HomeMy WebLinkAbout07/01/91July 1, 1991
The Council of the
Chambers, Waterloo,
Chair. Roll Call:
City of Waterloo, Iowa, met in Regular Session at City Hall Council
Iowa, at 7:00 p.m. on July 1, 1991. Mayor Bernard L. McKinley in the
Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck.
97668 - Moved by Angel, seconded by Wright
that the Agenda, as amended, for the Regular Session on July 1, 1991, at 7:00
p.m., and the Minutes of the Regular Session on June 24, 1991, at 7:00 p.m., be
accepted and approved. Motion carried.
Mayor McKinley recognized three City employees with 30 years of service each to
the City of Waterloo. Captain Don Baruth, a member of the Police Department,
Robert Mullinex, a worker at the Street Department, and Raymand Moore, a member
of the Sanitation Department, were honored. Mayor McKinley presented each with
a certificate and a small memento of the City's appreciation for their many
years of service.
Jim Lawrence, Executive Director of the Waterloo Chamber of Commerce, together
with Janet McCummsey and Dr. Charles Means, presented the City of Waterloo with
a plaque acknowledging the City of Waterloo's participation in the All -America
City Award contest. The City of Waterloo was one of 30 cities selected from
the nation to compete for this honor recently in San Antonio, Texas. Although
the City was not named one of the ten top cities, the City was recognized for
its many accomplishments. Also accepting the plaque on behalf of the City of
Waterloo were Police Chief Bernie Koehrsen, and Don and Michelle Temeyer.
Persons absent who also participated include Mary Ann Burk of the Waterloo
Schools and Ebony Walker.
HEARINGS AND BIDS
97669 - Moved by Budak, seconded by Angel
that proof of publication of notice of public hearing on plans, specifications,
form of contract, etc., and taking of bids for F.Y. 1991 Daniel Driving Paving,
Contract No. 416, as published in the Waterloo Courier on June 19, 1991, be
received and placed on file. Motion carried.
97670 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
97671 -
97672 -
for written and oral objections and there were none.
Moved by Brown, 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 assigned No. 1991-380.
Moved by Fox, seconded by Dell
that "Resolution ordering construction", be adopted. Ayes:
Buck.
Six. Absent:
Resolution adopted and upon approval by Mayor assigned No. 1991-381.
Moved by Dell, seconded by Angel
to receive, file and instruct Clerk/Auditor
City Engineer for review and recommendation
Bidder
Youngblut Contracting, Inc., Washburn, IA
Cedar Valley Corporation, Waterloo, IA
Aspro, Inc. & Subsidiaries, Waterloo, IA
Motion carried.
to open and read bids and refer to
(award delayed):
Base Bid +
Alternate A
$147,528.03
$142,798.19
Base Bid +
Alternate B
$130,559.90
July 1, 1991 Page 2
Hearings and Bids - continued
97673 - Moved by Angel, seconded by Fox
that proof of publication of notice of public hearing on plans, specifications,
form of contract, etc., and taking of bids for F.Y. 1991 WCF&N Frontage Road
Paving, Contract No. 417, as published in the Waterloo Courier on June 19,
1991, be received and placed on file. Motion carried.
97674 - 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 Brown
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 assigned No. 1991-382.
97675 - Moved by Wright, seconded by Dell
that "Resolution ordering construction", be adopted. Ayes: Six. Absent:
Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-383.
97676 - Moved by Fox, 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 delayed):
Bidder Bid Amount
Youngblut Contracting, Inc. of Washburn, IA $186,621.84
Cedar Valley Corporation, Waterloo, IA $161,570.34
Motion carried.
97677 - Moved by Wright, seconded by Angel
that proof of publication of notice of public hearing on plans, specifications,
form of contract, etc., and taking of bids for F.Y. 1991 City Hall Sanitary
Lift Station, Contract No. 406, as published in the Waterloo Courier on June
14, 1991, be received and placed on file. Motion carried.
97678 - 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 Brown, seconded by Dell
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 assigned No. 1991-384.
97679 - Moved by Wright, seconded by Brown
that "Resolution ordering construction", be adopted. Ayes: Six. Absent:
Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-385.
July 1, 1991 Page 3
Hearings and Bids - continued
97680 - Moved by Dell, seconded by Fox
to receive, file and instruct Clerk/Auditor to open and read bids and refer to
City Engineer for review and recommendation (award delayed):
Bidder
E. B. Spencer Engineering Co., Waterloo, IA
Tschiggfrie Excavating, Dubuque, IA
Motion carried.
