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HomeMy WebLinkAbout07/15/91July 15, 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 July 15, 1991. Mayor Pro Tem Robert J. Brown in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. Invocation by: Councilperson Rose Angel Pledge of Allegiance: Mark Boesen, Assistant Administrator Community Development Board 97785 - Moved by Wright, seconded by Angel that the Agenda, as proposed, for the Regular Session on July 15, 1991, at 7:00 p.m., and the Minutes of the Regular Session on July 8, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 97786 - Moved by Dell, seconded by Budak that proof of publication of form of contract, etc., and Program, Contract No. 409, 1991, be received and placed notice of public hearing on plans, specifications, taking of bids for the F.Y. 1991 Asphalt Overlay as published in the Waterloo Courier on July 3, on file. Motion carried. 97787 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Fox, seconded by Angel that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-408. 97788 - Moved by Budak, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-409. 97789 - Moved by Angel, seconded by Wright to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (see CR 97832 for award of contract): Bidder Aspro, Inc. & Subsidiaries of Waterloo, IA 5% $952,156.30 Bid Bond Amount of Bid Motion carried. HEARINGS 97790 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as amended, as it pertains to the Highway Corridor Overlay District (H -C), as published in the Waterloo Courier on July 5, 1991, be received and placed on file. Motion carried. 97791 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Rich Earles, Neighborhood Planner, explained that the amendments to the Highway Corridor Overlay District provide greater flexibility for existing businesses to expand their properties. Specifically, the ordinance allows for July 15, 1991 Page 2 Hearings and Bids - continued a sliding scale for business expansions. The proposed ordinance allows businesses to meet a portion of the requirements for landscaping purposes. A second change allows property located on large sites and smaller business under separate ownership who share access or parking an additional post sign. The final change decreases the required rear yard in cases where the front yard setback is increased under the ordinance. The remaining changes are generally procedural in nature. After review by the Planning, Programming and Zoning Commission, the Commission added a section that requires the Board of Review to give reasons for denial of any proposal. The ordinance also requires the guidelines developed by the Design Review Board to be approved by the Planning, Programming and Zoning Commission. Harold Andrews, representing Warren Transport, stated that he has concerns with the ordinance, particularly because it does not cover residential or city -owned properties. He also stated that it is unfair to only require businesses that are expanding to comply with the ordinance. Bob Stevenson, City Planner, urged the Council to pass the ordinance on the first reading only to allow Mr. Andrews to express his concerns to the Mayor and staff. Moved by Dell, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. 97792 - Moved by Angel, seconded by Wright 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 first time. Ayes: Six. Absent: Buck. Motion carried. UNFINISHED BUSINESS 97793 - Moved by Budak, seconded by Dell that communication from Assistant award of contract of $161,570.34 for Program, Contract approving award of to Cedar Valley the F.Y. 1991 W No. 417, be said contract", City Engineer transmitting recommendation of Corporation of Waterloo, Iowa in the amount .C.F. & N. Drive Frontage Road Paving R.I.S.E received, placed on file and "Resolution be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-410. 97794 - Moved by Budak, seconded by Dell that communication from City Engineer transmitting recommendation of award of contract to Tschiggfrie Excavating of Dubuque, Iowa in the amount of $49,204.00 for the F.Y. 1991 City Hall Sanitary Lift Station, Contract No. 406, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-411. PETITIONS FROM PUBLIC 97795 - Moved by Angel, seconded by Wright that communication from City Planner transmitting request of Dennis Lee to vacate a portion of the eight foot platted utility easement generally located along the rear of property at 918 Colby Road, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 5, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-412. July 15, 1991 Petitions form Public - continued 97796 - Moved by Angel, seconded by Wright Page 3 that communication from City Planner transmitting request of Bob Reichenbacker to vacate the five foot platted utility easement generally located along the north side of property at 509 Creston Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 5, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-413. 97797 - Moved by Angel, seconded by Wright that communication from City Planner transmitting request of Frederic Friedman to vacate a portion of the fifty foot platted building line located at 1345 Prospect Boulevard, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 5, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-414. 97798 - Moved by Angel, seconded by Wright that communication from City Planner transmitting request of Vose Moving Company to vacate the sidewalk generally located along David Street, adjoining property at 520 West Parker, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 5, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-415. 