of $21,863.22 for work to be performed by Allied Construction Company Inc. for the F.Y. 1991 North Elk Run Road Improvements, Contract No. 389, be received, placed on file and approved and Mayor and Deputy Clerk/Auditor authorized to execute same. Motion carried. 97934 - Moved by Fox, seconded by Wright that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Aspro, Inc. and Subsidiaries of Waterloo, Iowa in the amount of 99,725.90, for the F.Y. 1991 Daniel Drive Paving, R.I.S.E. Project No. RM -8155(9)--9D-07, Contract No. 416, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-482. August 5, 1991 Page 8 Documents - continued 97935 - Moved by Fox, seconded by Wright that communication from Public Works Director transmitting agreements with the Iowa Department of Transportation for maintenance and repair of state highways within the City of Waterloo corporate city limits, together with recommendation of approval, be received, placed on file and "Resolution approving said agreements" be adopted and Mayor authorized to execute same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-483. 97936 - Moved by Fox, seconded by Wright that communication from City Planner transmitting an application for Traffic Safety Improvement Program Funding to the Iowa Department of Transportation to update signalized intersections on West llth Street and Williston and West 18th Street and Commercial Street, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-484. 97937 - Moved by Fox, seconded by Wright that communication from Planning and Development Director transmitting an agreement with the Chicago, Central & Pacific Railroad to extend the W.C.F.&N. Frontage Road across the tracks and right-of-way in conjunction with the W.C.F.&N. Frontage Road, Contract No. 417, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-485. 97938 - Moved by Fox, seconded by Wright that communication from Transportation Program Manager transmitting a Geotechnical Testing Services Agreement with Terracon Consultants NE, Inc. in the amount of $2,000.00 in conjunction with Subsystem "M", IX -6453(3)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-486. 97939 - Moved by Fox, seconded by Wright that communication from Transportation Program Manager transmitting a joint Transportation Safety Fund Application and Urban State Traffic Engineering Program Project (USTEP) application for reconstruction of traffic signals on Mullan Avenue from Almond Street to Parker Street in conjunction with Subsystem "Q", together with recommendation of approval, be received, placed on file and "Resolution approving said joint application", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-487. 97940 - Moved by Fox, seconded by Wright that communication from Police Chief transmitting an amended 28E and 28D Agreement for the Tri -County Drug Task Force, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-488. August 5, 1991 Page 9 Documents - continued 97941 - Moved by Fox, seconded by Wright that communication from Police Chief transmitting Tri -County Drug Task Force Grant No. 91-0243 in the amount of $174,245.00, Drug Abuse Resistance Education Grant No. 91-0141 in the amount of $6,990.00, and Community Drug Re -Enforcement Program Grant No. 91-2142 in the amount of $20,882.00, together with recommendation of approval, be received, placed on file and "Resolution approving said grants", be adopted and Mayor authorized to execute same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-489. 97942 - Moved by Fox, seconded by Wright that communication from Waterloo Housing Authority Executive Director transmitting Change Order No. 2 for a net increase of $8,580.00 for work to be performed by Lockard Construction of Waterloo, Iowa in in conjunction with Ridgeway Towers CIAP Project, 225 West Ridgeway Avenue, be received, placed on file and approved and Mayor authorized to execute same. Motion carried. RESOLUTIONS TO BE ADOPTED 97943 - Moved by Fox, seconded by Buck that "Resolution amending Resolution No. 1989-49, which established parking regulations in the Central Business District in the City of Waterloo to place one metered handicapped parking space in the 500 block of East Fifth Street", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-490. 97944 - Moved by Fox, seconded by Buck that "Resolution repealing temporary 35 mile per hour speed limit on Dubuque Road from Nevada Street to Osage Road and reinstating prior speed limits in conjunction with F.Y. 1990 Blowers Creek Bridge Improvements -- Dubuque Road and Lafayette Street, Contract No. 318", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-491. 97945 - Moved by Fox, seconded by Buck that "Resolution authorizing purchase of parcels of property in the amount of $167,779.00 acquired by the State of Iowa for right-of-way purposes in conjunction with Relocated U.S. 218 project", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-492. 