HEARINGS
97681 - Moved by Angel, seconded by Dell
Base Bid Alternate Bid
$49,700.00
$49,204.00
$46,070.00
$46,210.00
that proof of publication of notice of public hearing on lease/purchase
Agreement in the principal amount not to exceed $60,000 for the acquisition of
municipal equipment and vehicles (for General Corporate Purposes) --funds to pay
costs of equipping Recreation Center and golf courses, as published in the
Waterloo Courier on June 18, 1991, be received and placed on file. Motion
carried.
97682 - 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. Motion carried.
97683 - Moved by Wright, seconded by Angel
that "Resolution instituting proceedings to take additional action for the
authorization of a lease/purchase agreement in the principal amount of not to
exceed $60,000 for the acquisition of municipal equipment and vehicles (for
General Corporate Purposes)", be adopted. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-386.
97684 - Moved by Budak, seconded by Brown
that proof of publication on the notice of public hearing on lease/purchase
Agreement in the principal amount not to exceed $650,000 for the acquisition of
municipal equipment and vehicles (for Essential Corporate Purpose) --funds to
pay costs of equipping Police, Fire and Street departments, as published in the
Waterloo Courier on June 18, 1991, be received and placed on file. Motion
carried.
97685 - 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 Brown, seconded by Wright
that the hearing be closed. Motion carried.
97686 - Moved by Wright, seconded by Angel
that "Resolution instituting proceedings to take additional action for the
authorization of a lease/purchase agreement in the principal amount of not to
exceed $650,000 for the acquisition of municipal equipment and vehicles (for
Essential Corporate Purposes)", be adopted. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-387.
July 1, 1991 Page 4
PETITIONS FROM PUBLIC
97687 - Moved by Angel, seconded by Wright
that communication from City Planner transmitting signage request from C & S
Car Company 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 signing of hold harmless agreement, be
received, placed on file and "Resolution approving said request", be adopted
and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent:
Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-388.
97688 - Moved by Angel, seconded by Wright
that communication from City Planner transmitting request of Comprehensive
System, Inc. to amend the Zoning Ordinance pertaining to residential group
homes to allow intermediate care facilities for the mentally retarded to be
considered as a community-based residential home, together with recommendation
of denial of the Planning, Programming and Zoning Commission, be received,
placed on file and "Resolution setting date of hearing as July 22, 1991, at
7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor
instructed to publish notice of same. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-389.
97689 - Moved by Angel, seconded by Wright
that communication from City Engineer transmitting request of Sam Anderson for
a temporary concrete driveway to be located at 110 W. Orange Road, 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 assigned No. 1991-390.
REPORTS
97690 - Moved by Dell, seconded by Brown
that communication from Clerk/Auditor transmitting City of Waterloo Auditor's
Report and Financial Statement for F.Y. 1990, be received, placed on file and
Clerk/Auditor instructed to transmit said F.Y. 1990 Audit to the State Auditor.
Motion carried.
97691 - Moved by Dell, seconded by Brown
that communication from Superintendent of Traffic Operations transmitting
recommendation to install five street lights on Big Rock Road, be received,
placed on file and "Resolution approving installation of said lights", be
adopted and Clerk/Auditor instructed to notify Iowa Public Service of same.
Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-391.
DOCUMENTS
97692 - Moved by Dell, seconded by Brown
that communication from Planning and Development Director transmitting a site
assessment agreement with Twin City Testing for property located between
Sycamore and Lafayette and 11th and Union Streets in conjunction with expansion
of Powers Manufacturing, 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: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-392.
July 1, 1991
Documents - continued
97693 - Moved by Dell, seconded by Brown
that communication
a net increase of
Company of Charles
Road Improvements,
Motion carried.
Page 5
from Associate Engineer transmitting Change Order No. 1 for
$25,193.24 for work to be performed by Allied Construction
City, Iowa in conjunction with the F.Y. 1991 North Elk Run
Contract No. 389, be received, placed on file and approved.
ORDINANCES TO BE ADOPTED
97694 - Moved by Fox, seconded by Dell
that "an Ordinance amending the 1988 Traffic Code by
Waterloo Recreation and Arts Center Parking Lot to
Parking (designation of two hour parking in the parking
Cedar Street and between Cedar Street and Plaza Drive)",
file, considered and passed for the first time. Ayes:
Motion carried.
97695 - Moved by Dell, seconded Fox
adding Subsection (9)
Section 561, Two Hour
lot lying northeast of
be received, placed on
Six. Absent: Buck.