97799 - Moved by Angel, seconded by Wright that communication from City Planner transmitting request of Gerald Schoenfelder to rezone from "R-1" One and Two Family Residence District and "R-3" Multiple Residence District to "R-3, R -P" Planned Residential District property generally located south of vacated Murphy Road and east of Alexandria Drive to allow more flexible development of the area, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 5, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-416. 97800 - Moved by Angel, seconded by Wright that communication from City Planner transmitting request of the Federal Flood Insurance Agency to amend Zoning Ordinance No. 2479, as amended, as it pertains to the Flood Plain Management Program definitions of "substantial improvement" and "substantial damage", together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 5, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-417. July 15, 1991 Page 4 Petitions from Public - continued 97801 - Moved by Angel, seconded by Wright that communication from City Planner transmitting request of Terri Semelroth to rezone from "R-3" Multiple Residence District to "C -Z" Conditional Zoning property generally located at 700 West Eleventh Street to allow a hair salon to be built at rear of location, together with recommendation of denial of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 5, 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 the same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-418. 97802 - Moved by Angel, seconded by Wright that communication from City Planner transmitting request of William T. Colwell to rezone from "R-3" Multiple Residence District to "C-2" Commercial District property generally located across the alley to the west of Bill Colwell's Auto Mart to allow 2 lots to be used as a parking lot for leased cars, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 5, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-419. 97803 - Moved by Angel, seconded by Wright that communication from City Engineer transmitting request of Beverly Smelser for a temporary asphalt driveway to be located at 1143 Longfellow, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-420. 97804 - Moved by Angel, seconded by Wright that communication from City Planner transmitting request for a variance to truck embargo on Galloway Court from Maynard Avenue to Upton Avenue from July 16, 1991 to November 15, 1991, in conjunction with Relocated U.S. 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-421. REPORTS 97805 - Moved by Wright, seconded by Angel that that Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --June 1991, be received and placed on file. Motion carried. DOCUMENTS 97806 - Moved by Budak, seconded by Wright that communication from City Planner transmitting Five Year Capital Improvements Program for F.Y 1992-1996, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-422. July 15, 1991 Page 5 Documents - continued 97807 - Bob Stevenson, City Planner, reported that this agreement would allow for cost sharing for the installation of storm sewers between the State of Iowa and the City of Waterloo with the former paying 85 percent and the later 15 percent. Moved by Budak, seconded by Wright that communication from City Planner transmitting an agreement with Iowa Department of Transportation for cost sharing of installation of storm sewers 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 Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-423. 97808 - Jim Rodemeyer, Personnel Director, stated that the insurance contracts represented a 10 to 12 percent increase in cost. The city did not seek competitive bids for health insurance this year but anticipates taking bids in the next year or two. Moved by Budak, seconded by Wright that communication from Insurance Coordinator transmitting health insurance coverage contracts with Blue Cross Blue Shield and Heritage National Healthplan for the fiscal year beginning July 1, 1991, together with recommendation of approval, be received, placed on file and "Resolution approving said contracts", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-424. 97809 - Moved by Budak, seconded by Wright that communication from Director of Waterloo Housing Authority transmitting Change Order No. 1 for a net increase of $957.00 for work to be performed by Lockard Construction of Waterloo, Iowa in conjunction with Ridgeway Towers CIAP Project, 225 W. Ridgeway Avenue, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Motion carried. 97810 - Moved by Budak, seconded by Wright that communication from City Engineer transmitting an agreement with U.S. West Communications for construction of a communications conduit support structure in city right-of-way in conjunction with F.Y. 1990 Blowers Creek Bridge Improvements, Dubuque Road and Lafayette Street, Contract No. 318, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-425. 97811 - Moved by Budak, seconded by Wright that communication from City Planner transmitting a supplemental agreement with Brice, Petrides -Donohue for design costs in conjunction with Relocated U.S. Highway 218, (Westfield Project), 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 Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-426. July 15, 1991 Page 6 RESOLUTIONS TO BE ADOPTED 97812 - Moved by Dell, seconded by Fox that "Resolution setting date of hearing as July 22, 1991 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of various buildings and approximately 270,000 square feet of vacant land on former Rath Packing Co. site to Crystal Distribution Services", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-427. 