97946 - Moved by Fox, seconded by Buck that "Resolution approving a temporary two-way stop sign on both sides of the bridge on Big Rock Road, 2,600 feet east of Wagner Road in conjunction with F.Y. 1991 Big Rock Road Paving, Contract No. 395", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-493. ORDINANCES TO BE ADOPTED 97947 - Moved by Buck, seconded by Fox that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to the Highway Corridor Overlay District (H -C)", be received, placed on file, considered and passed for the third time. Ayes: Four. Absent: Dell, Budak, Brown. Motion carried. August 5, 1991 Page 10 Ordinances to be Adopted - continued 97948 - Moved by Angel, seconded by Buck that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to the Highway Corridor Overlay District (H -C)", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Ordinance adopted and upon approval by Mayor assigned No. 3805. 97949 - Police Chief Bernie Koehrsen stated that the amendment to the curfew ordinance was necessary since the Iowa Code does not allow juveniles to be prosecuted in juvenile court for curfew offenses. This ordinance change will reflect the State Code requirement by prosecuting as simple misdemeanors. This could possibly lead to one family being responsible for payment of two separate fines, one for the adult and one for the child. Moved by Buck, seconded by Angel that "an Ordinance repealing Subsection (f)(1) of Section 27-8, Curfew, of Chapter 27, Offenses -Miscellaneous, of the Code of Ordinances of the City of Waterloo, Iowa; and by enacting in lieu thereof a new Subsection (f)(1) of Section 27-8, Curfew of Chapter 27, Offenses -Miscellaneous (enacting $100 fine or imprisonment not to exceed 30 days for minor violating curfew ordinance)", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Budak, Brown. Motion carried. BILLS PAYMENT 97950 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-71, in the amount of $709,609.55, dated August 5, 1991, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-494. NEW BUSINESS 97951 - Moved by Fox, seconded by Angel that "Preliminary Resolution for the construction of sidewalk improvements in conjunction with F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract No. 411", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-495. 97952 - Moved by Fox, seconded by Angel that "Resolution fixing value of lots in conjunction with F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract No. 411", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-496. 97953 - Moved by Fox, seconded by Angel that "Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications for the F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract No. 411", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-497. Ailgust 5, 1991 New Business - continued 97954 - Moved by Fox, seconded by Angel Page 11 that "Resolution of Necessity (Proposed) setting date of hearing as August 26, 1991, at 7:00 p.m. in the City Hall Council Chambers on proposed assessments of the F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract No. 411", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-498. 97955 - Moved by Fox, seconded by Angel to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1991 Storm Sewer Improvements, Contract No. 414, be received, placed on file and approved. Motion carried. 97956 - Moved by Fox, seconded by Angel that plans, specifications, form of contract, etc., for the F.Y. 1991 Storm Sewer Improvements, Contract No. 414, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-499. 97957 - Moved by Fox, seconded by Angel that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 19, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-500. 97958 - Moved by Fox, seconded by Angel to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1992 Street Reconstruction Program - No. 1, Contract No. 429, be received, placed on file and approved. Motion carried. 97959 - Moved by Fox, seconded by Angel that plans, specifications, form of contract, etc., for the F.Y. 1992 Street Reconstruction Program - No. 1, Contract No. 429, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-501. 97960 - Moved by Fox, seconded by Angel that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 19, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-502. 97961 - Moved by Fox, seconded by Angel that communication from Superintendent of Water Pollution/Flood Control transmitting recommendation of appointment of Daniel VanEe to the position of Operator I, effective August 12, 1991, be received, placed on file and approved. Motion carried. August 5, 1991 Page 12 New Business - continued 97962 - Moved by Fox, seconded by Angel that communication from City Engineer transmitting recommendation of appointment of Brian Laube to the position of Technician, subject to passing of physical examination, be received, placed on file and approved. Motion carried. 97963 - Moved by Fox, seconded by Angel that communication from Mayor McKinley transmitting recommendation of appointment of Norman Granger to the MET Transit Authority Board of Directors with term expiration date of July 1, 1993, be received, placed on file and approved. Motion carried. 