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried.
97696 - Moved by Wright, seconded by Angel
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: Buck. Motion carried.
97697 - Moved by Budak, seconded by Dell
that "an Ordinance amending the 1988 Traffic Code by adding Subsection (9)
Waterloo Recreation and Arts Center Parking Lot to Section 561, Two Hour
Parking (designation of two hour parking in the parking lot lying northeast of
Cedar Street and between Cedar Street and Plaza Drive)", be adopted. Ayes:
Six. Absent: Buck.
Ordinance adopted and upon approval by Mayor assigned No. 3795.
97698 - Moved by Dell, seconded by Fox
that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (193)
Mitchell Avenue (E) of Section 551, Parking Prohibited At All Times on Certain
Streets; and by enacting in lieu thereof a new Subsection (193) Mitchell Avenue
(E) to Section 551, Parking Prohibited At All Times on Certain Streets; and by
adding Subsection (11a) Mitchell Avenue to Section 567, No Parking Any Time
Except Sunday (allow parking on Mitchell Avenue on the south side from Hammond
Avenue to West lith Street on Sundays only)", be received, placed on file,
considered and passed for the first time. Ayes: Six. Absent: Buck. Motion
carried.
97699 - Moved by Brown, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried.
97700 - Moved by Fox, seconded by Dell
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: Buck. Motion carried.
July 1, 1991 Page 6
Ordinances to be Adopted - continued
97701 - Moved by Budak, seconded by Brown
that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (193)
Mitchell Avenue (E) of Section 551, Parking Prohibited At All Times on Certain
Streets; and by enacting in lieu thereof a new Subsection (193) Mitchell Avenue
(E) to Section 551, Parking Prohibited At All Times on Certain Streets; and by
adding Subsection (lla) Mitchell Avenue to Section 567, No Parking Any Time
Except Sunday (allow parking on Mitchell Avenue on the south side from Hammond
Avenue to West llth Street on Sundays only)", be adopted. Ayes: Six. Absent:
Buck.
Ordinance adopted and upon approval by Mayor assigned No. 3796.
97702 - The Mayor announced that the time had arrived for discussion on the curfew
ordinance.
City Attorney Hugh Field explained that the major difference between this
ordinance and the one that the Council considered on June 17, 1991, was that
the ordinance provides that a parent is not responsible for a runaway child if
the parent reports the disappearance within two hours to the Police Department.
The ordinance also establishes curfew hours as 11:00 p.m. Sunday through
Thursday and 12:30 a.m. on Friday and Saturday nights.
Moved by Dell, seconded by Brown
that "an Ordinance repealing Section 27-8, Curfew, of Chapter 27,
Offenses -Miscellaneous, of the Code of Ordinances of the City of Waterloo,
Iowa; and enacting in lieu thereof a new Section 27-8, Curfew, of Chapter 27,
Offenses -Miscellaneous (establishing curfew for persons below the age of
sixteen)", be received, placed on file, considered and passed for the first
time. Ayes: Six. Absent: Buck. Motion carried.
97703 - Moved by Brown, seconded by Fox
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried.
97704 - Moved by Wright, seconded by Brown
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: Buck. Motion carried.
97705 - Moved by Brown, seconded by Dell
that "an Ordinance repealing Section 27-8, Curfew, of Chapter 27,
Offenses -Miscellaneous, of the Code of Ordinances of the City of Waterloo,
Iowa; and enacting in lieu thereof a new Section 27-8, Curfew, of Chapter 27,
Offenses -Miscellaneous (establishing curfew for persons below the age of
sixteen)", be adopted. Ayes: Six. Absent: Buck.
Ordinance adopted and upon approval by Mayor assigned No. 3797.
BILLS PAYMENT
97706 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-65, dated July 1, 1991, in the
amount of $670,907.96, copies of which are on file in the Clerk/Auditor's
Office", be adopted. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-393.
July 1, 1991
NEW BUSINESS
Page 7
97707 - Moved by Angel, seconded by Dell
that communication from Waterloo Water Works Board of Trustees transmitting
request of Jeffrey and Sandra Isaacs to certify $590.00 for work performed by
the Waterloo Water Works at 713 West First Street, be received, placed on file
and "Resolution approving certification of same", be adopted. Ayes:
Six. Absent: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-394.
97708 - Moved by Angel, seconded by Dell
that communication from Superintendent of Water Pollution/Flood Control
Department transmitting recommendation of appointment of Roseann Cory to the
position of Laboratory Technician II, effective July 2, 1991, be received,
placed on file and approved. Motion carried.