97813 - Moved by Dell, seconded by Fox that "Resolution accepting warranty deed and dedicating property generally located east of Fletcher Avenue, north of Rock Island Avenue for street right-of-way purposes", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-428. 97814 - Moved by Dell, seconded by Fox that "Resolution authorizing total acquisition contract payments and accepting the deeds for 147 University Avenue (Michael and Bonnie Elin) and 215 University Avenue (Cynthia Balsanek) in conjunction with U.S. 218 "Gateway" Project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-429. 97815 - Moved by Dell, seconded by Fox that "Resolution authorizing the total acquisition contract payments and accepting the deeds for 1344 Lafayette Street (Charles & Margaret Henkle) and 1330 Lafayette Street (Vickie & Timothy Day) in conjunction with Powers Manufacturing Expansion Project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-430. 97816 - Moved by Dell, seconded by Fox that "Resolution authorizing the compromising of special assessment for sidewalk repair at 940 Riehl Street in conjunction with Sidewalk Repair Assessment Program - Zone 1", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-431. 97817 - Treno Evers, 1320 West Donald, asked for clarification of the money received to date for the demolition of Rath Packing Co. Mark Boesen, Assistant Administrator of Community Development, stated that this grant allows phase 2 of the demolition project to proceed. Phase 1 demolition funds consisted of general obligation bonds proceeds in the amount of $475,000. An additional amount of $67,000 was provided by Block Grant Funding. Vonnie Jackson, 1838 Howard Avenue, questioned the amount of administrative money that would be expended from the $2.5 million grant. Mr. Boesen indicated that no administrative costs would be utilized from this grant and that the entire amount would be utilized for engineering, inspection, asbestos removal and demolition. Moved by Dell, seconded by Fox that "Resolution approving and providing for execution of agreement with the Department of Housing and Urban Development for Housing and Urban Development Special Purpose Grant in the amount of $2,500,000 for the Rath site clearance", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-432. July 15, 1991 Page 7 BILLS PAYMENT 97818 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-49, dated July 15, 1991, in the amount of $2,223,317.29 copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Fox. Absent: Buck Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-433. NEW BUSINESS 97819 - Moved by Budak, seconded by Dell to instruct Architect to prepare plans, specifications, form of contract, etc. for the F.Y. 1991 Waterloo Recreation and Arts Center Reroofing Project, be received, placed on file and approved. Motion carried. 97820 - Moved by Budak, seconded by Dell that plans, specifications, form of contract, etc., for the F.Y. 1991 Waterloo Recreation and Arts Center Reroofing Project, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-434. 97821 - Moved by Budak, seconded by Dell that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 5, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-435. 97822 - Moved by Budak, seconded by Dell that "Preliminary Resolution for the construction of the F.Y. 1991 Gram Court Sanitary Sewer Project, Contract No. 405", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-436. 97823 - Moved by Budak, seconded by Dell that "Resolution fixing value of lots for the F.Y. 1991 Gram Court Sanitary Sewer Project, Contract No. 405", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-437. 97824 - Moved by Budak, seconded by Dell that "Resolution adopting Preliminary Plat and Schedule, estimate of cost and proposed plans and specifications for the construction of the F.Y. 1991 Gram Court Sanitary Sewer Project, Contract No. 405", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-438. 97825 - Moved by Budak, seconded by Dell that "Resolution of Necessity (Proposed) setting the date of hearing as August 5, 1991 at 7:00 p.m. in the City Hall Council Chambers on the F.Y. 1991 Gram Court Sanitary Sewer Project, Contract No. 405", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing according. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-439. July 15, 1991 Page 8 New Business - continued 97826 - Moved by Budak, seconded by Dell that communication from Parks & Forestry Director transmitting recommendation of appointment of Brett Barnett to the position of Golf Course Maintenance I, subject to passing of physical, be received, placed on file and approved. Motion carried. 97827 - Moved by Budak, seconded by Dell that communication from City Planner transmitting request for street name designations for location purposes for newly constructed roads in the vicinity of Relocated U.S. 218 interchange with University Avenue and Sergeant Road, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 5, 1991 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-440. Travel Requests 97828 - Treno Evers, 1320 West Donald Street, questioned the travel request amount paid by the city each week for city employees to travel. He suggested that this travel should not be paid for by taxpayers but that the employee should be responsible for paying for these costs. Moved by Wright, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Sang -Ki Han, Assistant City Attorney, to attend NIMLO Conference in San Diego, California on October 27-30, 1991, with costs not to exceed $1,399.00. 2. John Kehoe, Chief Electrical Inspector, to attend annual meeting of Western Section of International Assoc. of Electrical Inspectors in Dearborn, Michigan on September 7-11, 1991, with costs not to exceed $1,049.00. Motion carried. MISCELLANEOUS 97829 - Moved by Wright, seconded by Angel 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 Kwik Trip #715, 1636 West 4th Street (Renewal) (Expires 7/21/92) (Includes Sunday Sales) Kwik Trip #722, 1309 Lafayette Street (Renewal) (Expires 7/21/92) (Includes Sunday Sales) Kwik Trip #723, 510 Conger Street (Renewal) (Expires 7/21/92) (Includes Sunday Sales) Kwik Trip #724, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/92) (Includes Sunday Sales) Kwik Trip #732, 352 Fletcher (Renewal) (Expires 7/21/92) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Bo's, 118 Commercial Street (Renewal) (Expires 8/10/92 (Includes Sunday Sales) Motion carried. July 15, 1991 BONDS Page 9 97830 - Moved by Angel, seconded by Fox that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through July 15, 1991, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 97831 - Vonnie Jackson, 1838 Howard Avenue, questioned the retirement of Ann Hoover, Bookkeeper at the Waterloo Recreation Center. Jim Rodemeyer, Personnel Director, indicated that Ms. Hoover has been employed by the city for over 18 years and that he would provide Ms. Jackson with the exact amounts paid for accumulated sick leave and vacation. Anna Mae Weems, 1835 Independence Avenue, voiced several concerns, including the train on East Fourth Street and the excessive noise it creates. She stated that the East Side has suffered serious neglect and is being treated by the city like "peacocks feet." She indicated that there was a big difference between the city's maintenance of Byrnes and Gates Park. She stressed the need for the community to study the problems of youth in our community as well as development of an OIC (Opportunities Industrialization Centers). She also complained of the gathering of people in the evening hours on East Fourth and Dane Street. She suggested that the Logan Avenue Plaza project should not be credited totally to the city but was the original brainchild of East Side residents. She urged the city to correct statements made by the press concerning this project's origination. Councilperson Dell concurred in Ms. Weem's comments for press concerning the development of the Logan Avenue P1 Russ Tidwell, 1003 Vine Street, asked the status of that was tabled by the City Council on June 17, 1991. proceed with the adoption of an ordinance due to the problems on the city's East Side streets. He urged the quickly as possible. the need to correct the aza. the loitering ordinance He urged the Council to serious substance abuse city to move forward as Police Chief Bernal Koehresen stated that the city is currently reviewing a multitude of ordinances with the hopes of adopting one that has already been tested in the court system. Roosevelt Taylor, 311 Iowa Street, stated that the problems on the East Side have gotten to the point that persons traveling on East Fourth Street stop at UNI -CUE and turn around and go back. Jody Tompkins, 909 West Third Street, withdrew his former opposition to the loitering ordinance. He stated that the problems that exist on University Avenue suggest the need for implementation of a loitering ordinance as soon as possible. He also suggested that Police Chief Koehresen's remarks concerning the cigarette law that became effective on July 1, 1991 (persons 18 years and younger cannot possess cigarettes) that it was a low priority in terms of enforceability should be explained. Chief Koehresen explained that there are many more laws that are the books than can be reasonably enforced by the Police Department. He stated that the department must prioritize the types of crimes it will investigate and that the department is doing as best as it can within the budget confines. Councilperson Dell stated that the cause of many problems in our community cannot be totally solved by the adoption of ordinances. He stated that there must be fundamental changes in the fabric of our society in what we do and say to make any difference in the community's attitude. He also suggested that the problems are often caused by a few and that this small group can disrupt the large masses. He urged the community to focus on the small group and not condemn everyone for the problems of the few. Moved by Budak, seconded by Fox that the above oral comments be received and placed on file. Motion carried. July 15, 1991 Page 10 Oral Presentations - continued 97832 - Eric Thorson, City Engineer, recommended that the bid be awarded to Aspro, Inc. & Subsidiaries of Waterloo, Iowa. He stated that the contract exceeded minority goals. Moved by Wright, seconded by Angel that "Resolution awarding contract to Aspro, Inc. & Subsidiaries, of Waterloo, Iowa, in the amount of $952,156.30, for the F.Y. 1991 Asphalt Overlay Program, Contract No. 409", be adopted (see CR 97789 for bid opening). Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-441. ADJOURNMENT 97833 - Moved by Budak, seconded by Fox that the Council adjourn at 7:58 p.m. Motion carried. Michelle Temeyer Deputy Clerk/Auditor