97964 - Moved by Fox, seconded by Angel that communication from Superintendent of Streets transmitting recommendation of appointment of Webster Andrews and Robert Morelock to the position of Equipment Operator I in the Street Department, effective August 12, 1991, be received, placed on file and approved. Motion carried. 97965 - Moved by Fox, seconded by Angel that communication from Planning and Development Director transmitting request of Deere and Company to vacate, sell and convey the unused portion of Westfield Avenue and McKinley Street, be received, placed on file and "Resolution setting date of hearing as August 19, 1991 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-503. Travel Requests 97966 - Moved by Buck, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Bernal F. Koehrsen, Police Chief, to attend Regional Law Enforcement Executive Meeting in Kansas City, Missouri on August 22-24, 1991, with costs not to exceed $297.00, including the use of city vehicle. 2. Jim Oberle or Darrell Niedert, Maintenance, to travel to Chicago, Illinois to pick up African materials to be included in the "Legacy" exhibition on September 21, 1991, with costs not to exceed $165.00, including the use of city vehicle. 3. B.J. Furgerson, Executive Director, to attend Regional Executive Council's Commission Training and Meeting in Des Moines, Iowa on August 8-10, 1991, with costs not to exceed $196.00. 4. Tom Jennings, Police Sergeant, to attend Center for Task Force Training in Minneapolis, Minnesota on August 5-7, 1991, with costs not to exceed $261.00, including the use of City vehicle. 5. Louis Cutwright, Jr., Building Official, to attend Annual Education and Code Development Conference in Spokane, Washington on September 8-14, 1991, with costs not to exceed $1,673.00. 6. James L. Boesen, Chief Heating Inspector, to attend Annual Education and Business Conference of International Association of Plumbing and Mechanical Officials in Colorado Springs, Colorado on September 22-27, 1991, with costs not to exceed $1,312.00. Motion carried. 1.4 • August 5, 1991 Page 13 MISCELLANEOUS 97967 - Moved by Buck, seconded by Wright 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 and cigarette applications and application for fireworks display be received, placed on file and approved: 1. Beer & Liquor License Permit Application Class C Nareys 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/23/92) Nino's, 3551 University Avenue (Renewal) (Expires 8/20/92) (Includes Sunday Sales) 2. Beer & Wine License Permit Application Class E Quik Trip, 117 San Marnan Highway (Renewal) (Expires 9/4/92) (Includes Sunday Sales) Siech's Varly Drug, 908 LaPorte Road (Renewal) (Expires 8/31/92) (Includes Sunday Sales) 3. Liquor License Permit Application Class E Warehouse Market, 4026 Alexandria Drive (Renewal) (Expires 9/16/92) (Includes Sunday Sales) Cigarette Permit Application Seven (7) Application for Fireworks Display Waterloo Professional Baseball, Inc., 850 Park Road (August 31, 1991) Motion carried. BONDS 97968 - Moved by Buck, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through August 5, 1991, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 97969 - James Roby spoke of the recent violence in the East Fourth Street area, particularly near his aunt's home at 121 Sumner Street. He asked that the police take positive action to control the situation. He also questioned why individuals are not being arrested for loitering in the area. Police Chief Koehrsen stated that the department is working very closely with property owners and businesses in the area to address the recent situations near East Fourth Street. Patrol has been increased with two -men cars in the area. The department is working very hard to do the very best possible in a potentially volatile situation. Willie Goodson, owner of Goodies Bar, is assisting in these efforts. Mel Smelser, 2235 Temple Avenue, questioned whether city employees were instructed to vote "no" on the August 6, 1991 referendum to change the form of government to city manager. Mayor McKinley and Deputy Clerk/Auditor Michelle Temeyer stated that they were not aware of any such effort. Shirley Koslowski, 816 Archer Avenue, asked that the Council keep in mind access for the handicapped at polling places when discussing the redistricting with the revised 1990 census data. She also suggested that the City consider consolidating the number of precincts from 40 to 35. August 5, 1991 Page 14 97970 - Moved by Buck, seconded by Wright that the above oral comments be received and placed on file and "Resolution authorizing award of contract to Fuller Roofing of Waterloo, Iowa, in the amount of $58,850.00 for the 1991 Waterloo Recreation & Arts Center Reroofing Project", be adopted (see CR 97896 for opening of bids). Ayes: Four. Absent: Dell, Budak, Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-504. ADJOURNMENT 97971 - Moved by Buck, seconded by Angel that the Council adjourn at 7:59 p.m. Motion carried. Michelle Temeyer Deputy Clerk/Auditor