97709 - Moved by Angel, seconded by Dell
that communication from Superintendent of Water Pollution/Flood Control
Department transmitting recommendation of appointment of Larry Neil Smith to
the position of Maintenance Foreman, effective July 2, 1991, be received,
placed on file and approved. Motion carried.
97710 - Moved by Angel, seconded by Dell
that communication from Parks & Forestry Director transmitting recommendation
of appointment of Tom Klein to the position of Golf Course Maintenance III,
effective July 2, 1991, be received, placed on file and approved. Motion
carried.
97711 - Moved by Angel, seconded by Dell
to instruct City Engineer to prepare plans, specifications, form of contract,
etc., for the F.Y. 1991 Asphalt Overlay Program, Contract No. 409, be received
and placed on file. Motion carried.
97712 - Moved by Angel, seconded by Dell
that plans, specifications, form of contract, etc., for the F.Y. 1991 Asphalt
Overlay Program, Contract No. 409, be received, placed on file and "Resolution
preliminarily approving the same", be adopted. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-395.
97713 - Moved by Angel, seconded by Dell
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as July 15, 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: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-396.
97714 - Moved by Angel, seconded by Dell
that communication from City Planner transmitting proposed changes to the
Zoning Ordinance as it pertains to the Highway Corridor District, be received,
placed on file and "Resolution setting date of hearing as July 15, 1991, at
7:00 p.m. in the City Hall Council Chambers on the above ordinance changes", be
adopted and Clerk/Auditor instructed to publish notice of same. Ayes:
Six. Absent: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1491-:97.
July 1, 1991 Page 8
New Business - continued
97715 - Moved by Angel, seconded by Dell
that communication from Fire Chief transmitting recommendation of appointment
of Cheryel Stevenson to the position of Clerk I, effective July 9, 1991, be
received, placed on file and approved. Motion carried.
Travel Requests
97716 - Moved by Brown, seconded by Budak
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Gary Simmons, Superintendent of Water Pollution/Flood Control, to attend
WPCF 1991 Annual Conference & Exhibition in Toronto, Canada, on October
6-10, 1991, with costs not to exceed $1,342.35.
2. Don Temeyer, Planning and Development Director, to attend 97th Conference
on Governance Civics and Politics in the '90s in Minneapolis, Minnesota,
on September 19-21, 1991, with costs not to exceed $629.00, including the
use of city vehicle.
3. Larry McKinney, FEO, Dave Haugen, Fire Lieutenant, and Tom Powers, Fire
Lieutenant, to attend Introduction to Hazardous Material Incident Response
Course, in Des Moines, Iowa, on July 8-10, 1991, with costs not to exceed
$399.00.
Motion carried.
MISCELLANEOUS
97717 - Moved by Brown, seconded by Budak
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 application for junk dealer's license
and cigarette permit applications be received, placed on file and approved:
1. Beer License Permit Application
Class C
Garrison Phillips 66, 2230 Independence Avenue (Renewal)
Dell Oil, 90 West 18th Street (Renewal) (Expires 7/29/92)
Sales)
Alice's Convenience & Varieties, 2324 Idaho Street (New)
(Includes Sunday Sales)
(Expires 7/29/92)
(Includes Sunday
(Expires 7/5/92)
2. Beer & Liquor License Permit Application
Class C
Anchor Lounge, 324 West 4th Street (Renewal) (Expires 7/15/92) (Includes
Sunday Sales)
Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/17/92) (Includes
Sunday Sales)
Application for Junk Dealer's License
Capital Metals, 3045 Burton Avenue (Yard --2724 Lafayette Street)
Cigarette Permit Application
Thirty (30)
Motion carried.
BONDS
97718 - Moved by Wright, seconded by Angel
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through July 1, 1991, be received, placed on file and report and
bonds approved. Motion carried.
July 1, 1991
Page 9
97719 - City Attorney Hugh Field stated that threatened litigation is an approved topic
of Executive Session as authorized by Iowa Code, Section 20.16
Moved by Budak, seconded by Dell
that the Council adjourn to Executive Session. Ayes: Six. Absent: Buck.
Motion carried.
EXECUTIVE SESSION
97720 - Moved by Wright, seconded by Dell
that the Council adjourn the Executive Session. Ayes: Six. Absent: Buck.
Motion carried.
97721 - Moved by Budak, seconded by Angel
that the Council adjourn at 8:15 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor